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Federal prosecutors are getting a terrible return on their, and our taxpayer-financed, courtroom investments

June 19, 2012

John Edwards, now Roger Clemens. Before that we had the reversal of the bungled corruption case against the late Sen. Ted Stevens.

Department-Of-Justice-sealThe Department of Justice avoided courtroom complications but not controversy with its settlement agreement in its antitrust case against Apple and two publishers over alleged e-book price fixing.

And let's not even get into the the DOJ's oral arguments before the Supreme Court on health care. Regardless of where folks stand on this law, almost everyone agrees that the government's presentation before the justices was not one of its best moments.

So what is up with federal lawyers?

They are having a terrible time in courtrooms. And that's leading to a worse public perception about our federal justice system.

Are the Department of Justice folks simply unprepared?

When federal prosecutors have a say over litigation, are they picking cases that too complicated?

Are they falling into a pop culture celebrity cycle, opting for glitzy cases that might grab public attention instead of focusing on cases that have stronger legal foundations?

Are jurors just bored, as apparently was the case when a couple of jurors nodded off during Clemens' plodding second trial? Or are they confused by topics such as the arcane election laws in the Edwards' case?

Or could it be, as Daniel Fisher tosses out in his Forbes piece, that empaneled citizens simply are sending the federal government a message via "not guilty" decisions about what they think of the federal government?

Whatever the reasons, it's clear that federal investigators and prosecutors are spending an awful lot of time and taxpayer money without anything, at least from Uncle Sam's point of view, to show for it.

Money, of course, is not a reason to avoid making cases when laws are broken. There shouldn't be a price on justice.

And folks beyond the juries who believe Edwards, Clemens and Stevens were not guilty say that those verdicts (or subsequent government reversal in Stevens' case) produced the appropriate return on each legal investment.

But let's be honest, lawyers do not head into court on a high-profile case with the intention of losing. Yet losing seems to be all that federal prosecutors have done of late.

I suspect that it will be a while before we see another big federal case go before a jury. And that reticence might not be a bad thing.

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TO WRAP UP 2026

It’s over! With October’s extended filing deadline behind us, it is now time to focus on year-end moves to reduce your 2026 tax bill. 

You’ll find ways to do just that on the Tax Tips page (see the More Tax Posts drop-down menu at the top of the blog), as well as the separate tax tip pages for each month, notably October through December. If you’re on the Tax Tips page, you’ll find a monthly list at the end of this column. If you’re on another blog page, you can head straight to the October tips; at the bottom of that tips page you’ll find links to all the other 11 months’ collections of tax advice.

Not to spoil what you’ll find in that tax advice, but it does cover such things as tax deductions for charitable donations, investment moves that could reduce tax due, and ways to max out your tax-favored retirement savings. 

Finally, as the year winds down, things get hectic. There are lots of other things to occupy our time, like the much more fun upcoming holidays. But don’t lose sight of taxes, since timing is key. To be of use, most tax moves must be made by the end of the tax year. That’s Thursday, Dec. 31, which also is the last business day of the year. 

So that you don’t miss that final tax year deadline, also keep an eye on the countdown clock below. It will keep you on top of just how much time is left to make important, tax-saving moves. (Note: I’m in the Central Time Zone, so adjust accordingly for where you live.)

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