Police corruption: Drug gangs, steroids and fighting gyms. Who really had a motive to kill the Waltham three? by B Blake
November 26th, 2013
PART 3: Carmen Ortiz - Why are you holding on to the Waltham files - A Conflict of Interest?
US attorney Carmen Ortiz wants to have her cake and eat it, but unfortunately for her, she cannot have both.
Defense attorneys for accused marathon bomber Dzhokhar Tsarnaev recently requested Ortiz turn over all her files on the Waltham triple murders, in conjunction with FBI interviews and records relating to the shooting of Ibragim Todashev.
Prosecutors responded to the request by filing a court document in which they stated '… According to Todashev, Tamerlan Tsarnaev participated in the Waltham triple homicide,' but tellingly, the prosecution refused to offer any further details about what Todashev allegedly told the FBI, or why he was shot to death by an FBI agent during a questioning session in his Orlando home on May 22.
They also declined to release any details of the investigation into the Waltham murders, requesting that the judge deny the defense any and all access to the Waltham files, citing it was an 'ongoing investigation'. The defense had stated that such information could be relevant to mitigation in Tsarnaev's imminent death penalty hearing, yet crucially, they had also indicated that some of the material could prove exculpatory, in which case the government is duty bound to disclose or face the risk of a mis-trial and/or a subsequent exoneration at a later date. Ortiz' response?
Defense attorneys for accused marathon bomber Dzhokhar Tsarnaev recently requested Ortiz turn over all her files on the Waltham triple murders, in conjunction with FBI interviews and records relating to the shooting of Ibragim Todashev.
Prosecutors responded to the request by filing a court document in which they stated '… According to Todashev, Tamerlan Tsarnaev participated in the Waltham triple homicide,' but tellingly, the prosecution refused to offer any further details about what Todashev allegedly told the FBI, or why he was shot to death by an FBI agent during a questioning session in his Orlando home on May 22.
They also declined to release any details of the investigation into the Waltham murders, requesting that the judge deny the defense any and all access to the Waltham files, citing it was an 'ongoing investigation'. The defense had stated that such information could be relevant to mitigation in Tsarnaev's imminent death penalty hearing, yet crucially, they had also indicated that some of the material could prove exculpatory, in which case the government is duty bound to disclose or face the risk of a mis-trial and/or a subsequent exoneration at a later date. Ortiz' response?
'Any benefit to Tsarnaev of knowing more involvement does not outweigh the potential harm of exposing details of an ongoing investigation into an extremely serious crime, especially at this stage of the proceedings'
But for almost two years the Waltham murders had been considered nothing of the sort. Whilst they were undoubtedly 'extremely serious crimes' investigators completely failed to treat them as such, a point which investigating authorities have themselves conceded, a number of times. So what changed?
Nothing.
Ortiz' response was not based on reasoned argument and was merely a diversion reinforcing the government's duplicity over the release of selective files, the purpose of which is to persuade the defense (and the wider public) that what they are presenting IS, in fact, a legal argument. It isn't. There is a fundamental difference between genuine legal argument and diversion and fundamentally, it seems the defense are no longer willing to stand for it. Of course, whether their request is granted is another matter entirely.
The government then attempted to 'argue' that they had already turned over 'a substantial amount of material to the defense' and were therefore not 'duty bound' to disclose more. Again, this is indicative of a diversion and not based on true legal argument. The government's statement was irrelevant. Any decision to withhold or disclose the Waltham and Todeshev files has nothing to do with the fact that other material, (of a different nature), has already been provided to the defense. Moreover, the notion of not being 'duty bound' to disclose, implies that there remains a choice: the prosecution suggests it is certainly not prevented from disclosing the files, yet has simply taken the decision not to do so.
Therefore the government's 'argument' is easily extinguished when one considers that in the case of the Waltham and Todeshev files, the prosecution is only providing evidence in discovery of its own choosing: so the real issue, as always, stems from precisely what the government is NOT disclosing. And in this instance, the government, and Carmen Ortiz in particular, has an awful lot to lose.
Nothing.
Ortiz' response was not based on reasoned argument and was merely a diversion reinforcing the government's duplicity over the release of selective files, the purpose of which is to persuade the defense (and the wider public) that what they are presenting IS, in fact, a legal argument. It isn't. There is a fundamental difference between genuine legal argument and diversion and fundamentally, it seems the defense are no longer willing to stand for it. Of course, whether their request is granted is another matter entirely.
The government then attempted to 'argue' that they had already turned over 'a substantial amount of material to the defense' and were therefore not 'duty bound' to disclose more. Again, this is indicative of a diversion and not based on true legal argument. The government's statement was irrelevant. Any decision to withhold or disclose the Waltham and Todeshev files has nothing to do with the fact that other material, (of a different nature), has already been provided to the defense. Moreover, the notion of not being 'duty bound' to disclose, implies that there remains a choice: the prosecution suggests it is certainly not prevented from disclosing the files, yet has simply taken the decision not to do so.
Therefore the government's 'argument' is easily extinguished when one considers that in the case of the Waltham and Todeshev files, the prosecution is only providing evidence in discovery of its own choosing: so the real issue, as always, stems from precisely what the government is NOT disclosing. And in this instance, the government, and Carmen Ortiz in particular, has an awful lot to lose.
The Dilemma
The government's point blank refusal to release the files is at stark odds with its apparent readiness to reveal intimate details, pre trial, about many other aspects of the Boston marathon bombing case . Furthermore, if the sought-after files contain legitimate findings obtained in an admissible and constitutional way, why would the prosecution potentially imperil any future legal proceedings by adamantly refusing to reveal their contents to a trusted and publicly appointed defense attorney?
The much anticipated prosecution of Dzhokhar Tsarnaev will be Carmen Ortiz' most high profile case to date: the most important prosecution on US soil since 9/11. Yet inexplicably, she is withholding files on the purported basis that the information they contain is too important to compromise a local, two-year-old cold case, and cannot be disclosed to the defense even under a legal gagging order. They also contain 'no information' she personally considers may be relevant to the defense. Is the politically ambitious Ortiz, already damaged by a wealth of stinging criticism due to her mishandling of other recent high-profile cases, really prepared to stake her entire career to date on information that just may be relevant?
No.
Therefore, the contents of the Waltham and Todeshev files must be deemed so incredibly consequential that the risk of non-disclosure totally negates the risk of divulging all. What could possibly be driving such an insane gamble?
In their belated urgency to tie up loose ends, investigators evidently overreached with the announcement that they had solved the Waltham triple murders. One only has to cast an eye over the so-called 'mounting evidence' of Tsarnaev's and Todeshev's alleged guilt to know that this is a gross exaggeration of the truth. In fact, it is outright deception. The murders of the Waltham three have not been solved at all. Just as in 2011 there are still no eyewitnesses, no murder weapon, no forensic evidence of any value in a court of law, neither alleged killer can be placed at the scene of the murder (only Tsarnaev within the 20 mile radius, in which he in any case lived), and there is no established motive.
The motive that stood for almost two years (exemplary punishment by drug gangs) was changed overnight to anti Semitism, but not until after investigators had announced the two were culpable of the crime. Ergo, a motive was simply plucked from thin air, and used to fit the new 'thinking' of the crime. As for fitting it the 'new evidence', such evidence is embarrassingly non existent.
Worse still, the government shot and killed an unarmed man in his own home and offered an unrecorded, unsigned, and totally unverifiable confession to bolster that non existent evidence: an alleged confession that has now become the only evidence the government is prepared to offer the defense.
Under such circumstances it becomes apparent why the government is taking a gamble and refusing to release the files: to do so may leave the entire Boston marathon bombing case, and the prosecution of Dzhokhar Tsarnaev, teetering on the edge.
The much anticipated prosecution of Dzhokhar Tsarnaev will be Carmen Ortiz' most high profile case to date: the most important prosecution on US soil since 9/11. Yet inexplicably, she is withholding files on the purported basis that the information they contain is too important to compromise a local, two-year-old cold case, and cannot be disclosed to the defense even under a legal gagging order. They also contain 'no information' she personally considers may be relevant to the defense. Is the politically ambitious Ortiz, already damaged by a wealth of stinging criticism due to her mishandling of other recent high-profile cases, really prepared to stake her entire career to date on information that just may be relevant?
No.
Therefore, the contents of the Waltham and Todeshev files must be deemed so incredibly consequential that the risk of non-disclosure totally negates the risk of divulging all. What could possibly be driving such an insane gamble?
In their belated urgency to tie up loose ends, investigators evidently overreached with the announcement that they had solved the Waltham triple murders. One only has to cast an eye over the so-called 'mounting evidence' of Tsarnaev's and Todeshev's alleged guilt to know that this is a gross exaggeration of the truth. In fact, it is outright deception. The murders of the Waltham three have not been solved at all. Just as in 2011 there are still no eyewitnesses, no murder weapon, no forensic evidence of any value in a court of law, neither alleged killer can be placed at the scene of the murder (only Tsarnaev within the 20 mile radius, in which he in any case lived), and there is no established motive.
The motive that stood for almost two years (exemplary punishment by drug gangs) was changed overnight to anti Semitism, but not until after investigators had announced the two were culpable of the crime. Ergo, a motive was simply plucked from thin air, and used to fit the new 'thinking' of the crime. As for fitting it the 'new evidence', such evidence is embarrassingly non existent.
Worse still, the government shot and killed an unarmed man in his own home and offered an unrecorded, unsigned, and totally unverifiable confession to bolster that non existent evidence: an alleged confession that has now become the only evidence the government is prepared to offer the defense.
Under such circumstances it becomes apparent why the government is taking a gamble and refusing to release the files: to do so may leave the entire Boston marathon bombing case, and the prosecution of Dzhokhar Tsarnaev, teetering on the edge.
Carmen Ortiz has her finger in the dyke.....
The questions surrounding Todeshev's shooting, and so the Waltham murders, refuse to go away. Yet the silence from authorities has been absolutely deafening. Given such a backdrop, Ortiz' attempts to supress the files should come as no surprise.
- The FBI refuse to discuss the case citing the "the agency's internal review of the shooting is ongoing and no other details will be released"
- Florida State Attorney Jeff Ashton, has stated that an independent review of the case is being conducted but regrettably, "no timetable was given for the completion of the review"
- Florida Medical Examiner's Office have completed a medical/autopsy report into Todeshev's death which was ready for release months ago, however the office confirm they have been ordered by the FBI not to release the findings.
Massachusetts based enquiries are met with the same.
- Massachusetts State Police confirmed they sent officers to Florida to question Todeshev alongside the FBI, but steadfastly refuse to offer any explanation as to the circumstances of Todeshev's death.
- Massachusetts Attorney General Martha Coakley has refused to open up her own investigation, oddly citing lack of jurisdiction when it is plain she has jurisdiction to act as such.
- Massachusetts Governor Deval Patrick stonewalling when was asked whether or not Massachusetts State Troopers could provide any further information on Todeshev's shooting. He replied "As they say in court, question’s been asked and answered". It clearly hasn't.
- Middlesex District Attorney's Office also declining to comment on any aspect of the Waltham case, stating they are unable to do so as it is an "ongoing and active investigation"
If the government has no credible evidence that Tsarnaev and Todeshev committed the Waltham murders, and therefore unlawfully killed a man in pursuit of that so-called 'evidence', why would they ever seek to make that condemnatory admission public? The questions that would arise from such an admission would be so far-reaching and so profound, that they would have a direct and immediate effect on the impending prosecution of Dzhokhar Tsarnaev: a situation a prosecutor in Ortiz' position is not prepared to entertain.
The Unholy Grail: Prosecution, Redemption, Governorship?
Whilst Ortiz is known for her tough stance on corruption (and therefore might be expected to illuminate any issues arising from the Waltham and Todeshev files), she is also known for something else: her ruthless ambition and ego driven attitude which has revealed itself in a number of previous Federal prosecutions. She appears to have thrived in a prosecutorial culture that has self-righteously used prosecution for personal political gain, and demonstrated an ability to self-justify that behavior in terms of the public good. In 2011 Ortiz was named 'Bostonian of the Year' and was hoping to replace Deval Patrick as Governor of Massachusetts, but her aims were abruptly cut short in the wake of her mishandling of the Aaron Schwartz case. Despite a petition signed by over 52,000 people calling into question her fitness to practice, Ortiz refused to resign over the scandal and has been seeking salvation ever since. For Carmen Ortiz the trial, and much-coveted conviction of Dzhokhar Tsarnaev, is the holy grail: high-profile prosecutions are valued in high office. Moreover, Ortiz believes she is unlikely to face any tough questioning over her handling of the case due to the nature of the charges Tsarnaev is facing. Nobody in Massachusetts will be sparing much sympathy for the alleged terrorist:
'The criticism lately has been that they've over-charged some people and been overly harsh. I don't think that's relevant for Tsarnaev because no one is going to accuse any prosecutor of making too big a deal out of this case'
Peter Elikann Boston defense attorney April 24th 2013
Peter Elikann Boston defense attorney April 24th 2013
Whilst Ortiz may feel the suppression of the Waltham and Todeshev files are worth the gamble (and clearly has the full backing of the government to facilitate that venture), she also has another reason to keep their contents from view. By revealing all she may potentially expose some of her own previous failings, or worse still: that she had in her possession evidence pointing to the true identity of the Waltham killers all along, yet did nothing.
Dead but they wont lie down.....the haunting of Carmen Ortiz
The failure of authorities to fully investigate the Waltham triple murders was a travesty. Whilst the wider public may have felt relatively safe knowing the triple homicide was a result of internecine violence in the drugs underworld, the barbarity and ritualistic nature of the murders surely demanded the perpetrators be brought to justice swiftly, and prevented from ever committing such a despicable crime again? They weren't.
Boston Police Department had been beset with a series of drug related corruption scandals over the preceding six year period and was in the midst of dealing with another, right at the time the murders occurred. Safwan Madarati, a notoriously violent local drugs dealer (and the individual many in Boston believe was responsible for the deaths of the Waltham three), was arrested in conjunction with other members of his criminal network during an FBI sting operation in the summer of 2011. The Madarati investigation brought with it another damning revelation: Madarati had been assisted in his illegal activities by corrupt members of Boston Police Department who regularly passed him information, including the names of informants who had implicated the gang in any wrongdoing. Only one officer was ever charged in connection with the case, despite strong indications that others were involved. Had it so transpired that the three were murdered on the orders of a local drugs baron, and as a direct result of corrupt officer involvement, the entire department would have found itself thrust back into the limelight again. It was a limelight they were desperate to avoid. As such, there was absolutely no appetite among Law Enforcement to investigate the triple homicide: a situation that now presents itself as a double-edged sword for Carmen Ortiz.
As head of the District of Massachusetts Organized Crime Drug Enforcement Task Force, and a prosecutor who has attempted to build her public image on fighting corruption, the failures of the Waltham investigation are a total embarrassment. Yet they are an embarrassment that, until very recently, Ortiz herself had never had to face. The surprise announcement by authorities that they had 'solved' the Waltham murders and erroneously established the 'guilt' of Tsarnaev and Todeshev returned the case to the spotlight and with it, all the unresolved questions concerning Madarati's possible involvement.
The announcement itself came at a time when Ortiz' own office was actively prosecuting the gang in Federal court. The majority of the 20 individuals charged in the case pleaded guilty and received greatly reduced sentences under plea deal arrangements, two were recently convicted at trial, whilst one trial is still outstanding. However, one important piece of information Ortiz' office neglected to tell the public (and the court for some considerable time), was that five members of the gang are now wanted fugitives. Recently released documents reveal that all five went 'missing' very soon after their arrests in 2011, yet warrants for their arrests were not issued until 2012 - almost twelve months after they initially skipped bail. One can only speculate about why Ortiz' office sought to keep this information undisclosed for so long (it was only revealed in June 2013), yet considering Madarati's possible links to the Waltham murders it is certainly very unnerving.
So, despite the Waltham murders bearing the savage footprint of drugs-related violence, despite the roundup of the drugs gang upon which the shadow of suspicion fell most darkly, and despite Ortiz' vow to extinguish police corruption, the case remained 'cold' until may 2013: Carmen Ortiz did nothing. She has more reason than most to want to keep the contents of the Waltham investigation files firmly under wraps, and with that the Todeshev file naturally follows suit.
Boston Police Department had been beset with a series of drug related corruption scandals over the preceding six year period and was in the midst of dealing with another, right at the time the murders occurred. Safwan Madarati, a notoriously violent local drugs dealer (and the individual many in Boston believe was responsible for the deaths of the Waltham three), was arrested in conjunction with other members of his criminal network during an FBI sting operation in the summer of 2011. The Madarati investigation brought with it another damning revelation: Madarati had been assisted in his illegal activities by corrupt members of Boston Police Department who regularly passed him information, including the names of informants who had implicated the gang in any wrongdoing. Only one officer was ever charged in connection with the case, despite strong indications that others were involved. Had it so transpired that the three were murdered on the orders of a local drugs baron, and as a direct result of corrupt officer involvement, the entire department would have found itself thrust back into the limelight again. It was a limelight they were desperate to avoid. As such, there was absolutely no appetite among Law Enforcement to investigate the triple homicide: a situation that now presents itself as a double-edged sword for Carmen Ortiz.
As head of the District of Massachusetts Organized Crime Drug Enforcement Task Force, and a prosecutor who has attempted to build her public image on fighting corruption, the failures of the Waltham investigation are a total embarrassment. Yet they are an embarrassment that, until very recently, Ortiz herself had never had to face. The surprise announcement by authorities that they had 'solved' the Waltham murders and erroneously established the 'guilt' of Tsarnaev and Todeshev returned the case to the spotlight and with it, all the unresolved questions concerning Madarati's possible involvement.
The announcement itself came at a time when Ortiz' own office was actively prosecuting the gang in Federal court. The majority of the 20 individuals charged in the case pleaded guilty and received greatly reduced sentences under plea deal arrangements, two were recently convicted at trial, whilst one trial is still outstanding. However, one important piece of information Ortiz' office neglected to tell the public (and the court for some considerable time), was that five members of the gang are now wanted fugitives. Recently released documents reveal that all five went 'missing' very soon after their arrests in 2011, yet warrants for their arrests were not issued until 2012 - almost twelve months after they initially skipped bail. One can only speculate about why Ortiz' office sought to keep this information undisclosed for so long (it was only revealed in June 2013), yet considering Madarati's possible links to the Waltham murders it is certainly very unnerving.
So, despite the Waltham murders bearing the savage footprint of drugs-related violence, despite the roundup of the drugs gang upon which the shadow of suspicion fell most darkly, and despite Ortiz' vow to extinguish police corruption, the case remained 'cold' until may 2013: Carmen Ortiz did nothing. She has more reason than most to want to keep the contents of the Waltham investigation files firmly under wraps, and with that the Todeshev file naturally follows suit.
Stuck between a rock and a hard place?
Ortiz has been severely damaged by her previous mishandling of several high profile cases, and appears desperate to re-establish herself and finally realise her political aspirations. For Carmen Ortiz, the trial of Dzhokhar Tsarnaev represents salvation. Consequently, she can ill afford to expose anything that may reveal evidence of her past failings, just as she cannot afford to expose anything that may bring the trial itself into question. Neither can she afford to make anymore enemies, which the compromise of the Tsarnaev trial would surely bring.
Yet the role of a Federal prosecutor should never be determined by self protectionism, ego-driven self-interest, or brazen self-promotion, all of which Ortiz has consistently demonstrated throughout the years. And in the most important trial to occur on American soil since 9/11, she appears to be exhibiting the same nauseating behaviour again, this time risking all in pursuit of self-redemption and a future political career. It is a pattern of bad judgement, abuse of power, and contemptuous behaviour that Ortiz seems unable to break. As in the case of Aaron Schwartz:
Yet the role of a Federal prosecutor should never be determined by self protectionism, ego-driven self-interest, or brazen self-promotion, all of which Ortiz has consistently demonstrated throughout the years. And in the most important trial to occur on American soil since 9/11, she appears to be exhibiting the same nauseating behaviour again, this time risking all in pursuit of self-redemption and a future political career. It is a pattern of bad judgement, abuse of power, and contemptuous behaviour that Ortiz seems unable to break. As in the case of Aaron Schwartz:
“Just because you can charge someone with a crime, just because a technical crime has been committed, doesn’t mean you should"
Retired Federal Judge Nancy Gertner, January 2013, Boston
Retired Federal Judge Nancy Gertner, January 2013, Boston
Similarly, just because you can withhold information, doesn't mean you should.
The unenviable conflict of interest Carmen Ortiz is facing is now so serious, it merits her immediate removal as lead prosecutor in the case. It is the duty of every Federal prosecutor, at every stage of the proceedings, to ensure that nothing is left to chance, and Ortiz' personal position indicates that this is a duty she is simply unwilling, or unable to fulfil.
But this also places her in the ideal situation for something else: doing the government's bidding. It is not just Ortiz who stands to lose an awful lot from the disclosure of the Waltham and Todeshev files. It would be naïve to think that the decision to disclose the files (and all the other important information the government has so far refused to divulge), rested solely with Ortiz: yet in a legitimate, equitable, and transparent prosecution it surely should.
Tsarnaev and his defence attorneys appear to be battling a politico-legal lynch mob, who are cowering behind the very law they despise but profess to uphold, too cowardly even to endorse the inalienable right to a fair trial. If Tsarnaev is guilty of the crimes for which he stands accused, there should be no necessity on the part of the government to continually refuse requests for discovery. If they have nothing to hide then they have nothing to lose:
Carmen Ortiz - why are you really holding on to the Waltham and Todeshev files?
Because if you continue, you may well be handing Tsarnaev the key to the prison gates.
The unenviable conflict of interest Carmen Ortiz is facing is now so serious, it merits her immediate removal as lead prosecutor in the case. It is the duty of every Federal prosecutor, at every stage of the proceedings, to ensure that nothing is left to chance, and Ortiz' personal position indicates that this is a duty she is simply unwilling, or unable to fulfil.
But this also places her in the ideal situation for something else: doing the government's bidding. It is not just Ortiz who stands to lose an awful lot from the disclosure of the Waltham and Todeshev files. It would be naïve to think that the decision to disclose the files (and all the other important information the government has so far refused to divulge), rested solely with Ortiz: yet in a legitimate, equitable, and transparent prosecution it surely should.
Tsarnaev and his defence attorneys appear to be battling a politico-legal lynch mob, who are cowering behind the very law they despise but profess to uphold, too cowardly even to endorse the inalienable right to a fair trial. If Tsarnaev is guilty of the crimes for which he stands accused, there should be no necessity on the part of the government to continually refuse requests for discovery. If they have nothing to hide then they have nothing to lose:
Carmen Ortiz - why are you really holding on to the Waltham and Todeshev files?
Because if you continue, you may well be handing Tsarnaev the key to the prison gates.
___________________________
*UPDATE*
On 11/27/2013 Judge O'Toole denied the Tsarnaev defense application to compel discovery of the Waltham and Todeshev files. O' Toole stated: "The government has asserted that it has diligently reviewed the materials it has gathered regarding the prosecution of the defendant and has provided to him all materials that it has determined fall within the scope of it's obligations under Brady and related cases. There is no indication that it's representation to this court is not made in good faith"
The defense had moved to compel the government in nine separate discovery requests. Eight were refused and one was granted. Judge O' Toole himself has never seen the contents of the Waltham and Todeshev files.
On 11/27/2013 Judge O'Toole denied the Tsarnaev defense application to compel discovery of the Waltham and Todeshev files. O' Toole stated: "The government has asserted that it has diligently reviewed the materials it has gathered regarding the prosecution of the defendant and has provided to him all materials that it has determined fall within the scope of it's obligations under Brady and related cases. There is no indication that it's representation to this court is not made in good faith"
The defense had moved to compel the government in nine separate discovery requests. Eight were refused and one was granted. Judge O' Toole himself has never seen the contents of the Waltham and Todeshev files.
Coming soon: 'Coersive Prosecutorial Techniques: Have Boston prosecutors learnt nothing?'
Related posts:
Police corruption: Drug gangs, steroids and fighting gyms. Who really had a motive to kill the Waltham three? PART 1: The Odd Men Out
PART 2: Dirty Cops and Drug Gangs Co-owner of Wai Kru arrested on Federal drugs charges: Links to Florida
Officer Sean Gannon: More evidence that the FBI knew the identities of the suspected marathon bombers prior to April 19th?
Recommend this:
Police corruption: Drug gangs, steroids and fighting gyms. Who really had a motive to kill the Waltham three? PART 1: The Odd Men Out
PART 2: Dirty Cops and Drug Gangs Co-owner of Wai Kru arrested on Federal drugs charges: Links to Florida
Officer Sean Gannon: More evidence that the FBI knew the identities of the suspected marathon bombers prior to April 19th?
Recommend this:
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Want more? For NIPS, quick takes, and blog posts by the main contributors to this site visit here
________________________________________________
We actively encourage comments, discussion and debate on this site! Please remember to keep it relevant and be respectful at all times.
