Didn't think so. Whatever Fieger is, he ain't stupid.
Oakland County Prosecutor David Gorcyca said Tuesday he is "100% confident" that Geoffrey Fieger, Michigan's best-known trial lawyer, conspired with an associate to blackmail state Attorney General Mike Cox by threatening to reveal an affair Cox admitted last week.
But Gorcyca said he won't bring charges against Fieger or West Bloomfield attorney Lee O'Brien because he doesn't have the ammunition to make a criminal case stick.
"Without solid proof, I was reluctant to issue charges," Gorcyca said.
But yet you are 100% certain, and have decided to paint him as guilty in the press anyway.
Well, you just handed Fieger a big stick to beat you over the head with. Congratulations moron.
Legal experts said the statement was unwise and inappropriate at the least.
"Accusing someone of a crime without the evidence to back it up is a no-no," said David A. Moran, a law professor at Wayne State University. "If you can't prove it, you shouldn't say it."
The American Bar Association's canon of ethics states that a lawyer investigating a criminal matter shall not make public statements regarding any opinion as to the guilt or innocence of the accused, the evidence or the merits of the case.
The Michigan code of ethics governing lawyers says a prosecutor shouldn't make public comments if there's a likelihood that those statements could prejudice a legal proceeding.
"As a practical matter, prosecutors are seldom disciplined by the State Bar," said Moran.
Fieger can sue Cox or Gorcyca over their statements. But Fieger might have difficulty winning.
I doubt Fieger cares whether he will have difficulty winning or not. He's going to drag you guys through every possible court action he can conceive of, and he will announce it to the press every single step of the way.
Gorcyca warned Fieger and O'Brien not to gloat about his decision. He said he is asking the state's Attorney Grievance Commission to look at his findings for possible professional sanctions against Fieger and O'Brien.
In turn, Fieger promised to file complaints with the commission against Cox, accusing Cox of engaging in "unethical and felonious" acts by "making false accusations of a crime." He added: "Not a word of what Mr. Cox told you last week was true; not a word."
Fieger said Tuesday he is taking two other actions against Cox:
He has filed a complaint against him with U.S. Attorney Stephen Murphy in Detroit, asking for an investigation to see whether Cox violated Fieger's civil rights, and the Bank Secrecy Act, by requesting a seizure of the Fieger law firm's bank statements and canceled checks in June.
He also plans to ask Gov. Jennifer Granholm to begin an independent investigation "into the financial and personal connections" between Cox and Markman to determine whether the court's integrity has been compromised.
And next we will hear that he will file...something...against Gorcyca. Doesn't matter if he wins. Staying in the limelight will be "winning" to him.
Stay tuned.