The Department of INjustice: Polar Pen Melts

In late 2008, young FBI agent Chad Joy filed a complaint with the Justice Department’s Office of Professional Responsibility claiming that the prosecutors hid evidence in the Stevens “Polar Pen” case. He had to request protection of “whistle-blower status” within the FBI.

One of his main complaints was that prosecutor Marsh had concocted an excuse to keep witness Rocky Williams, who was sent back to Alaska for “health reasons”, from being cross-examined because he wouldn’t be able to bear up under it with his testimony. He also said Marsh deliberately hid evidence favorable to the defense.

The Department of Justice tried to keep Joy’s complaint under wraps, but couldn’t. About the same time, Friedrich left the department. Kathryn Ruemmler returned to be second in command behind the attorney general. In the middle of the meltdown, Eric Holder was sworn in as Attorney General.

Judge Sullivan held PIN Chief Bill Welch, lead trial counsel Brenda Morris and Appellate Section Chief Patty Stemler in contempt. A new team had to be appointed. The new team found notes of the interview with key government witness Bill Allen that were exculpatory to the defense.

Holder marched in on his supposedly “white horse” (his action was completely political to try to save face). On April 1 he announced he was dismissing the case against Senator Stevens “in the interest of justice,” and pledged a “thorough review by OPR”.

Brendan Sullivan, Stevens’ attorney, stated to the press, “This jury verdict was obtained unlawfully. The government disregarded the Constitution, the Federal Rules of Criminal Procedure, and well-established Supreme Court case law. In stunning misconduct, the government presented false evidence” “In essence, the government tricked the jury into returning a tainted verdict against the senator based on false evidence.”

“Noting how truly dangerous and destructive prosecutorial misconduct is, Mr. Sullivan said, ‘This case is a sad story and a warning to everyone. Any citizen can be convicted if prosecutors are hellbent on ignoring the Constitution and willing to present false evidence.”

The media jumped on the bandwagon with “The government’s lawyers likely miscarried justice and should be held to account.”

Attorney General Eric Holder made political but false statements like “He wanted ‘to prevent those kinds of mistakes from happening again.’”  He wanted ‘to tell the world’ that ‘this is not the way in which this Justice Department will conduct itself.’


In this chapter, the DOJ gets caught with its pants down. Only because of the morality of one FBI agent, who then had to protect himself from attack within his own ranks by declaring a “whistle blower status”. In further research, Mr. Joy was a member of the Anchorage FBI, and he stated later that he was denied the whistle blower status. As of 2012, FBI agent Mary Beth Kepner, one of those doing misconduct, was still working for the FBI, still investigating cases. Robert Burnham, second on command at the Anchorage office, described Kepner as “dogged and determined and so creative in developing cooperating witnesses, cooperating subjects.”  So, in other words, the offending perpetrator of prosecutorial misconduct gets accolades for doing whatever it takes to win, while the moral member gets the boot. Mr. Joy, on the other hand, was informed that he was to be taken off of criminal cases on June 22, 2009, effectively ending his career, according to those who understand the way the FBI works. Less than seven months later, on Jan. 2, 2010, he resigned, sold his house, and left the state.

Senator Stevens was basically lucky. How many other cases won through prosecutorial misconduct don’t get caught?  Probably most of them. I believe that a greater majority of cases now being criminally prosecuted aren’t guilty of any criminal conduct. Putting people in prison now is big business. The Department of Justice has grown so big and has so many hungry mouths to feed, that they will continue to attack innocent people until we, the people, do something to stop it.

The fact that there was a moral FBI agent and a moral judge, who believed in the way the Justice Department is supposed to be run is just a small crack in the wall.  It gives us a glimpse of the evil behind the door. But as soon as the evil was exposed, the powers that be, Eric Holder, the Justice Department, and the FBI proceeded to hide what was going on and continue their growing habit of prosecuting the innocent for reward. And the American people are oblivious to what is happening. The greater majority of us still believe that only criminals are prosecuted. We have to change that perception, bring it back to reality, and get our government to return to the concepts of justice that the fathers of our country espoused when they wrote the constitution. We need to “blast through the wall of INjustice.”

Mr. Sullivan’s statement about how truly dangerous and destructive prosecutorial misconduct is should have been a warning received by the DOJ and they should have taken it on to clean up their ship. As Mr. Sullivan said, this is a warning to everyone. Any citizen in this country CAN and IS being convicted, because prosecutors ARE hell-bent on ignoring the Constitution and willing to fabricate a crime themselves in order to win. They did it with me, they are doing it with every doctor being prosecuted, and my guess is they are doing it throughout the country in every area imaginable.

Is there anyone in the DOJ with any integrity or morals? I don’t think so. Attorney General Eric Holder made political but false statements like “He wanted ‘to prevent those kinds of mistakes from happening again.’” When what he really meant was that he didn’t want the government caught again. The prosecutors could do whatever they wanted to win a case, just don’t get caught at it. So the DOJ protects itself from disclosure of illegalities, straight through the OPR.

How evil is our government? They are so evil that they will attack an innocent doctor dying of cancer in order to make money and gain promotions. Check out my post on Dr. Austrian here: