Bench Memos

Law & the Courts

Cert Petition in Moonlight Fire Case

Three years ago, in litigation arising out of the Moonlight Fire in California in 2007, my Bench Memos colleague Jonathan Keim highlighted (here and here) strong evidence that state and federal prosecutors committed a fraud on the court by failing to disclose to defendants significant exculpatory information.

Former Solicitor General Paul D. Clement has now filed a certiorari petition on behalf of Sierra Pacific Industries, and ten state attorneys general have filed an amicus brief in support of the petition. This Weekly Standard article by Joel Engel (author of a book on the Moonlight Fire saga, titled Scorched Worth: A True Story of Destruction, Deceit, and Government Corruption) and this op-ed by Kathleen Parker provide further insight.

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