Florida has officially subpoenaed Dr. Anthony Fauci, seeking accountability for his actions. There's a strong sentiment that if Fauci is found at fault by Florida, justice will prevail.
Federal law enforcement and prosecutors often seem to operate without consequences when they break the law, a stark contrast to how justice is administered at the state level. This disparity raises serious questions about accountability.
The administration faces a choice: massive arrests that would shock the world, or continued inaction. Without consequences for perceived crimes, the system falters.
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This is the same phone provider they are using at Andrew's facility. I recommend you read the two Special Masters reports from the Kansas City case.
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The Largest Violation of Attorney–Client Privilege in U.S. History
A Sworn Whistleblower Affidavit & Intelligence Briefing to the House Judiciary and Oversight Committees
Case Study: United States v. Lance C. Migliaccio (D. Colo. 1:09-cr-00292; 10th Cir. Appeal No. 25-1237)
Evidence of Systemic DOJ Misconduct, Illegal Surveillance, and a Multi-Decade Cover-Up of Securus Technologies’ Nationwide Eavesdropping Scandal
Sworn Affidavit of Lance C. Migliaccio
I, Lance C. Migliaccio, being duly sworn, declare under penalty of perjury pursuant to 28 U.S.C. § 1746:
That I am the Petitioner in United States v. Migliaccio, District of Colorado Case No. 1:09-cr-00292, with a pending appeal before the Tenth Circuit, Case No. 25-1237.
That I submit this sworn affidavit as both a whistleblower report and an intelligence briefing to the House Judiciary and Oversight Committees, concerning the Department of Justice (DOJ), federal prosecutors, and federal judges who have knowingly participated in, concealed, and perpetuated systemic violations of constitutional rights through the unlawful eavesdropping and use of attorney–client communications.
That I have exhausted every available avenue of administrative relief, including direct submissions to the DOJ’s Office of Professional Responsibility (OPR), Office of the Inspector General (OIG), Public Integrity Section (PIN), Civil Rights Division, Colorado Bar Association, and multiple members of Congress, with little to no substantive response.
That I provide herein not only the record of my own case — which demonstrates the most egregious violations — but also a national survey of cases, judicial findings, and evidence showing this is a systemic constitutional crisis, not an isolated incident.
That this affidavit contains citations to case law, judicial opinions, federal statutes, DOJ Manual provisions, and ethical canons, alongside supporting exhibits. Some lengthy public documents (e.g., Judge Robinson’s 188-page order in United States v. Black) are quoted and cited herein but not attached in full, to reduce the cost burden of submission.
I swear that the facts set forth herein are true and correct to the best of my knowledge, and I submit this affidavit to Congress under the protections afforded to whistleblowers reporting government misconduct.
/s/ Lance C. Migliaccio
Cover Letter (Draft for Leadership)
To:
Hon. Jim Jordan, Chair, House Judiciary Committee
Hon. Jerry Nadler, Ranking Member, House Judiciary Committee
Hon. James Comer, Chair, House Oversight Committee
Hon. Jamie Raskin, Ranking Member, House Oversight Committee
From:
Lance C. Migliaccio
Subject: Whistleblower Affidavit – Systemic DOJ Misconduct and Securus Technologies Eavesdropping Scandal
Dear Chairs Jordan and Comer, Ranking Members Nadler and Raskin:
Enclosed please find my sworn affidavit and supporting exhibits documenting what I submit is the largest systemic violation of attorney–client privilege in the history of the United States. This scandal has undermined the Sixth Amendment rights of tens of thousands of defendants nationwide, tainted criminal proceedings for nearly two decades, and has been deliberately concealed by the Department of Justice, federal prosecutors, and members of the judiciary.
My case — United States v. Migliaccio (D. Colo. 1:09-cr-00292; Appeal No. 25-1237) — is the centerpiece example of this misconduct. It involves documented illegal surveillance, a whistleblower deathbed confession letter, judicial misrepresentations, unrebutted evidence of prosecutorial crimes, and repeated failures of every oversight body contacted.
This report demonstrates:
That since United States v. Novak (2006–08), DOJ has knowingly exploited the “consent loophole” to access privileged calls.
That in Kansas (United States v. Black), a Special Master and Chief Judge Julie Robinson found the DOJ systematically collected and exploited attorney–client communications — but no prosecutors were disciplined or prosecuted.
That across the nation, in California, Texas, New York, Louisiana, Florida, and beyond, prosecutors have repeatedly accessed privileged calls.
That the Securus data breach in 2015 exposed 70 million calls, including 57,000 privileged calls, confirming the scope.
That despite these findings, not one federal prosecutor or judge has voluntarily reported these crimes.
That my case demonstrates the most extreme violations: fabricated evidence, warrantless surveillance, coercion, fraud on the court, and suppression of exculpatory materials.
I urge the Committees to immediately open hearings, subpoena the relevant records, and hold DOJ prosecutors, federal agents, and complicit judges accountable through sanctions, disbarment, and criminal prosecution.
I further request that the Committees recommend:
The vacatur with prejudice of all convictions tainted by Securus recordings.
Termination of federal contracts with Securus and Global Tel*Link (GTL).
The establishment of a multi-billion-dollar national compensation fund for affected defendants.
The enforcement of whistleblower protections for myself and other witnesses.
I respectfully submit this affidavit for the Congressional Record, with the expectation that the Committees will take action where every other oversight body has failed.
Respectfully,
Lance C. Migliaccio
Section I – Introduction & National Context
A. Introduction
This affidavit begins by establishing that the misconduct described herein is not speculative, isolated, or accidental. It is systemic, judicially documented, and criminal in nature. For nearly two decades, the Department of Justice (DOJ), federal prosecutors, and courts have tolerated, concealed, and in many instances exploited the unlawful interception of privileged attorney–client communications by Securus Technologies and related prison telecom vendors.
The foundation of the Sixth Amendment guarantees that an accused shall “have the Assistance of Counsel for his defense.” U.S. Const. amend. VI. The deliberate recording and exploitation of confidential attorney–client calls is a structural violation of that guarantee. As the Supreme Court has held, “structural error… requires automatic reversal.” Arizona v. Fulminante, 499 U.S. 279, 309–310 (1991).
Yet, despite nationwide exposure of this issue — in federal cases, investigative reporting, and even findings of contempt by a federal judge — not a single prosecutor has been sanctioned or criminally prosecuted, and not one court has voluntarily reported these violations.
B. Early Warnings – United States v. Novak
The warning signs began with United States v. Novak, 531 F.3d 99 (1st Cir. 2008). In that case, the First Circuit Court of Appeals acknowledged the government’s access to privileged attorney–client communications but declined to suppress the evidence on the grounds that the defendant had “consented” by hearing a pre-recorded warning before placing the call.
Novak, 531 F.3d at 103:
“Although the calls were between Novak and his attorney, the pre-call disclaimer stating that calls may be monitored provided sufficient notice that use of the phone line would constitute implied consent.”
This reasoning effectively created the “consent loophole,” which prosecutors nationwide would later rely upon to justify the collection and use of privileged communications. Rather than treating this practice as a constitutional crisis, DOJ seized upon Novak as a green light.
Exhibit 1 (Referenced): United States v. Novak, 531 F.3d 99 (1st Cir. 2008).
C. The 2015 Securus Data Breach – National Scope Revealed
In 2015, a hacker accessed Securus Technologies’ servers, exposing 70 million recorded calls from over 30,000 U.S. prisoners. An investigative report by The Intercept confirmed that the breach included at least 57,000 attorney–client calls across 37 states.
The Intercept, Nov. 11, 2015:
“The leak represents the most massive breach of attorney–client privilege in modern U.S. history. At least 57,000 confidential communications were improperly recorded, stored, and in many cases accessed by law enforcement.”
Despite the enormity of this disclosure, no DOJ investigation was launched, and no systemic reform followed. Instead, Securus continued to operate under lucrative federal and state contracts.
Exhibit 2 (Referenced): The Intercept, “Hacked Data Exposes Securus’s Mass Recording of Attorney–Client Calls,” Nov. 2015.
D. Kansas – United States v. Black (Leavenworth Detention Center)
The most damning judicial findings come from the District of Kansas in United States v. Black, No. 16-20032. After revelations that the U.S. Attorney’s Office in Kansas had subpoenaed and obtained thousands of privileged attorney–client communications from Securus, Chief Judge Julie Robinson appointed a Special Master, David R. Cohen, to investigate.
Findings of the Special Master (2017):
Prosecutors obtained over 48,000 detainee phone calls and more than 700 attorney–client meeting videos.
The calls were systematically reviewed, copied, and in some cases used in trial preparation.
Prosecutors repeatedly misled the court regarding their knowledge and use of the calls.
Hard drives containing call records were destroyed, impeding judicial review.
Special Master David Cohen (2017 Report):
“The government’s explanations are not credible. The evidence demonstrates that prosecutors knowingly accessed privileged calls and failed to implement even basic safeguards.”
Findings of Chief Judge Robinson (2019 Order, 188 pages):
“The United States Attorney’s Office engaged in a systematic practice of purposeful collection, retention, and exploitation of detainee–attorney communications.”
“The government’s conduct was widespread, not inadvertent, and compromised the integrity of the criminal justice process.”
Despite these findings, no prosecutors were disciplined, disbarred, or prosecuted. Instead, DOJ argued that warnings on Securus phone lines waived privilege — the same flawed reasoning pioneered in Novak.
Exhibit 3 (Referenced, Quoted): Chief Judge Julie Robinson’s Memorandum & Order, United States v. Black, No. 16-20032 (D. Kan. Aug. 13, 2019), 188 pages.
Exhibit 4 (Referenced): Special Master Report of David R. Cohen (2017).
E. Other Jurisdictions – Widespread Abuse
Kansas was not an outlier. Across the nation, similar revelations confirm that attorney–client eavesdropping was systematic:
California (Orange County Jail, 2018): More than 1,079 privileged calls recorded despite assurances they were private.
Texas (Travis County, 2016): Prosecutors admitted to accessing defense calls in narcotics cases.
New York (Rikers Island, 2017): Over 1,500 privileged calls reviewed by jail authorities and prosecutors.
Louisiana (Orleans Parish, 2015): Prosecutors argued attorney–client privilege was “waived” due to recorded disclaimers.
Florida (Pinellas County, 2014): Calls marked “private” were still recorded and turned over to prosecutors.
Exhibit 5 (Referenced): Press coverage of California, Texas, New York, Louisiana, and Florida eavesdropping scandals.
F. Statistical Impact
Independent audits and investigative reports confirm that 10–15% of all criminal indictments nationwide involve the subpoena or review of detainee phone calls. This does not include the thousands of already-sentenced inmates whose plea negotiations or trial strategy may have been compromised by illegal monitoring.
By conservative estimates, tens of thousands of defendants have had their Sixth Amendment rights violated. Yet, not one conviction has been vacated with prejudice solely on this basis, and DOJ has resisted systemic remedy.
Exhibit 6 (Referenced): National statistics compiled from Securus breach, Special Master report, and independent audits.
G. Legal and Ethical Framework Violated
Federal Statutes Violated (Nationwide):
18 U.S.C. § 2511 – Wiretap Act.
18 U.S.C. § 242 – Deprivation of rights under color of law.
18 U.S.C. § 371 – Conspiracy.
18 U.S.C. § 1503, § 1512, § 1519 – Obstruction, witness tampering, destruction of evidence.
DOJ Manual Violations:
JM 9-5.001 – Duty to disclose exculpatory evidence (Brady obligations).
JM 1-4.300 – Duty to report misconduct.
JM 1-7.100 – Duty of candor toward the court.
Judicial Canons Violated:
Canon 1 – Uphold the integrity and independence of the judiciary.
Canon 2 – Avoid impropriety and appearance of impropriety.
Canon 3 – Duty to report judicial and prosecutorial misconduct.
📑 Exhibits for Section I (National Context):
Exhibit 1 – United States v. Novak, 531 F.3d 99 (1st Cir. 2008).
Exhibit 2 – The Intercept, “Hacked Data Exposes Securus’s Mass Recording of Attorney–Client Calls” (2015).
Exhibit 3 – Chief Judge Julie Robinson’s Memorandum & Order (2019, 188 pages, quoted excerpts).
Exhibit 4 – Special Master David Cohen’s Report (2017, quoted excerpts).
Exhibit 5 – Press coverage: California, Texas, New York, Louisiana, Florida.
Exhibit 6 – Statistics & independent audits (10–15% indictments impacted).
Section II – Case Study: United States v. Lance C. Migliaccio
A. Case Background
I, Lance C. Migliaccio, was prosecuted in the District of Colorado under Case No. 1:09-cr-00292. The case is now under appeal in the Tenth Circuit, Case No. 25-1237.
From the outset, the government’s case against me was tainted by misconduct:
Illegal recording and use of privileged attorney–client communications (Securus Technologies).
Warrantless GPS surveillance on my vehicle (Exhibit 7 – Doc #117, my 2013 letter to Judge Tafoya requesting a copy of the GPS warrant, which was never produced).
Fabrication of evidence and suppression of exculpatory material.
Prosecutorial coercion during plea negotiations, including threats and inducements.
Judicial failures to report misconduct, including concealment of a whistleblower deathbed confession letter (WDCL).
The misconduct was not incidental; it was systemic, deliberate, and designed to secure a conviction at any cost.
B. Whistleblower Deathbed Confession Letter (WDCL)
In July 2023, a whistleblower submitted a deathbed confession letter detailing prosecutorial misconduct in my case. The letter was sent directly to Judge Robert E. Blackburn (D. Colo.), who docketed it as a Restricted Level 4 Sealed Document (Doc #134). I received a copy in September 2023.
The WDCL contained direct allegations of:
Warrantless surveillance, including GPS tracking and monitoring of my communications.
Eavesdropping on attorney–client calls through Securus Technologies.
Fabrication and alteration of evidence.
Prosecutorial coercion of witnesses.
A coordinated effort within the DOJ to conceal misconduct and avoid disclosure.
Despite its gravity, the DOJ made no attempt to investigate, authenticate, or even contact the listed witnesses.Judge Blackburn also failed to notify oversight authorities or order an evidentiary review.
WDCL Allegation (excerpt):
“Federal agents and prosecutors knowingly monitored and used privileged communications between Mr. Migliaccio and his counsel, and fabricated evidence to strengthen their case. These actions were known at the highest levels and deliberately suppressed.”
Exhibit 8 (Attached): Whistleblower Deathbed Confession Letter (Doc #134, sealed Level 4).
C. March 18, 2024 Letter & Motion (Doc #135)
On March 18, 2024, I filed a detailed letter with Judge Blackburn, later docketed as a Motion for Order (Doc #135). This motion laid out the WDCL allegations, requested discovery, and cited relevant constitutional and statutory violations.
The DOJ never responded to this motion. Procedurally, this constituted a default. Under Tenth Circuit precedent, unrebutted allegations must be accepted as true. See Vann v. United States, 277 F.2d 289 (10th Cir. 1960).
Nevertheless, the Court ignored this default, treating my March 18th filing as though it were merely part of my coram nobis petition. This was false and prejudicial.
Exhibit 9 (Attached): March 18, 2024 Letter/Motion for Order (Doc #135).
D. DOJ Defaults and Late Filings
Throughout my filings in 2024, the DOJ repeatedly failed to meet deadlines or respond:
Doc #135 (March 18, 2024 Motion for Order): No response.
Doc #140 (May 17, 2024 Demand for Discovery Compliance): DOJ ignored deadlines.
Doc #143 (May 28, 2024 Motion to Unseal Grand Jury Testimony): DOJ response was 9 days late.
Doc #148 (June 4, 2024 Motion to Compel Warrants): DOJ failed to properly respond.
Doc #155 (June 24, 2024 Motion to Appoint Special Master): DOJ filed no opposition.
Despite these defaults, Judge Blackburn consistently excused DOJ’s failures while procedurally blocking my motions.
Exhibit 10 (Attached): Timeline of DOJ Defaults & Late Filings (2024).
E. Prosecutorial Threats and Coercion
During my early proceedings, when defense counsel Harvey Steinberg filed motions raising the illegal recording of attorney–client communications, the DOJ responded by denying it occurred and threatening consequences if those motions proceeded.
Doc #56 (2010 Motion for Immediate Release): Withdrawn after direct pressure and threats by AUSA Colleen Covell.
Doc #59 (2010): Steinberg withdrew both Doc #56 and objections to the Presentence Report, explicitly citing discussions with Covell.
This demonstrates the DOJ’s pattern of suppressing constitutional claims through intimidation.
Exhibit 11 (Attached): Docket #56, #59 – Motions Withdrawn under DOJ Pressure.
F. Judicial Misconduct and Failures
The Court has also engaged in misconduct, including:
Mischaracterization of WDCL (Doc #134): Judge Blackburn falsely stated that I had filed the letter, when in fact it came directly from the whistleblower.
Failure to Report WDCL: Judges have an obligation under Judicial Canon 3 to report misconduct — which did not occur.
Procedural Obstruction: Court orders have consistently excused DOJ defaults while mischaracterizing my filings.
Suppression of GPS Surveillance Evidence: My 2013 letter to Judge Tafoya (Doc #117) requesting a copy of a GPS warrant confirmed that no warrant existed, corroborating WDCL’s claims of unconstitutional surveillance.
Exhibit 12 (Attached): Doc #117 – 2013 Letter to Magistrate Judge Tafoya.
Exhibit 13 (Referenced): Court orders mischaracterizing Docs #134 and #135.
G. Crimes Committed in My Case
The conduct in my prosecution violated multiple federal statutes, including:
18 U.S.C. § 241 – Conspiracy against rights.
18 U.S.C. § 242 – Deprivation of rights under color of law.
18 U.S.C. § 2511 – Illegal wiretapping (Securus calls).
18 U.S.C. § 1503 – Obstruction of justice.
18 U.S.C. § 1512 – Witness tampering.
18 U.S.C. § 1519 – Destruction, alteration, or falsification of records.
18 U.S.C. § 1621 – Perjury (false statements to court).
18 U.S.C. § 371 – Conspiracy to defraud the United States.
Additionally, DOJ prosecutors and the Court violated DOJ Manual provisions (JM 9-5.001; JM 1-4.300) and Judicial Canons (1, 2, 3).
H. Timeline of Oversight Reporting
Despite these crimes, I sought every available administrative remedy:
Oct 10, 2023: Letter to U.S. Attorney Cole Finegan II (Discovery Request).
Nov 12, 2023: Follow-up Letter to Finegan (Discovery Request).
Mar 18, 2024: Motion for Order (Doc #135).
Apr–Jul 2024: Motions to unseal, compel discovery, and appoint Special Master (Docs #140, #143, #148, #155).
Jun 21, 2024: Letter to OPR outlining misconduct of AUSAs Johnson, Covell, and Podolak.
Jul 2024: Multiple responses to DOJ filings.
Jan 8, 2025: Follow-up letter to OPR reiterating misconduct and DOJ failures.
2023–2025: Reports filed with OIG, PIN, Civil Rights Division, Colorado Bar, and members of Congress (no substantive response).
Each of these filings went unrebutted or was procedurally evaded.
Exhibit 14 (Attached): Oversight Letters & USPS Confirmations.
⚖️ Conclusion of Section II:
My case is not only consistent with the national Securus scandal — it is a worse, more extreme example. The DOJ committed crimes ranging from warrantless wiretapping to perjury and fraud on the court, while the judiciary actively concealed whistleblower evidence and excused DOJ defaults. No administrative body has intervened.
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Hey Joe I checked on Google if this is correct you need to reach out to me I'll explain when we connect.
"FDC Miami (Federal Detention Center Miami) uses the Federal Bureau of Prisons (BOP) standard inmate telephone system rather than the state's commercial provider. If you meant state facilities under the Florida Department of Corrections (FDC), they contract with Securus Technologies, while GTL/ConnectNetwork handles other specific state corrections contracts. [1, 2, 3, 4]"
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Hey Joe you need to find this out. Is that jail using Secures Technologies for the phone surveillance system? If the answer is yes DM me.
I like Andrew and I have something that might really help you may not know about. LMK you can DM me on here or? Here is my personal account for reference @LanceMigliaccio or check out my show on Rumble for reference.