(Part 1 here.)
A Despicable Prosecution
It is an unpleasant thought that an American citizen, any citizen, could be singled out for prosecution because his or her influence posed a threat to certain individuals in power.
In 2013, such an assertion would be viewed as utterly absurd. But in 2020, Americans seem to have resigned to its shocking reality.
A Politically Weaponized Justice Department
The weaponizing of the United States Department of Justice as a bulwark against those who opposed the Obama Administration was a reversal of the moral integrity of the United States.
In 2009, Democrat strategist, James Carville, wrote a book titled, “40 More Years: How Democrats Will Rule the Next Generation.”
In a cringe worthy display of shamelessly exuberant political “fortune telling,” one must ask why was he so confident?
Some believe that the reason for Carville’s overconfidence was due to an advanced “fix.”
A 40-Year Political Fix
Destroy the lives of as many influential Republicans as possible – remove them from the voter and donor pool. But, of course, make such attacks look legit through event coordination, such as justifying the prosecution on the great crash of 2008.
America has not recovered from the injury that the wayward Department of Justice and few others care to look more deeply.
“Justice’s” Use of Saboteurs
It would be irresponsible, however, to ignore and fail to report on the Obama Administration’s coordinated placement of appeal saboteurs by the Department of Justice into those cases it needed to preserve on appeal and also to deflect scrutiny from misdeeds during the investigation and trial.
Such saboteurs are appellate lawyers who, in violation of their duty, clandestinely aid the government in exchange for curried favor with the prosecution. The “favor” is currency that can be used for other purposes and circumstances at a later date.
It happens more frequently than we would like to admit.
According to Bloomberg law, Sabotaging an appeal is actually quite simple.
- Accidentally “lose” the client’s file.
- Conveniently miss phone calls and ignore emails.
- Lie to client about work being performed when it is not.
- Mangle introductions in briefs and at hearings.
- Bungle the standard of review.
- Failing to correctly state the facts, law, or by allowing the prosecution’s lies to go unchallenged.
There are other ways in which an attorney can sabotage his client if he feels the upside in curried favor outweighs the risk of being caught.
Very few saboteurs are caught because the disciplinary process with the State Bar is lengthy (years), onerous, and biased in favor of the Bar member, the accused lawyer. The victim client usually runs out of steam and/or money and gives up.
However, such saboteurs must be called out, formally accused, and held accountable.
Meet Legal Saboteur, Gabriel J. McCarthy
“Called out, formally accused, and held accountable” is precisely what Matthew D. Hutcheson did with his malfeasant lawyer, Gabriel J. McCarthy.
Gabriel J. McCarthy is an Idaho family-law attorney turned overnight self-proclaimed guru criminal justice attorney.
As of this writing, Mr. McCarthy’s website, GabrielMcCarthy.com, has mysteriously disappeared.
The saga with Mr. McCarthy began when he was appointed to be Hutcheson’s attorney in 2013. Court records show that McCarthy did not contact his client, Mr. Hutcheson, for five months after his appointment and only did so after being ordered by the court of appeals for the ninth circuit.
In 2014, Mr. Hutcheson sought help from the prestigious San Diego law firm, Kennedy &Souza, APC.
McCarthy’s Obstruction of Sixth Amendment
According to affidavits filed with the court by an attorney with Kennedy & Souza, Mr. Hutcheson sought help because McCarthy refused to challenge the illegal forfeiture of specific assets to which Hutcheson was entitled to use for his defense as guaranteed by the Sixth Amendment. At that time, a motion for Writ of Certiorari had been filed with the United States Supreme Court on a similar case.
It seems that it was not in McCarthy’s agenda to actually help Hutcheson.
The $200 Million Dollar Secret
There is another earth-shattering revelation from those attorney affidavits about the existence of the investment which the government prosecuted Hutcheson for having “stolen and lost.”
The attorney affidavit states that while McCarthy was Hutcheson’s appeal counsel, a vetted buyer stepped forward with an offer to purchase Save America™ (the investment) for three times the principal investment, or approximately for fifteen million dollars. (According to court records, an insurer offered two hundred million for Save America™ in 2017.)
The existence of the investment presented quite the predicament for the prosecution.
The logic is simple:
If the investment exists, then it was not lost.
If the investment was not lost, then the prosecution of Hutcheson was a fraudulent prosecution.
Was it the sole reason McCarthy was appointed? To make sure the truth stayed concealed?
It appears to be the case.
The Mysterious “Lost” Legal File
In May 2015, McCarthy appeared before the appellate panel of the United States Court of Appeals for the Ninth Circuit and sabotaged Hutcheson’s hope of winning back his freedom and reputation.
McCarthy proceeded without Hutcheson’s legal file, claiming in a later disciplinary hearing that he “lost it.” (McCarthy has yet to reveal where or how he lost Hutcheson’s legal file.) Therefore, he was conveniently “unable” to argue the reversible strengths of Hutcheson’s case.
Hutcheson’s appeal was denied.
Hutcheson did not know about his case file being “lost,” and therefore was unable to explain this fact in his self-filed motions with the court for reconsideration.
Finally, the Truth Comes Out
After nearly two years of torment at the proverbial hand of Gabriel J. McCarthy, an exasperated Hutcheson demanded to know by email why McCarthy had refused to help him.
McCarthy’s response fills in the remaining blanks.
On April 22, 2015, McCarthy responded by email to Hutcheson’s demand.
The email states that someone in the U.S. Attorney’s office was, “a close friend,” who “warned” McCarthy not to defend Hutcheson, tacitly ordering McCarthy to sabotage the appeal.
The “warning” should have been reported by McCarthy to the court and State Bar. Instead, to further curry favor with his “close friend” in the prosecutor’s office, McCarthy chose to conceal the improper interference.
Hutcheson replied to McCarthy with the following email:
“Ah! The truth finally comes out! The U.S. Attorney’s office is putting pressure on you… now your behavior is starting to make sense.”
Hutcheson then emailed his family the following:
“McCarthy disclosed to me that the U.S Attorney’s office tried to intimidate him.”
In one of the last email messages Hutcheson received from Gabriel J. McCarthy, apparently revealing his awareness that his intended misconduct will likely result in liability to him, McCarthy states, “I don’t have much interest in defending a malpractice claim, but that is your prerogative.”
It appears that McCarthy felt that the favor gained with the prosecutor exceeded the potential risk.
McCarthy Meets Two Mrs. Hutchesons
On May 28, 2015, Hutcheson’s wife submitted a detailed thirty page formal complaint to the Idaho State Bar against Gabriel J. McCarthy, along with McCarthy’s confession of government interference as a principal exhibit.
The Idaho Bar immediately began an investigation which lasted four years.
On June 26, 2019, a hearing was held by an empaneled disciplinary tribunal to learn of McCarthy’s misdeeds.
Hutcheson’s mother gave testimony at the hearing under oath.
“Hello, my name is Carol Hutcheson. I am the mother of Matthew Hutcheson. I thank you for the opportunity to offer a brief oral statement supporting my son’s complaint against Mr. Gabriel McCarthy. I have been deeply wounded by the actions of the Department of Justice in our country. Today I am given hope by this hearing. Thank you.
You might be asking yourself why a mother is so involved in her son’s case. You are aware of inmates who were falsely accused and finally exonerated. In most of those cases, it took the family to help bring about justice. I am one of those mothers who continues to fight for my son who has been unjustly and falsely accused, convicted, and incarcerated. He is an innocent man.
May I first leave a witness to the sterling character of my son. He is a good person and always has been. In his youth he was an outstanding young man, a high school football hero, an Eagle Scout, no drug use, no police record. In his adult years he was very hard-working, well-educated, and creative in solving complex societal problems. He is a father of four outstanding children, a happily married man who treats his wife with respect and love, and a friend to the less fortunate. I know the good he has accomplished in prison by helping others. I have received letters from those whom he has helped. I have been in almost daily contact with him through his trial and incarceration and I know what has happened from the beginning. I know the frustration and pain he felt when Mr. McCarthy deliberately abandoned him. Matthew’s emails to us and to Mr. McCarthy, of which he sent us a copy and which we have saved, attest to Mr. McCarthy’s misdeeds. As a participant and a witness, I can also testify that McCarthy has caused great harm and emotional and financial stress to all of Matt’s family.
The purpose of an appeal is to bring to light accusations not properly tried, to point out evidence overlooked, not understood, to correct falsehood, and to right the wrong. But when Mr. McCarthy came onboard, he opted not to fight the gross falsehoods and inequities present in the original trial. He did not bother to communicate, did no investigation, did not seek testimonies of qualified accountants or ERISA experts, and refused to explore the truthfulness of the ITR’s. He did not answer emails or keep appointments for phone calls previously arranged. He told lie after lie to Matt, to his wife, and to me. He even had his secretary lie for him. We were promised that he was diligently working and that the appeal was almost ready and would be filed on time. In the end, he purposefully did not file the appeal. He knowingly neglected his client, misled him, failed to communicate, and ultimately betrayed him. During this time, he fraudulently accepted fees for service not given. Mr. McCarthy’s behavior was all a giant charade and the evidence against Mr. McCarthy is glaring. As a result of his actions, Matt remains in prison for something he is not guilty of committing. Mr. McCarthy knowingly and willfully violated Matt’s constitutional civil liberties.
I thank you again for holding this hearing and for giving me the opportunity to share my experiences and feelings. I feel this is the beginning of justice at last.”
McCarthy Meets a Real Attorney
Hutcheson’s mother was not the only one to testify. An attorney with the Kennedy & Souza law firm also detailed McCarthy’s misdeeds, including deliberately thwarting Hutcheson’s use of certain assets to pay for his legal defense. The attorney also explained how McCarthy’s sabotage caused prejudice against Hutcheson with multiple courts, resulting in a permanent order preventing the sale of the investment valued at two hundred million dollars.
The investors were hurt by McCarthy, not Hutcheson. It is time they know the truth.
The Idaho Supreme Court ordered the Idaho State Bar to produce a full copy of its investigation into Gabriel J. McCarthy.
The Real Evidence
From that body of evidence, which went unchallenged by McCarthy, it was discovered that:
- On November 3, 2020, the Idaho Supreme Court publicly rebuked Mr. McCarthy for violating the Bar’s professional standards of conduct, but stopped short of wading into the still unresolved political controversy that casts a dark cloud of suspicion over the entire proceedings, including the botched investigation into Hutcheson (FBI agent later committed suicide), the bungled trial which some legal observers believe was based nearly solely upon suborned perjury and misrepresented evidence, and the mind boggling 17.5 year sentence that screams injustice and political meddling for a non-violent first-time offender. The average sentence for ordinary white-collar cases such as this one is approximately four years.
- Mr. McCarthy accidentally “lost” Hutcheson’s legal file containing thousands of pages of exculpatory evidence which would have overturned the trial conviction and exonerated Hutcheson.
- Mr. McCarthy failed to notify Hutcheson or his family of the lost file to request a copy. Instead, McCarthy led Hutcheson and his family to believe that he had the exculpatory documents and was preparing a rebuttal brief to the court. During a recorded telephonic hearing, McCarthy admitted to the Idaho Bar disciplinary committee that he had lied to Mr. Hutcheson about his intentions from August 2013 through May 2015.
- Mr. McCarthy appeared before the United States Court of Appeals in May 2015 without Hutcheson’s defense file and without disclosing to the court that he had “lost” Hutcheson’s file and proceeded to “wing it,” or deliberately sabotage it as McCarthy is accused of doing, either way, prejudicing Hutcheson before the court.
- That a crime was not even committed. Investors now know that but for McCarthy’s sabotage, they would have profited by now.
- President Obama’s Inner Circle Implicated. Matthew D. Hutcheson was a trusted policy adviser to the United States Senate and to the United States House of Representatives from 2007 to early 2012. During that period, Hutcheson launched a jobs-creating enterprise with a healthcare component called Save America™. Records obtained by the Idaho Bar Association during its four-year investigation show that the Obama Administration was not happy about the healthcare component of Hutcheson’s solution, fearing that it could trip-up the fledgling “ObamaCare.”
Most troubling is the revelation from those documents that several individuals in Mr. Obama’s inner circle appear to have played a direct role in framing, extorting, and planning Hutcheson’s incarceration long before he was indicted. Text messages between Hutcheson and an Obama operative named Alan Rubin, from New York, show threats of indictment if Hutcheson did not pay a $15,000 bribe to the Obama campaign and to a charity operated by Obama adviser, David Axelrod. Investigation documents state that former US Attorney General, Eric Holder, and Obama strategic advisers, David Axelrod and David Plouffe, knew of this extortion scheme and played a role in it.
Hutcheson is Quite Exonerated
Matthew D. Hutcheson was convicted by malicious twisting, misrepresentation, or omission of plain, easy to understand facts.
To prevent that perversion from becoming public knowledge, the government managed, somehow, to have its saboteur, Gabriel J. McCarthy appointed as his appeal counsel.
McCarthy himself admits that he intended to sabotage Hutcheson under pressure by the U.S. Attorney’s office. He even said, essentially, “I know what I did. So sue me.”
In the meantime, the State Bar’s investigation cleanly exonerates Matthew D. Hutcheson.
Yet he is in his eighth year of federal prison.
McCarthy’s Law License
The Idaho Supreme Court decided to not disbar Mr. McCarthy, preventing him from the practice of law, but rather publicly announced its disciplinary finding and rebuke on the Idaho State Bar website found here:
Matthew D. Hutcheson was unreachable for comment prior to publication. Story facts were obtained exclusively from publicly available documents.
For more information, contact the California law firm of Kennedy & Souza, APC; ℅ John Millar, Esq., 7964 Arjons Dr., Suite I, San Diego, CA 92126
Idaho State Bar
P.O. Box 895
Boise, ID 83701