2018 - Investigative Summary 9

Investigation of Alleged Improper Rebuttal Argument

This investigation — which found reckless professional misconduct — focused on a district court’s criticism of a rebuttal argument made by a Department attorney.  During the rebuttal argument, the Department attorney made burden-shifting comments; gave his personal opinion on the merits of the case; and vouched for the credibility of a government witness. 

OPR concluded that the Department attorney acted in reckless disregard of his obligations not to offer his personal opinion on the credibility of the witnesses and the merits of the case.  OPR also concluded that the Department attorney acted in reckless disregard of his obligations when he improperly invoked the integrity of the United States in arguing that the jury should find the defendants guilty of the charged crimes.