Prosecutorial Misconduct in its Highest Form

Meet Assistant U.S. Attorney Greg Damm of Las Vegas, Nevada. In 2008, he was ripped a new one by the 9th Circuit for prosecutorial misconduct. Now he's caused a new controversy.

From last year's National Law Journal:

Roundly denouncing a Las Vegas federal prosecutor for withholding 650 pages of evidence potentially helpful to two lawyers charged in a stock fraud case, the 9th U.S. Circuit Court of Appeals upheld dismissal of all 64 charges and refused to allow a retrial. "This is prosecutorial misconduct in its highest form; conduct in flagrant disregard of the United States Constitution; and conduct which should be deterred by the strongest sanction available," wrote Judge Kim Wardlaw. Assistant U.S. Attorney J. Greg Damm, identified in court records as the trial attorney, assured the defense and the trial judge that he had turned over all documents. But one day before trial in 2006, he announced that the case agent, who was not on the witness list, would testify. None of his statements, memos or notes had been disclosed to the defense. When the trial judge demanded proof the records were given to the defense, Damm said he could not verify the claim and kept no log of the 400,000 pages of discovery given to the defense.

Now, last month, Damm made headlines after subpoenaing the Las Vegas Review Journal when folks commented on a news story about a tax evasion case Damm was prosecuting. Damm demanded to know names, addresses, phone numbers, ip addresses, and all pertinent information about each and every commentator.

The ACLU stepped in to defend their first amendment rights. The legal community was abuzz. After the subpoena was narrowed in scope, the newspaper finally agreed to give information on two commentators who allegedly made "threatening" comments.