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November 16, 2009

Former federal prosecutor still soldiers on in complaint against ex-bosses

Former federal prosecutor Richard Convertino is still immersed in his effort to find out who leaked information about him to the Detroit Free Press. This case has been going on for five years now, and from the looks of things will not end soon.

On Monday, U.S. District Judge Royce Lamberth declared he would examine in camera some potentially relevant Justice Department documents. The ruling itself is simply a procedural development, but it's a reminder of how long this sensitive dispute has been roiling.

Convertino says someone in Justice sought to smear him by leaking information about an Office of Professional Responsibility investigation into claims that Convertino had withheld potentially exculpatory documents. The Free Press's David Ashenfelter reported on the investigation Jan. 17, 2004. As Judge Lamberth reported:

"Following the leak, the Office of the Inspector General (“OIG”) began an investigation to determine who provided the information to the press, ultimately concluding that there was insufficient evidence to prove, by a preponderance of the evidence, who the leaker was."

As part of his claim, Convertino seeks 736 Justice Department documents. You know, the kind that might say something like: Memo for the file, here are the secret documents to leak to our friendly reporter.

While noting pointedly that "plaintiff has failed to make a viable claim to a grand cover-up -- failing to provide any evidence of suspicions of wrongdoing during the investigations," Lamberth agreed to privately review some documents for potential release to Convertino.

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mike

"Suits & Sentences" is a legal affairs blog written by Michael Doyle, a reporter for McClatchy's Washington Bureau. He was a Knight Journalism Fellow at Yale Law School, where he earned a Master of Studies in Law; he also earned a Masters in Government from The Johns Hopkins University with a thesis on the Freedom of Information Act. He teaches journalism as an adjunct instructor at The George Washington University's School of Media and Public Affairs.

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