In 2012 Kent Sorenson of Iowa was allegedly bribed by agents of the Ron Paul campaign to endorse Ron Paul. The agents of the Ron Paul campaign identified have always been Dimitri Kesari and Jesse Benton.
Years later, an indictment came down alleging a criminal conspiracy between Kesari, Benton and John Tate. All three have strong ties to Virginia, and obviously the liberty movement.
On Friday October 9, 2015 Judge John A. Jarvey of the U.S. District Court for the Southern District of Iowa dismissed all counts against John Tate and four of five counts against Jesse Benton on the grounds that the prosecution had blatantly violated agreements between Tate and the government and Benton and the government.
Most of the underlying details are filed under seal and unavailable to the general public. Nonetheless, the ruling of Judge Jarvey provides some insight to what really happened.
Proffers
Seeking to cooperate with the federal investigation both Tate and Benton testified in the form of proffers for federal investigators. Proffers are utilized when a party is not being granted immunity but they believe they have likely done nothing wrong. Proffers are governed by proffer agreements that have generally similar terms from case to case. These particular agreements barred usage of the proffered testimony except in instances where they were being prosecuted for making false statements (in the proffer), perjury(in the proffer), or obstruction of justice(in the proffer).
Misuse:
It turns out the prosecutors used proffered statements before the Grand Jury in Iowa in order to charge Tate and Benton with:
- engaging in a conspiracy to submit false campaign finance reports
- submitting false campaign finance reports
- submitting false campaign finance reports
- submitting false campaign finance reports
Does anyone see a count alleging false statements, perjury or obstruction of justice IN THE PROFFER?
Neither did Judge Jarvey.
So the prosecutors broke their deals, deals that would not have been made, if not for the promise of limited use.
So what is the penalty for the government’s improper use of proffered testimony to obtain indictments?
Dismissal of Counts 1-4 for both Tate and Benton. Tate is now in the clear. Benton is still being prosecuted for a single count 5. Kesari is being prosecuted for counts 1-4 and 6.
Although this prosecution has been brewing for years, prosecutors took this a step too far. Tate should never have been charged, Benton was always likely in the clear, and it is unclear if Kesari will go down.
Why:
So who is the driving force behind this political prosecution where agreements are blatantly broken?
Richard Pilger, a man tied heavily to Lois Lerner’s IRS targeting of conservative groups.
I may reveal underlying details as I obtain them, if legally allowed to do so.
Congratulations to Tate and Benton, and good luck avoiding the wrath of our politically motivated Justice Department going forward.
The ruling:
