Mary Beth Buchanan
Encyclopedia
Mary Beth Buchanan, née Kotcella, (born July 25, 1963), was the United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...

 for the Western District of Pennsylvania
United States District Court for the Western District of Pennsylvania
The United States District Court for the Western District of Pennsylvania sits in Pittsburgh, Erie, and Johnstown, Pennsylvania. It is composed of ten judges as authorized by federal law. The Honorable Judge Gary L. Lancaster is currently Chief Judge of the Western Pennsylvania District...

. She was nominated by George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....

 on September 5, 2001, and confirmed by the United States Senate on September 14, 2001.

Buchanan was the first woman and youngest person ever in Pennsylvania's history to be appointed to this position, and she has been viewed by some, such as former U.S. Attorney General Richard Thornburgh and former U.S. Attorney Fred Thieman, as one of the more controversial U.S. Attorneys in the history of Pennsylvania. Under Attorneys General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...

 John Ashcroft
John Ashcroft
John David Ashcroft is a United States politician who served as the 79th United States Attorney General, from 2001 until 2005, appointed by President George W. Bush. Ashcroft previously served as the 50th Governor of Missouri and a U.S...

 and Alberto Gonzales
Alberto Gonzales
Alberto R. Gonzales was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush. Gonzales was the first Hispanic Attorney General in U.S. history and the highest-ranking Hispanic government official ever...

, Buchanan continuously held two key Justice Department posts, splitting time between Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....

 and Pittsburgh up until her resignation as Acting Director of the Department of Justice's Office on Violence Against Women
Office on Violence Against Women
The Office on Violence Against Women , a component of the U.S. Department of Justice, provides national leadership in developing the nation's capacity to reduce violence against women through the implementation of the Violence Against Women Act ....

 in December 2007. In May 2010, Buchanan, a candidate for the U.S. House of Representatives in Pennsylvania's 4th congressional district, was defeated in the Republican primary.

Personal

Buchanan is a native of suburban Roscoe, Pennsylvania
Roscoe, Pennsylvania
Roscoe is a borough in Washington County, Pennsylvania, United States. The population was 848 at the 2000 census.-History:The Allenport & Roscoe Street Railway was formed in 1903 and was purchased by Pittsburgh Railways to form part of their interurban line to Pittsburgh in 1906. The extension to...

. She is a 1984 graduate of California University of Pennsylvania
California University of Pennsylvania
California University of Pennsylvania is a public university located in California, Pennsylvania, USA. Founded in 1852, it is a member of the Pennsylvania State System of Higher Education. Cal U's enrollment is approximately 9,400.The main campus consists of about 38 buildings situated on 92 acres...

, and a 1987 graduate of the University of Pittsburgh School of Law
University of Pittsburgh School of Law
The University of Pittsburgh School of Law was founded in 1895, and became a charter member of the Association of American Law Schools in 1900...

. Her resume makes no mention of any particular grade point average, class rank or standing, law review experience, or further graduate study beyond the juris doctorate level. Her second husband, Thomas C. Buchanan, whom she married after divorcing her first husband, is the grandson of the founder of the Buchanan Ingersoll law firm. The firm, in which he is a partner, is now called Buchanan Ingersoll & Rooney.

Strassburger McKenna Gutnick & Potter (1987)

Buchanan worked temporarily as an associate at Strassburger McKenna Gutnick & Potter after her 1987 law school graduation.

Federalist Society

Buchanan is an active member of the Federalist Society
Federalist Society
The Federalist Society for Law and Public Policy Studies, most frequently called simply the Federalist Society, is an organization of conservatives seeking reform of the current American legal system in accordance with a textualist and/or originalist interpretation of the U.S. Constitution...

. She has spoken at many of the organization's conferences on various topics and has published two articles in the society's news magazine. Buchanan was slated to speak on "Warrantless Wiretapping, Wireless Tracking, and Law Enforcement" at the Boston University Student Chapter of the Federalist Society
Federalist Society
The Federalist Society for Law and Public Policy Studies, most frequently called simply the Federalist Society, is an organization of conservatives seeking reform of the current American legal system in accordance with a textualist and/or originalist interpretation of the U.S. Constitution...

 on January 28, 2009.

Assistant U.S. Attorney (1988-2001)

Buchanan joined the U.S. Attorney's Office as an Assistant U.S. Attorney in 1988. From 1988 to 1992, she represented the United States in the office's Civil Division. From 1992 until her appointment as U.S. Attorney, she served in the Criminal Division.

U. S. Attorney for Western District of Pennsylvania (2001-2009)

Buchanan was the United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...

 for the Western District of Pennsylvania from 2001 to 2009. She was nominated by George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....

 on September 5, 2001, and confirmed by the United States Senate on September 14, 2001. On December 3, 2008, Buchanan released a statement to the press that she did not intend to step down or offer her letter of resignation to President-elect Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...

 despite the ordinary practice that sitting U.S. Attorneys offer a new administration their resignations. As an appointed position, U.S. Attorneys serve at the pleasure of the President. On October 29, 2009, Buchanan's office released a statement that she would step down from her post as U.S. Attorney for the Western District of Pennsylvania on November 16, 2009. Buchanan concurrently served in more than one position within the Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...

.

These appointments were as follows:

Chair of Advisory Committee of United States Attorneys (2003-2004)

Between April 2003 and May 2004, Buchanan served as chair of Attorney General John Ashcroft's Advisory Committee of United States Attorneys. This committee counsels the Attorney General on law enforcement issues and plays an integral role in setting Justice Department policy.

Advisory Committee to the United States Sentencing Commission (2002-2004)

From February 2002 to 2004, she served on the Advisory Committee to the United States Sentencing Commission
United States Sentencing Commission
The United States Sentencing Commission is an independent agency of the judicial branch of the federal government of the United States. It is responsible for articulating the sentencing guidelines for the United States federal courts...

, which was established to study the effectiveness of the Federal Sentencing Guidelines
Federal Sentencing Guidelines
The Federal Sentencing Guidelines are rules that set out a uniform sentencing policy for individuals and organizations convicted of felonies and serious misdemeanors in the United States federal courts system...

.

Executive Office for United States Attorneys (2004 - 2005)

From June 2004 until June 2005, Buchanan served as Director of the Executive Office for United States Attorneys. This Washington, D.C.-based office provides administrative support to the 94 United States Attorneys' Offices nationwide. Buchanan held this post at the start of the period that relates to the Dismissal of U.S. attorneys controversy. Buchanan hired Monica Goodling
Monica Goodling
Monica Marie Goodling is a former United States government lawyer and political appointee in the George W. Bush administration who became known in 2007 in the midst of a political controversy surrounding the firings of several United States Attorneys...

 to work in the executive office.

Acting Director of the Department of Justice's Office on Violence Against Women (2006-2007)

From November 2006 through December 2007, Buchanan served as the Acting Director of the Department of Justice's Office on Violence Against Women
Office on Violence Against Women
The Office on Violence Against Women , a component of the U.S. Department of Justice, provides national leadership in developing the nation's capacity to reduce violence against women through the implementation of the Violence Against Women Act ....

. This office, based in Washington, DC, administers financial and technical assistance to communities nationwide that are creating programs, policies, and practices aimed at ending domestic violence, dating violence, sexual assault, and stalking, and provides leadership in developing the nation's capacity to reduce violence against women through implementation of the Violence Against Women Act
Violence Against Women Act
The Violence Against Women Act of 1994 is a United States federal law. It was passed as Title IV, sec. 40001-40703 of the Violent Crime Control and Law Enforcement Act of 1994, , and signed as by President Bill Clinton on September 13, 1994...

.

United States vs. Tommy Chong (2003)

See also: Tommy Chong
Tommy Chong
Tommy Chong is a Canadian-American comedian, actor, writer, director, activist, and musician who is well known for his stereotypical portrayals of hippie-era stoners...

, Operation Pipe Dreams
Operation Pipe Dreams
Operation Pipe Dreams was the code-name for a U.S. nationwide investigation in 2003 targeting businesses selling drug paraphernalia, mostly marijuana pipes and bongs, under a little-used statute of the U.S. Code...

, and Operation True Test
Operation True Test
Operation True Test was the code-name for a nationwide investigation in 2008 targeting businesses selling "masking products" that are supposed to help drug-users pass employer drug tests, under a little-used statute of the U.S. Code.Operation True Test is still ongoing...


Buchanan oversaw Operation Pipe Dreams, which was a $12 million dollar law enforcement operation targeted at individuals conducting online sales of water pipes and other devices that could be considered drug paraphernalia. The investigation resulted in 55 individuals being charged, most notably comedian and actorTommy Chong
Tommy Chong
Tommy Chong is a Canadian-American comedian, actor, writer, director, activist, and musician who is well known for his stereotypical portrayals of hippie-era stoners...

, who was charged for his role in the financing and promoting of Chong Glass/Nice Dreams, a company started by his son, Paris Chong. Chong's case never went through a federal trial; instead he came to a settlement with Buchanan's office in which he admitted to distributing 7,500 bongs and water pipes via the Internet through Nice Dreams, a family company named for one of his movies. Of the 55 individuals charged through the investigation, Tommy Chong was the only individual without a prior criminal history who received jail time.

Chong's jail time, the tactics utilized by the DEA agents during the investigation, and the investigation's focus on Tommy rather than Paris Chong (the company's CEO), raised concern among critics of selective prosecution. When asked why the government had focused on Tommy Chong instead of the company’s CEO, Paris, Buchanan responded that "Tommy Chong was the more responsible corporate officer because he financed and marketed the product." When questioned on the disparity between sentences/fines that the other 54 individuals received compared to Tommy Chong, Buchanan stated, "He [Tommy Chong] wasn't the biggest supplier. He was a relatively new player, but he had the ability to market products like no other."

Chong was released from federal prison after nine months. He has been an avid critic of the prosecution in his case. In 2006, Chong wrote a book about his experiences in jail and his interest in meditation, called The I Chong: Meditations From The Joint. In addition, the documentary a/k/a Tommy Chong
A/k/a Tommy Chong
a/k/a Tommy Chong, written, produced, and directed by Josh Gilbert, is a documentary film that chronicles the Drug Enforcement Administration raid on comedian Tommy Chong's house and his subsequent jail sentence for trafficking in illegal drug paraphernalia...

chronicles the Drug Enforcement Administration raid on his house and his subsequent jail sentence for trafficking in illegal drug paraphernalia. Tommy Chong has stated publicly that he has no ownership in the film.

On May 7, 2008, federal agents raided Spectrum Labs on an investigation related to Spectrum Labs' detoxification products. The raid, one of nine during the day, was part of Operation True Test
Operation True Test
Operation True Test was the code-name for a nationwide investigation in 2008 targeting businesses selling "masking products" that are supposed to help drug-users pass employer drug tests, under a little-used statute of the U.S. Code.Operation True Test is still ongoing...

, an investigation being led by Buchanan. The investigation targeted companies that sell "masking products" that are supposed to help drug-users pass employer drug tests. Of the nine search warrants issued, none were for businesses within Buchanan's district, the Western District of Pennsylvania.

In executing their search warrant, the federal agents supposedly seized over 10,000 copies of the documentary a/k/a Tommy Chong, which had yet to be released, though this was later retracted. Chong speculated that the initially alleged seizure may rest with prohibitions against one benefiting financially from a crime; however, Chong has not stated publicly that he has been charged with such an offense. In a statement released to the press, he stated "It's [i.e., the seizure of the DVDs] a way to punish the distributor financially. There's no way to get the DVDs back until the investigation is over." Chong also stated that he has no ownership in the film.

United States vs. Karen Fletcher (2006)

Karen Fletcher of suburban Donora, Pennsylvania
Donora, Pennsylvania
Donora is a borough in Washington County, Pennsylvania, south of Pittsburgh on the Monongahela river. Donora was incorporated in 1901. Donora got its name from a combination of William Donner and Nora Mellon, banker Andrew W. Mellon's wife. Agriculture, coal-mining, steel-making, wire-making, and...

 was indicted on six charges of distributing obscene materials over the Internet. The fictional texts featured detailed stories about the molesting, torture and sometimes gruesome murders of children under the age of 10, mostly girls.

Unlike typical obscenity cases, though, Karen Fletcher was charged with violating the law through simple writing, and not with pictures or movies. Fletcher ran what was known as the "Red Rose" Web site, where she posted her fictional stories. In order to prevent minors and others from accessing the site improperly, Fletcher charged members a $10 monthly fee to have access to the site. At the time of the indictment, there were only 29 members to the site. No other member to the site was charged within the indictment.

In affidavits, Fletcher wrote that she has almost no memory of her childhood up until the age of 14. She explained that her writing started out just for her and was cathartic because she had been sexually abused as a child. “At first I would capture a particular feeling of dread and try to weave it into a scenario that explained the feeling", she wrote. Fletcher described what she called her "monsters":
"I have always been afraid of monsters. The monsters in my life had always been real; for too long they were always there with unlimited access to me, and I was helpless to do anything about it. In my stories, I have created new monsters. [They] rise above the horror of the real life monsters. Somehow, making these monsters so much worse makes me feel better, and makes my life seem more bearable. I may still be afraid of the monsters, but at least in the stories, they prey on someone else, not me."


Fletcher’s lawyers argued in pretrial court proceedings that their client was not guilty of the charges. Their arguments were based on a viewpoint that the stories written by Fletcher did not meet the legal definition of obscenity. The legal definition of obscenity embraces both "description", as in text, and "depiction", as in images, stated one of Fletcher’s lawyers. In one of their briefs, the defense argued that Fletcher’s stories, however lurid, were comparable to many scenes found in literature and television. The novel A Clockwork Orange
A Clockwork Orange
A Clockwork Orange is a 1962 dystopian novella by Anthony Burgess. The novel contains an experiment in language: the characters often use an argot called "Nadsat", derived from Russian....

,
by Anthony Burgess
Anthony Burgess
John Burgess Wilson  – who published under the pen name Anthony Burgess – was an English author, poet, playwright, composer, linguist, translator and critic. The dystopian satire A Clockwork Orange is Burgess's most famous novel, though he dismissed it as one of his lesser works...

, and episodes of the television cartoon South Park
South Park
South Park is an American animated television series created by Trey Parker and Matt Stone for the Comedy Central television network. Intended for mature audiences, the show has become famous for its crude language, surreal, satirical, and dark humor that lampoons a wide range of topics...

were cited as such examples. The defense also cited a scene in the novel The Apprentice
The Apprentice (book)
The Apprentice is a novel by Lewis Libby, former Chief of Staff to U.S. Vice President Dick Cheney, first published in hardback in 1996, reprinted in trade paperback in 2002, and reissued in mass market paperback in 2005 after Libby's indictment in the CIA leak grand jury investigation...

by I. Lewis Libby Jr., the former chief of staff to Vice President Dick Cheney
Dick Cheney
Richard Bruce "Dick" Cheney served as the 46th Vice President of the United States , under George W. Bush....

, in which a 10-year-old girl is placed in a cage with a bear who forces himself upon her sexually to habituate her to sexual submission. The lawyers argued that Fletcher’s stories were no more lurid than the novel by Mr. Libby. Additionally, Fletcher's lawyers argued that she ran the web site for cathartic (medical) reasons in an attempt to help herself and others move past issues of childhood exploitation. The fact that Fletcher charged a membership fee was utilized to argue that Fletcher was not attempting to distribute the materials. Since the case was one of the handful obscenity cases in the previous twenty years and it involved only text without visual images, First Amendment activists joined in the defense.

In response to the criticism that she received from those activists, Buchanan stated, "It (Fletcher's stories) is some of the most disturbing, disgusting and vile material that I've ever viewed." Later within another press statement, Buchanan stated that, "Obscene material is not protected by the First Amendment, and the law is clear on that." "This is extremely egregious and is as patently offensive as material possibly could be. I cannot imagine material more offensive than the material in the case of Karen Fletcher."

While pornography by itself is not illegal, it can be prosecuted as obscenity if it fits the definition laid out by the Supreme Court more than 30 years ago. Under that ruling, Miller v. California
Miller v. California
Miller v. California, was an important United States Supreme Court case involving what constitutes unprotected obscenity for First Amendment purposes...

, a work may be deemed obscene if, taken as a whole, it lacks artistic, literary or scientific merit, depicts certain conduct in a patently offensive manner, and violates contemporary community standards. This standard was the one that was to determine the jury's calculus of guilt in the case of US vs. Karen Fletcher.

In the end, the case did not go to trial. Fletcher, a recluse living on disability payments, opted to accept a plea bargain. One of her lawyers, Lawrence Walters, stated that his client, who has agoraphobia, a fear of public places, is not capable of sitting through what likely would be a week long trial. Under the proposed plea agreement, Fletcher would avoid prison and be sentenced to a term of home detention. In the view of some legal scholars, Fletcher's guilty plea will not set any precedent related to text-only obscenity prosecutions because she is entering the plea voluntarily.

On August 7, 2008, Karen Fletcher was sentenced to five years of probation, including six months of home detention, and forfeiture of her computer after pleading guilty to obscenity charges for running a Web site that featured fictional text stories that were sexual and violent in nature.

Daniel Zehr (2004)

The case focuses on an Amish man, Daniel Zehr, who is seeking an exception to a law which requires that a photo be taken for one to receive legal residence in the United States. A lawsuit filed by the Amish is highly unusual in nature since the Amish hold a steadfast view that they should be non-confrontational. The lawsuit relates to a first amendment argument centered on freedom of religion. Zehr is a Canadian citizen. He is a member of an Old Order Amish sect that takes literally the Bible's prohibition of graven images, which is why he has refused to consent to an immigration photo.

In June 2001, Zehr entered the United States and married his wife, Ruth Anne. He has since lived in Licking Township in Clarion County, Pennsylvania
Clarion County, Pennsylvania
As of the census of 2000, there were 41,765 people, 16,052 households, and 10,738 families residing in the county. The population density was 69 people per square mile . There were 19,426 housing units at an average density of 32 per square mile...

, about 100 kilometers northeast of Pittsburgh, where he has raised two children. In December 2003, Zehr traveled back to Canada to visit his father, who had suffered a heart attack. On his return to the United States in January 2004, Zehr was stopped at the border and told that he had "self-deported" and could not return to the United States because he did not have a photo ID. As Zehr's religious beliefs prohibited photo images being taken, he stated he was willing to be fingerprinted and his lawyers argued that fingerprints are a better way to confirm a person's identity. Federal prosecutors refused the request and released a statement noting that a photo is crucial to Department of Homeland Security officials who do background checks of anyone seeking alien status or citizenship and denied such a request.

In response to the denial, Zehr filed a lawsuit that argues that the photo requirement violates their religious freedom. Through filing his lawsuit against the photo requirement, Zehr risks being excommunicated from his Amish Sect for violation of their belief in nonresistance. The case is still pending.

United States vs. John Eastman and United States vs. Albert McKelvey

In November 2005, federal prosecutors charged two veterans with falsifying their rank and award recognition. John Eastman was accused of wearing a major's
Major (United States)
In the United States Army, Air Force, and Marine Corps, major is a field grade military officer rank just above the rank of captain and just below the rank of lieutenant colonel...

 insignia at a Veteran's Day function on November 4, 2004. Albert McKelvey was accused of wearing a colonel's
Colonel (United States)
In the United States Army, Air Force, and Marine Corps, colonel is a senior field grade military officer rank just above the rank of lieutenant colonel and just below the rank of brigadier general...

 uniform at a military function on Memorial Day
Memorial Day
Memorial Day is a United States federal holiday observed on the last Monday of May. Formerly known as Decoration Day, it originated after the American Civil War to commemorate the fallen Union soldiers of the Civil War...

 2004. While both men had military experience, neither had achieved these ranks. In Buchanan's statement to the press, she stated: "To have individuals simply impersonate officers is an offense we have to address to preserve the integrity of the military service."

The cases were filed during the high point of the debate concerning the Stolen Valor Act of 2005
Stolen Valor Act of 2005
The Stolen Valor Act of 2005, signed into law by President George W. Bush on December 20, 2006, is a U.S. law that broadens the provisions of previous U.S. law addressing the unauthorized wear, manufacture, or sale of any military decorations and medals. It makes it a federal misdemeanor offense to...

. Specific new provisions in the Act included granting more authority to federal law enforcement officers, extending the scope of enforcement beyond the Medal of Honor
Medal of Honor
The Medal of Honor is the highest military decoration awarded by the United States government. It is bestowed by the President, in the name of Congress, upon members of the United States Armed Forces who distinguish themselves through "conspicuous gallantry and intrepidity at the risk of his or her...

, broadening the law to cover false claims whereas previously an overt act
Overt Act
In criminal law, an overt act , an open act, one that can be clearly proved by evidence, and from which criminal intent can be inferred, as opposed to a mere intention in the mind to commit a crime...

 had to be committed, covering mailing and shipping of medals, and protecting the reputation and meaning of military heroism medals. Neither individual received jail time. Eastman pleaded guilty to the charge of impersonating an officer and received two years probation and a $500 fine. McKelvey was ordered to pay a $2,500 fine.

United States vs. Dr. Cyril H. Wecht (2008)

Dr. Cyril Wecht
Cyril Wecht
Dr. Cyril Harrison Wecht is an American forensic pathologist. He has been a consultant in numerous high-profile cases, but is perhaps best known for his criticism of the Warren Commission's findings concerning the assassination of John F...

, a former Allegheny County, Pennsylvania
Allegheny County, Pennsylvania
Allegheny County is a county in the southwestern part of the U.S. state of Pennsylvania. As of the 2010 census, the population was 1,223,348; making it the second most populous county in Pennsylvania, following Philadelphia County. The county seat is Pittsburgh...

 coroner and medical examiner, is a prominent Democrat in the Pittsburgh area. In January 2006, Wecht was indicted by Buchanan on 84 counts of fraud and theft relating to using his public office for private gain. Wecht's lawyers argued that some of these charges involved $3.96 worth of faxes, and $1,778.55 worth of gasoline and mileage bills charged to the state. Buchanan was known for her high-profile prosecutions and investigations of prominent Democrats such as Sheriff Pete DeFazio, the mayor Tom Murphy, and a county judge, Joseph Jaffe.

Before Wecht's trial, the prosecution moved to dismiss 43 of the 84 counts without prejudice. The judge rejected the motion and dismissed the 43 charges with prejudice, which permanently bars the revival of the charges. Wecht's defense counsel argued that his prosecution was politically motivated. The initial indictment was announced in early 2006, before the November 2006 elections. During the trial, the judge barred the defense from arguing that the case was politically motivated. Although discussions about possible political motivations were not allowed during the trial, the jury foreman told reporters after the trial that some jurors began to see the prosecution as "political"."I don't know if politically motivated or not, but it seemed to me that the motivations were certainly less than pure. There was something behind it other than seeking justice."

At trial, Wecht's defense team put forth no witnesses and focused solely on cross-examining the prosecution witnesses.
Wecht's criminal court case ended in a mistrial after the jury failed to agree on a verdict on all 41 remaining counts. The prosecution immediately moved to retry Wecht, and the second trial was scheduled by the trial judge less than two months later, on May 27, 2008. However, on May 8 a three judge panel of the Third Circuit Court of Appeals issued an indefinite stay in the trial proceedings. University of Pittsburgh
University of Pittsburgh
The University of Pittsburgh, commonly referred to as Pitt, is a state-related research university located in Pittsburgh, Pennsylvania, United States. Founded as Pittsburgh Academy in 1787 on what was then the American frontier, Pitt is one of the oldest continuously chartered institutions of...

 law professor, John Burkoff characterized Buchanan's decision to attempt a re-trial as one that required perspective: "It's getting beyond embarrassing. We're nearing humiliation."

The controversial charges resulted in Former Attorney General Dick Thornburgh
Dick Thornburgh
Richard Lewis "Dick" Thornburgh is an American lawyer and Republican politician who served as the 41st Governor of Pennsylvania from 1979 to 1987, and then as the U.S...

's testimony before the U.S. House Judiciary Committee investigating the dismissal of U.S. Attorneys. Thornburgh acted as a defense lawyer for Dr. Cyril Wecht, and testified that Wecht, "would qualify as an ideal target for a Republican U.S. attorney (Buchanan) trying to curry favor with a department which demonstrated that if you play by its rules, you will advance.”

As a result of Thornburgh's testimony to the House Judiciary Committee, and the public speculation as to the merits of the case, the committee opened an investigation to review the Wecht case, in addition to the review of Governor Don Siegelman
Don Siegelman
Don Eugene Siegelman is an American Democratic Party politician who held numerous offices in Alabama. He was the 51st Governor of Alabama for one term from 1999 to 2003...

's trial. On May 5, 2008, the Department of Justice's Office of Professional Responsibility
Office of Professional Responsibility
The Office of Professional Responsibility is part of the United States Department of Justice responsible for investigating attorneys employed by the DOJ who have been accused of misconduct or crimes in their professional functions...

 (OPR) revealed that it initiated an investigation into the Wecht prosecution due to claims that the case was a "selective prosecution". On June 26, 2008, the House Judiciary Subcommittee on Commercial and Administrative Law issued a subpoena for all documents related to the case of Dr. Wecht. The Subcommittee issued the subpoena in conjunction with a request for similar documents in the case of Governor Siegelman under the heading "Selective Prosecution".

In the end, Buchanan was forced to forgo a new trial and dismiss the remaining charges against Wecht due to the new judge overseeing the case tossing the majority of the government's evidence against Wecht. In deciding to exclude the evidence, the judge referenced Fourth Amendment violations committed by Buchanan's office in the improper execution of the government's initial warrant to search Wecht's office. Through the government's voluntary decision to dismiss all charges, Wecht has been effectively cleared of all charges initially brought against him within the government's indictment.

Alleged involvement in U.S. Attorney Dismissal Controversy

Buchanan was allegedly involved in the firing of the U.S. Attorneys for not embarking on politically motivated prosecutions. The congressional committee investigation has focused on whether nine U.S. attorneys were fired by the Justice Department because they had prosecuted Republicans or did not press charges against Democrats. The controversy is known as the Dismissal of U.S. attorneys controversy
Dismissal of U.S. attorneys controversy
The dismissal of U.S. Attorneys controversy was initiated by the unprecedented midterm dismissal of seven United States Attorneys on December 7, 2006 by the George W. Bush administration's Department of Justice. Congressional investigations focused on whether the Department of Justice and the White...

.

In April 2007, Kyle Sampson
Kyle Sampson
D. Kyle Sampson was the Chief of Staff and Counselor of United States Attorney General Alberto Gonzales. He resigned on March 12, 2007, amid the controversy surrounding the firing of eight United States Attorneys in 2006 and was cleared of any criminal wrongdoing in July 2010...

, the former Gonzales aide, mentioned Buchanan's name to judiciary committee investigators during his April testimony. Sampson said that Buchanan was among the DOJ officials he consulted about which of the U.S. attorneys should be asked to resign.

In May 2007, Monica Goodling
Monica Goodling
Monica Marie Goodling is a former United States government lawyer and political appointee in the George W. Bush administration who became known in 2007 in the midst of a political controversy surrounding the firings of several United States Attorneys...

 told committee members that she knew Buchanan had discussed the firings with Sampson. Before Goodling joined the White House, Goodling was hired by Buchanan to work in the executive office. In addition to having Goodling and Sampson allege she was involved in the firing decisions, critics of Buchanan have claimed that she has embarked on several high profile public corruption cases that exclusively targeted Democratic politicians such as former Sheriff Pete DeFazio, former Mayor Tom Murphy and former Allegheny County Medical Examiner Cyril Wecht
Cyril Wecht
Dr. Cyril Harrison Wecht is an American forensic pathologist. He has been a consultant in numerous high-profile cases, but is perhaps best known for his criticism of the Warren Commission's findings concerning the assassination of John F...

.

One critic, Allegheny County Democratic Chairman Jim Burn, said that ”Her record speaks for itself. I've seen a long line of Democrats and mistakes aren't made based on party affiliation but I haven't seen anybody from the other side going though that system." Burn pointed to the fact that Buchanan’s Office refused to investigate former Republican Senator Rick Santorum
Rick Santorum
Richard John "Rick" Santorum is a lawyer and a former United States Senator from the commonwealth of Pennsylvania. Santorum was the chairman of the Senate Republican Conference -making him the third-ranking Senate Republican from 2001 until his leave in 2007. Santorum is considered both a social...

, who got a tuition reimbursement for his children by claiming a Penn Hills, Pennsylvania residency while his family spent most of its time in Virginia, as an example of an alleged double standard. "You have to ask yourself the misrepresentations of a Republican such as Rick Santorum made about his alleged residency in Penn Hills were significant," said Burn.

After learning this information, the House Judiciary Committee requested an interview with Buchanan in June 2006. Committee staff members privately questioned Buchanan. She had served as director of the Executive Office for U.S. Attorneys in 2004 and 2005 when discussions were held within the Justice Department concerning which of the country's 93 top federal prosecutors should be dismissed. Buchanan has denied any involvement in the firings. Buchanan has also denied that the prosecutions of key Democratic politicians in the Western PA area was driven by political factors.

Since the interview, the Judiciary Committee has continued its investigation. On April 17, 2008, the Judiciary Committee released a report which provided some of the details into the investigation into the US Attorney firings. The report stated it was impossible to know if Wecht's prosecution was politically motivated because the Justice Department has not turned over certain documents to committee investigators, and U.S. District Judge Arthur J. Schwab has refused to hold a hearing on Wecht's claim of selective prosecution.

Congressional campaign

Buchanan announced her candidacy for the U.S. House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...

 in Pennsylvania's 4th congressional district
Pennsylvania's 4th congressional district
Pennsylvania's fourth district is located in western Pennsylvania and includes suburbs of Pittsburgh as well as Beaver County, Lawrence County, and Mercer County....

 in 2010. She faced attorney and former Homeland Security Department official Keith Rothfus in the Republican primary for the right to challenge incumbent Democratic Congressman Jason Altmire
Jason Altmire
Jason Altmire is the U.S. Representative for , serving since 2007. He is a member of the Democratic Party.-Early life and education:...

. In opposition, two of her former targets for prosecution, Tommy Chong
Tommy Chong
Tommy Chong is a Canadian-American comedian, actor, writer, director, activist, and musician who is well known for his stereotypical portrayals of hippie-era stoners...

 and Cyril Wecht, appeared together at the International Brotherhood of Electrical Workers
International Brotherhood of Electrical Workers
The International Brotherhood of Electrical Workers is a labor union which represents workers in the electrical industry in the United States, Canada, Panama and several Caribbean island nations; particularly electricians, or Inside Wiremen, in the construction industry and linemen and other...

 Hall in Pittsburgh for a comic fundraiser for the Alleghany County Democratic Committee. In the May 18 primary, Buchanan was defeated by underdog Rothfus, losing by a margin of 67% to 33%.

External links

Biographical Information

Publications

Tommy Chong Case

Karen Fletcher Case

Daniel Zehr Case

John Eastman Case and Albert McKelvey Case

Dr. Cyril Wecht Case
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