March 4 letter to Jan Mann by breitbart

VIEWS: 51,436 PAGES: 2

									ORRiCKj HERRINGTON & SUTCLlfFE LLP
LOiy«eiA CEPITER
1IE2 1$TH STREET, NW
WASHINGTON* D.C 2GOG5-17O6
O
ORRiCK
fax +1-203-339-8500
WWfW.ORRICK.COM
March 4, 2010
Michael J. Madigan
(202) 339-8523
mmadigan@orrick.com
VIA ELECTRONIC MAIL AND OVERNIGHT DELIVERY
Jan Mann, Esq.	.
hirst Assistant U.S. Attorney
500 Poydras Street, Suite 210
New Orleans, LA 70130
Re: O'Keefe materials improperly provided to media
Dear Ms. Mann:
I write to inform you that I have reason to believe that someone in your office or in the
Louisiana law enforcement community is providing documents obtained from Mr. O'Keefe's
computer and/or cell phone, including privileged attorney-client communications, to members of
the media. The information that I have confirmed was disclosed to the media appears to be
intentionally calculated to foment negative public opinion against Mr. O'Keefe, presumably in an
unethical effort to prejudice any criminal proceedings against Mr. O'Keefe. I request that your
office immediately investigate this matter, which is a clear violation of Chapters 1-7.500 and 1-
7.600(E) of the United States Attorneys' Manual as well as a prosecutor's ethical obligations, to
determine who is responsible for this conduct.
As you know, law enforcement officials seized materials, including Mr. O'Keefe's computer
and cell phone, from a car registered to Ben Wetmore without the permission of either Mr. O'Keefe
or Mr. Wetmore. The computer and cell phone contain multiple private communications, including
privileged emails between Mr. O'Keefe and his attorneys which are unrelated to the events in New
Orleans that your office is investigating.
This week, two journalists contacted me and informed me and my colleagues that they had
received copies of Mr. O'Keefe's emails from an unidentified source. Based on their description of
those emails, it seems that the emails could only have been provided to the media by someone in
your office or in Louisiana law enforcement with access to Mr. O'Keefe's seized computer and cell
phone. For example, the reporters have informed me that they were provided with:
• An October 26, 2009 email from an Ornck, Herrington & Sutcliffe attorney to Mr. O'Keefe.
The subject line of the email reads "Privileged," clearly indicating that it is an attorney-client
communication. The email is copied to myself and two other Ornck attorneys and was not
forwarded or provided to any other individuals. Therefore, it could only have been disclosed
V
O R R I C K
Jan Mann, Esq.
March 4, 2010
Page 2
to the reporters by someone in your office or in Louisiana law enforcement with access to
Mr. O'Keefe's seized computer and cell phone; and
• An October 15, 2009 email from Mr. O'Keefe to an Orrick attorney.
As the U.S. Attorney's Manual affirms, the attorney-client privilege is one of the oldest and
most sacrosanct privileges under the law. Prosecutors and law enforcement officials have an
obligation to not even review documents in their possession that appear to be privileged attorney-
client communications, much less provide them to the media. 1 am confident you agree that if a
member of your office or the Louisiana law enforcement community is responsible for these
improper disclosures it constitutes severe prosecutorial misconduct. I request that your office
immediately stop reviewing privileged information and return Mr. O'Keefe's computer and cell
phone so that I can conduct a privilege review of their contents.
I wished to bring this serious matter to your attention first rather than refer it directly to the
Office of Inspector General, so that you could conduct an appropriate internal investigation and
inform me of its result without delay. I also find it unfortunate and suspiciously coincidental that
this leaking of privileged documents is coming at a time when we have been discussing in good faith
a resolution of this matter. We welcome the opportunity to provide you with additional
information. I look forward to your prompt reply.
Best regards,
/Michael J - Madigan
John C. Pitts
I ..mm Breuer, Esq.
Assistant Attorney General- Criminal Division
Jordan Ginsberg
Assistant United States Attorney
cc:

								
To top