From time to time I have provided updates regarding the ongoing persecution/prosecution of former DHS Director Nick Lyon, former Governor Rick Snyder by Attorney General Dana Nessel related to the Flint water crisis. I have said that this is a politically motivated prosecution and it has no business in criminal case, especially since the civil case has already settled the case for more than $600 million. Previously, I have shared information provided to me by former DHS Director, Jim Haveman. Today I share a email from former Lieutenant Governor Dick Posthumus. Here is his letter.
Good morning -As you all are aware, Rick Snyder and members of his administration continue to fight back against the politically motivated charges the Michigan Attorney General’s office has brought against them. The prosecution has made one mistake after another in terms of how the investigation and evidence has been handled. In recent weeks, a light has been shone on the state’s egregious handling of the case and its hypocrisy.·
When Rick and others were initially charged, the state attempted to impose a $175,000 cap on the legal fees. The cap was completely inadequate based on the complexity of the case, the millions of documents the state collected through the investigation and the number of defendants involved. Earlier this month, Ron Fonger at MLive reported that the state is now willing to remove the cap on the maximum payout and has proposed a revised contact for the legal teams to review – a significant concession from Michigan Attorney General Dana Nessel, who initially promised these cases would be managed in an effort to minimize taxpayer costs. Snyder’s legal team and council for other defendants are hopeful an agreement on legal fees can be reached soon with the state.·
Shortly after Fonger’s story was published we were reminded, once again, of the hypocrisy from the state throughout this process. During her campaign, Nessel was highly critical of how former Republican Attorney General Bill Schuette handled his Flint investigation, saying he was “farming out” the prosecution through the use of private counsel. Yet, under Nessel’s direction, the new team handling the criminal case is currently paying private counsel roughly $300,000, according to The Detroit News. To add to the inappropriateness, Nessel has hired her former business partner, Chris Kessel, to serve on the prosecution team as well.·
More recently, on Aug. 10, Nick Lyon’s legal team appeared before Judge Kelly for a hearing related to the state’s request for an amended protective order. While the procedural nuances of this hearing are fairly complex, the main message related to the state’s repeated due process and attorney-client violations is eye-opening and alarming. Lyon’s response, filed by Chip Chamberlain, clearly lays out the issues, which include: 1) Failure to use a taint team during the initial investigation 2) The trove of privileged communications in the state’s possession that have come to light even though the legal teams only have seen a fraction of the documents. 3) The state’s improper decision to produce sensitive and highly-confidential mediation documents that were at the center of the settlement of Detroit’s historic bankruptcy case.
Snyder’s legal team agrees with the arguments outlined in Lyon’s response and will soon file a similar response with Judge William Crawford. But there is a bigger issue here that goes beyond these nine defendants: If the state of Michigan is willing to violate the due process rights of defendants in a high-profile case like this, what is it capable of doing to the average Michigan citizen? That’s why everyone – all Michigan residents – should care about what’s happening in this case. For those of you who do not subscribe to MLive and/or The Detroit News, I have attached PDF versions of the articles mentioned above. We encourage you to read them and share as you see fit. Thank you for your time reading this update.
Rick and his legal team continue to vehemently defend his actions in public office. If you have a message you’d like me to share with him or his family, I’m more than happy to pass those along. Thanks, Dick
Whitmer drops cap on legal fees for Snyder, others charged with Flint water crimesFLINT, MI — Seven months after Gov. Gretchen Whitmer capped how much Michigan taxpayers would pay in criminal defense fees for current or former state employees charged in connection with the Flint water crisis, the spending ceiling has been lifted.https://www.mlive.com/news/flint/2021/08/whitmer-drops-cap-on-legal-fees-for-snyder-others-charged-with-flint-water-crimes.html
Despite Nessel’s criticisms, Flint prosecution team used private lawyersMichigan Attorney General Dana Nessel’s office is coming under fire for paying roughly $300,000 to five private lawyers for their work on the Flint water investigation and prosecution.https://www.detroitnews.com/story/news/local/michigan/2021/08/06/despite-nessels-criticisms-flint-prosecution-used-private-lawyers/5468026001/
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Orchid of the Day: Miggy, for hitting his 500th homerun against the Toronto Blue Jays on Sunday. It tied the game for the Tigers which led to an extra inning victory. 3,000 hits are not far behind. If he makes 3,000 hits and 500 homeruns, he will be one of only 7 players to have achieved that goal.
Onion of the Day: Dana Nessel
Quote of the Day: “I forgot how much I love this place.” my son Christopher, who was able to spend time with us in Petoskey during the last two weekends as he brought his daughter Alexis back and forth to the “Y” camp in Indian River.