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ABSCAM — Part 10
Page 48
48 / 52
RALPH SODA
News Service
FASHINGTON — A highly regarded, nationally cir-
culated legal magazine has accused former chief
‘Abscam prosecutor Thomas Puccio of revealing secret
grand jury proceedings related to the FBI operation.
‘The charge is contained in-an article in the current
issue of The American Lawyer, a prestigious monthly
Ae Se eee TegarTateriy wil e Tegal Traternity Gita circulation of
more than 25.000 subscribers, most of them lawyers and
Tedees.
“The article, written
lisher of the magazine, accuses Puccio of prosecutorial
by Steven Brill, editor and pub-
Abseam prosecutor accus
hands of an able, eager prosecutor, enough to be a vigla
tion of rule 6E of the Federal Rules of Criminal Procee-
dure — which constitutes criminal contempt of court,”
Brill writes.
“Thomas Puccio has successfully been stung, though
only in print.” .
‘In explanation, Brill told Gannett News Service (GNS)
that, if he had approached Puccio as an adversary.
instead of as an agreeable luncheon companion with
mutual professional interests, he might not have gotten
Puccio to be so indiscreet as to reveal the grand jury
ings.
“That Puccio was lulled into reveating them by Brill’s
_abuses_n_ cancion either Tederal_undercover
- “Bhings as well He notes specifically the cocaine arrest of
‘aulomotive entrepreneur John DeLorean and the
Shar ges of theft of electronic trade secretsby employees
Japan's Hitachi Ltd.
‘The celebrated Abscam investigation into political
+ corruption produced the conviction on bribery and con-
|: spiracy charges of 19 persons, including seven members
"of Congress.
__, While he was interviewing Puccio in connection with
“ Abscam, Brill charges, the former prosecutor confided
tohim details of the secret grand jury proceedings that
Ited in the bulk of the Abscam indictments.
It’s not a major transgression, but arguably, in the
friendly approach shows clearly how easily someone
‘can be tricked into doing somethin, a erate
narily do, Brill said. y
Sind just auch Tickery might have been used by the
government in developing its case in Abscam aed other
sting operations, Brill suggests in his article.
Pe saerad GNS be had only “skimmed the article”.
and would reserve comment until be inquired further
into the matter. He said the suggestion that be may have
divulged secret grand jury testimony in violation of the
law was “ridiculous.” .
But Brill stuck by his story.
“The story is true,” he told GNS. “He discussed grand
jury proceedings.” °
Asaperample, Brill wrote that be asked Puccio if for-
mer fu Harrison A. Williams Jr., D-NJ, a convicted
‘Abscafri defendant. had been called to testify before the
grandjyry that indicted him on bribery and conspiracy
charg:
io told me he (Williams) did not testify.” Brill
“Pr
said.
“I apo asked him how the members of the grand jury
to'the showing of the video tapes (of public offi-
ing bribes from FBI undercover agents) and
told me, “Oh, they loved them.”
“Thiags like that are secret,” said Brill, “and shouldn't
id he made a point of reporting Puccio's discus-
sion ofgonfidential grand jury proceedings because it
der tes how the enthusiasm of some prosecutors
for he{dline-grabbing investigations could blind therm to
conduff on their part that might compromise the integ-
rity ofthe criminal justice system.
‘Sucronduct, he said, has been evident in the recent
underipyer scams orchestrated by the FBI and the
Deparftient of Justice and “might be unsettling to those
‘who bfieve that presecutors should care as much about
justicand the integrity of the system as they do about
filling celts.”
Rect disclosures concerning the conduct of the
Abscalt- investigation, he wrote, “provide clear, con
d of abusi
\
COURIER-POST, Friday, January 14, 1983 SA
CAPITAL NEWS
ng office
vincing proof that Abscam was as much a scandal for the: ‘
tors as for the defendants.” :
re 1s now strong evidence,” Brill says, “that the |
tors in charge of Abscam — Philip Heymann
(lormer chief of the criminal division at Justice), Irvin
Nathan (assistant U.S. attorney general in the criminal
division) and Thomas Puccio ~ ruined the life of atleast.
one innocent defendant (former New Jersey Casino Con-
trot Commission vice enaitian Kenneth MacDonald).
unfairly convicted several other utterly urisympathetic
but not appropriately prosecutable public officials (such
as Sen. Williams), and then stained the reputations of
those professional prosecutors who had the guts to say.
in internal memos of dissent, that the simple integrity of
the system was more important than a sexy indictment:
or conviction.”
Brill told GNS that, since publication of his article, he
has received “numerous letters” {rom readers critica
of the conduct of the FBI and federal prosecutors in the
‘Abscam, DeLorean and Hitachi sting operations.
He said he has received one call complaining about bis
article from Puccio, and_a “friendly” letter from FBI,
Director Willi he.
wrote his article, i
‘opinion inone of the Abscam cases finding that there was
‘no entrapment. Brill said he had read the opinion cited
‘by Webster, “
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