The Washington Post

 

Saturday, January 24, 2004

 

Pg. A04

 

Federal Judge Scolds Justice Dept. Lawyers

 

Carol D. Leonnig

 

A furious federal judge ordered Justice Department lawyers yesterday to explain why they should not be held in contempt of court for telling subpoenaed witnesses not to testify before him in a class-action discrimination lawsuit.

 

Three Department of Agriculture employees were subpoenaed and scheduled to answer questions yesterday in court about whether top USDA officials had acknowledged any discrimination against Native American farmers when providing loans and assistance. A group of Native American farmers sued the USDA in 1999, but the case has been bogged down as the Justice Department unsuccessfully sought to appeal U.S. District Judge Emmet G. Sullivan's rulings that the farmer group qualified to file the broader class-action case.

 

Justice Department lawyers representing the Agriculture Department acknowledged to Sullivan that they told employees they did not have to come to court because they believed such testimony was improper.

 

"What gives you the authority to instruct witnesses not to comply with a subpoena of this court?" Sullivan asked Justice Department lawyer Carol Federighi. "You put yourself at significant risk of being held in contempt."

 

Federighi explained that the subpoenas appeared to be "a misuse of the court process."

 

"I'll tell you what: You nor anyone else better ever instruct a witness not to appear," Sullivan said. "You understand me?"

 

Sullivan told the parties that in his 20 years as a judge he had never heard of government lawyers obstructing the testimony of witnesses, and he gave the department 30 days to defend its actions in writing. Justice Department lawyers declined to comment yesterday.

 

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