I have said for years that cops and prosecutors lie and are allowed to get away with it, and that the Third Branch is as political a branch of government as any other, and maybe more so because it can hide behind the arrogant pretense that they are not political, and now one series of exchanges by a Ninth Circuit Court of Appeals panel ratifies and reinforces my long-held positions on those topics.
As Judge Wardlaw says toward the end of the attached video: “They [state courts] say…the prosecutor lied on the stand and his lies bolstered the credibility of the jailhouse snitch….but it didn't prejudice the trial. But that's condoning it. .... And I understand why they do that; they are elected judges and they are not going to be reversing things. …. It condones it by not reversing the conviction on that basis….” Wardlaw, J.
Furthermore, "They have state judges [California] who are willing to look the other way." Kozinski, J. [re prosecutors lying on the stand and suborning perjury by their witnesses.]
It is hoped that prospective jurors study this example of prosecutorial and judicial malfeasance [or worse] and factor it in when they are sitting on juries. If it looks as though the stuff coming before you is tainted, it probably is, and you have the power to do something about it. So do so.
And I hope the state and federal legislatures come finally to realize the evil spawned from judicial, prosecutorial, and constabularial immunities and legislatively reverse the judicial holdings that manufactured that unhealthy doctrine: it is not of constitutional origin, because the Framers would have had none of it; it was concocted from whole cloth by the judiciary to protect itself, and then it prosecutorial patrons, and then its constabularial pals, and it is anathema to the founding principles of this Republic.
Download, listen, weep, learn, and act.