Prosecutor's Facebook posts about Obama under review Alleged insults about Obama, minorities on Facebook eyed in Beaumont

U.S Attorney John Craft is shown in this 2011 photo. (AP Photo/The Courier, Jason Fochtman) U.S Attorney John Craft is shown in this 2011 photo. (AP Photo/The Courier, Jason Fochtman) Photo: Jason Fochtman, MBO Photo: Jason Fochtman, MBO Image 1 of / 1 Caption Close Prosecutor's Facebook posts about Obama under review 1 / 1 Back to Gallery

BEAUMONT - A veteran prosecutor's insulting Facebook comments could boomerang on him the same way social media posts come back to haunt defendants he prosecutes.

John Craft, a Beaumont-based assistant U.S. attorney in the criminal division for more than seven years, posted derogatory comments about minorities and President Barack Obama on a Facebook page during a discussion of stand your ground laws.

John Malcolm Bales, U.S. attorney for the Eastern District of Texas, said he was reviewing the online remarks with Department of Justice staff in Washington to determine whether Craft violated any department policies. Such violations might subject him to disciplinary action.

"We are looking for any expression that would bring [the Justice Department] disrepute," he said.

Bales, who has been in Texarkana and Tyler this week, has not been in direct contact with Craft but said his staff had talked to the assistant attorney.

Craft did not respond to an email sent Tuesday or to a telephone message left Wednesday requesting comment. Reached in his office by phone Monday, Craft told a reporter that the Facebook comments "were not related to the U.S. Attorney's Office" and had no other comment.

Defendants' pages

Prosecutors typically check Facebook accounts of defendants before going to trial to see whether they have posted any incriminating information, said Joseph Gutheinz, a Friendswood attorney and former senior special agent with NASA's Office of Inspector General. Gutheinz also served as a special agent with the Transportation Department Office of Inspector General and FAA Civil Aviation Security.

"It borders on malpractice not to check Facebook," said Gutheinz.

Norman Silverman, who represents a Hispanic defendant Craft is prosecuting, said that the story on Craft's Facebook comments caused him to be concerned his client's race gave Craft "improper motivation" to seek the mandatory minimum sentence for his client.

Silverman, whose client was to be sentenced Thursday morning, has filed a motion to delay sentencing and provide time for him to collect Craft's closed files of defendants he has prosecuted. Silverman will study the sentence length of minorities and white defendants and compare their severity.

"It may show something. It may show nothing," he said. "As a prudent defense lawyer, you have to try to investigate further."

A screen capture of the Facebook interaction emailed to the Houston Chronicle showed comments Craft made in reference to Trayvon Martin, a black 17-year-old killed by neighborhood watch volunteer George Zimmerman, who was acquitted in a July trial.

Craft wrote: "How are you fixed for Skittles and Arizona watermelon fruitcocktail (and maybe a bottle of Robitussin, too) in your neighborhood? I am fresh out of 'purple drank.' So, I may come by for a visit. In a rainstorm. In the middle of the night. In a hoodie. Don't get upset or anything if you see me looking in your window ... kay?"

Criticized voters

Martin, who was wearing a hooded sweatshirt when he was fatally shot on Feb. 26, 2012, was returning to his father's girlfriend's Sanford, Fla., home after going to a nearby store for a package of Skittles and an Arizona iced tea. A hoodie has become symbolic of racial profiling.

In another comment, Craft wrote that "low information voters carried the day for the Dalibama in the last election" and posted an image of a graphic that said: "Obama: Why Stupid People Shouldn't Vote."

Gutheinz said he expected the Department of Justice to check whether Craft had posted the Facebook comments from his work computer, which is an "unprivileged activity." He also would not be surprised if the agency's inspector general and the Secret Service got involved.

The Secret Service might investigate Craft because of his comments about the president, Gutheinz said.

"Every American should know the government is looking over your shoulder," he said. "And it's definitely looking at Facebook."

However, Gutheinz said he believed that any investigation into Craft would be a violation of privacy and his First Amendment rights. He said he was concerned about the federal government assembling a criminal case against Craft. He also said, "This isn't something that should get him fired."

Louisiana Assistant U.S. Attorney Jan Mann recently resigned after making 40 comments on NOLA.com news articles criticizing colleagues and discussing open court cases.

Federal authorities issued subpoenas for more information on 11 aliases she was believed to have used. The Justice Department appointed an outside prosecutor in that case.

Federal prosecutors are not allowed to make "extrajudicial comments" that could incite "public condemnation of the accused" or be "prejudicial to the administration of justice."