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Court: Wisconsin Prosecution "Preposterous"
Earlier this month, a federal appeals court slapped down a prosecution against a Wisconsin state bureaucrat brought by U.S. Attorney for Milwaukee Steve Biskupic. The court took the extraordinary step of reversing the conviction and freeing the bureaucrat, named Georgia Thompson, due to the simple lack of a crime. That's led to a lot of questions about whether the case, which implicated the state's Democratic governor in an election year, was brought due to political pressure.
Today, the court released (pdf) its written opinion on the case. And it wasn't any more sparing than the verbal remarks (e.g. that the evidence was "beyond thin") of the judges when they made the ruling.
The prosecution was based on a reading of the law by which "simple violations of administrative rules [by bureaucrats] would become crimes," the judges wrote. By that interpretation, "it is a federal crime for any official in state or local government to take account of political considerations when deciding how to spend public money" -- a "preposterous" idea, they wrote.
Ultimately, the prosecution drew on "the open-ended quality" of the law to charge that a crime had occurred. And the blame, the judges wrote, might very well lie with the open-ended quality of the statutes used to charge Thompson:
"This prosecution, which led to the conviction and imprisonment of a civil servant for conduct that, as far as this record shows, was designed to pursue the public interest as the employee understood it, may well induce Congress to take another look at the wisdom of enacting [such vague statutes]."
The laws, they wrote, make it "possible for prosecutors to believe, and public employees to deny, that a crime has occurred, and for both sides to act in good faith...."
In other words, the judges are saying that any reasonable person would have looked at this case and seen that nothing amiss had occurred -- but it was nevertheless legally possible to bring a prosecution. For that, you could blame the law... but you could also question the prosecutor's judgment.
For his part, Biskupic has said that he brought the case "in consultation with the then-Democratic State Attorney General, and the Democratic District Attorney for Dane County" and that the decision to charge Thompson was "based solely on the facts."
The House Judiciary Committee has invited Biskupic to tell his story to Congress.
Update: TPM Reader LA writes:
You might want to note in the Thompson story that the opinion was written by Frank Easterbrook, a law-and-economics-oriented Reagan appointee, and stone genius. When I saw the "preposterous" quote, I figured he had to have written the decision, and I am so glad to be right.













To get the transcript of the Grand Jury, a request in writing must be made to the court. It will be worth the read.
Honorable Rudulph Randa
517 E Wisconsin Ave
Chamber 310
Milwaukee, WI 53202
Case Number: 06CR20
April 20, 2007 2:50 PM | Reply | Permalink
So what about the poor woman whose life was turned inside out: can she sue?
April 20, 2007 2:59 PM | Reply | Permalink
Yeah, but the word is that Democratic assistant attorneys or other legal operatives helped this along and were instrumental in bringing charges against Thompson. Who were these people and why did they go along?
April 20, 2007 3:01 PM | Reply | Permalink
I would be very interested to hear what the state attorney general and dane county official have to say about biskupic's claim: that he went forward with the case with THEIR blessings.
April 20, 2007 3:02 PM | Reply | Permalink
Prosecutors push these high-profile public corruption and white collar cases to get better jobs in the private sector.
April 20, 2007 3:03 PM | Reply | Permalink
code word: horse as in "this is a load of horsesh**"
April 20, 2007 3:05 PM | Reply | Permalink
an innocent question for someone to help me understand. Could someone in a similar situation bring a slander/libel suit?
It doesn't seem very different than having your life evicerated by a mean-mouthed media blow hard.
April 20, 2007 3:06 PM | Reply | Permalink
Gonzales must have claimed at least a half-dozen times that Biskupic consulted with the Democratic DA and Democratic Attorney General about this case. Has either been heard from about this?
April 20, 2007 3:08 PM | Reply | Permalink
How about some follow-up on this question by shrubsy?
I would be very interested to hear what the state attorney general and dane county official have to say about biskupic's claim: that he went forward with the case with THEIR blessings.
April 20, 2007 3:09 PM | Reply | Permalink
Are there any laws preventing this kind of abuse of the legal system? Not just for Biskupic's case, but in general, to prevent USA's from pursuing bogus cases for political purposes?
I find it hard to believe that there is no safeguard against this kind of thing. Since the USA's serve at the "pleasure of the president", are they not accountable?
Security Code: shame
April 20, 2007 3:17 PM | Reply | Permalink
>Gonzales must have claimed at least a half-dozen times that Biskupic consulted with the Democratic DA and Democratic Attorney General about this case<.
being "consulted" and agreeing that it should be prosecuted are two different things.
My wife "consults" me on most household decisions, and then does what she wants, whatever I think about it.
Scale, as in the scales of justice have been stolen.
April 20, 2007 3:18 PM | Reply | Permalink
Thats the nut of it, vague law statutes, passed by vaugue members of a certain party in the house and senate, in order to be used in the vaguest terms, by vague individuals PLACED in NOT SO vague positions, in order to have NOT SO vague consequences against whoever they wish!
But there were no other political reasons behind what they have done. RIIIIIIIGHHHHHHT!
April 20, 2007 3:20 PM | Reply | Permalink
The problem I have with this opinion is the statement that it's actually possible for prosecutors to believe that there's been a crime committed in a case like this.
Or perhaps there's just no "reasonable person" standard for being a prosecutor.
April 20, 2007 3:21 PM | Reply | Permalink
I LOVE the smell of vindication in the mid-afternoon!!!
April 20, 2007 3:23 PM | Reply | Permalink
But I still do not understand how, if it was so ridiculous, he convinced a jury to convict her. Were they very dumb? Did she have a very bad defense?
April 20, 2007 3:25 PM | Reply | Permalink
But I still do not understand how, if it was so ridiculous, he convinced a jury to convict her. Were they very dumb? Did she have a very bad defense?
April 20, 2007 3:25 PM | Reply | Permalink
Biskupic says that he brought the charge in *consultation* with the state AG and county DA. He doesn't say whether they counseled him to proceed or refrain.
Yeah, there might be shenanigans here, but I'd want to see something more than Biskupic's say-so that he talked with them without saying what answers they gave him.
April 20, 2007 3:26 PM | Reply | Permalink
It's also interesting to note that one of the jury members seems to have tampered with by the prosecution. As I recall during deliberations one member of the jury brought forth info that was not presented in the evidence or was made in the press. It would appear that someone in Biskupic's office was feeding information into the jury room.
April 20, 2007 3:28 PM | Reply | Permalink
Since folks are asking...
Letter to the editor from former Assistant Attorney General (and onetine AUSA for the Western District)Dan Bach
http://www.madison.com/tct/opinion/letters/index.php?ntid=129178&ntpid=2
"Daniel Bach: Evidence, not politics, spurred Thompson prosecution"
April 20, 2007 3:29 PM | Reply | Permalink
O man, I read Randa's decision, and it was SO good to see the judge use the word 'baksheesh'. This is one sensible guy.
April 20, 2007 3:30 PM | Reply | Permalink
No one yet has answered why the Democratic Dane County Attorney and the Democratic Wisconsin State Attorney General, who Biskupic wants to share the blame with, didn't file charges themselves. Or was the case too weak for them?
April 20, 2007 3:31 PM | Reply | Permalink
I guess it's possible that the Democratic State Attorney General and the Democratic District Attorney for Dane County went along with this so as not to be seen impeding a prosecution for political reasons (after all, if they had, the angle could have been "Democratic Officials Block Corruption Charges"). Perhaps they thought the case was so thin that it would be thrown out.
It certainly bears looking into however.
Paul? Wanna make a couple of calls? :)
(p.s. To everyone: please stop posting security codes. It's pointless and adds no value to posts whatsoever.)
April 20, 2007 3:32 PM | Reply | Permalink
How on earth does "possible for prosecutors to believe, and public employees to deny, that a crime has occurred, and for both sides to act in good faith...." become "any reasonable person would have looked at this case and seen that nothing amiss had occurred," which then leads you to "question the prosecutor's judgment"?
It looks like the court opinion is stating explicitly that people acting in good faith can have different opinions about whether or not a crime has been committed, which is due to the law being too vague to be applied objectively.
The court certainly doesn't seem to be saying, in the excerpt you quote to make your point, that the prosecution was malicious.
April 20, 2007 3:35 PM | Reply | Permalink
Security code: "like", as in, I like to annoy tight-assed commenters like JTL.
April 20, 2007 3:36 PM | Reply | Permalink
Ditto on all you folks who want to know about the who-knew-what-and-when-did-they-know-it about those consultations with the state dems. The paucity of detail in Biskupic's statement makes me very suspicious that we are witnessing just more sand-in-the-face Republicanism.
April 20, 2007 3:38 PM | Reply | Permalink
Isn't it common for jurors to get the sense (perhaps falsely) that a case MUST have merit? Don't they tend to assume that the issue of merit is settled by the time a case goes to court? At least many former jurors have said this.
April 20, 2007 3:38 PM | Reply | Permalink
Do we know yet why Biskupic in the Eastern District brought the case, rather than the USA in the Western District that contains Madison?
April 20, 2007 3:44 PM | Reply | Permalink
Karen - great point. Just goes to show how this entire ugly episode has poisoned the well. Why should jurors, or anybody else, trust the system now? Now won't jurors be inclined to doubt that cases have merit?
April 20, 2007 3:49 PM | Reply | Permalink
It seems to me that JTL has an excellent point, above: if you are the Democratic attorney general, and a US attorney "consults" with you about their intention to indite someone working in the office of a Democratic governor, you can't go too far towards dissuading the US attorney without inviting accusations that you are impeding a corruption prosecution for partisan political reasons.
A better question, for those who were in Wisconsin at the time, is who spoke out against the prosecution and conviction as it happened? While the attorney general can't be seen to block a prosecution, there's nothing stopping them from deriding it in epxressions of their personal opinion, especially after the verdict is in.
April 20, 2007 3:51 PM | Reply | Permalink
The jury is told what the law is, and it is their job to decided whether it was broken. The law is explained bvy the judge, is it not? I think he may be a key element in this also
April 20, 2007 3:53 PM | Reply | Permalink
The real irony here is that, based on Biskupic's theory, as a result of the reversal, he could be prosecuted under the same statutes he cited for depriving the government of his "Honest Services" in bringing a bogus case against Thompson. Now that's a real Catch-22!
April 20, 2007 3:54 PM | Reply | Permalink
The lack of prosecution by DoJ Attorney Moskowitz and US Attorney John Sutton in the Texas TYC sex scandal is just as bas if not worse.
It's interesting that the current Moskowitz, head of the criminal division at DoJ is such a poor excuse for an attorney while his namesake predecessor at DoJ is such a credit to the US.
April 20, 2007 3:54 PM | Reply | Permalink
Yo, r€nato, et. Al, it's not so much annoying as it is lame. ;-)
April 20, 2007 3:55 PM | Reply | Permalink
How did this woman get convicted in the first place?
April 20, 2007 3:56 PM | Reply | Permalink
Where is the private bill to compensate Thompson? When will Biskupic be fired for "performance related reasons."
April 20, 2007 4:04 PM | Reply | Permalink
The prominent dems in this case disliked Doyle and were trying to attack him through the prosecution of Thompson. The case had a wingnut judge; a judge is in a very good position to affect the outcome of a trial through jury instructions and determination of admissability. This is a knock on the judge as much as Biskupsic.
April 20, 2007 4:05 PM | Reply | Permalink
In a State which had long prided itself on an image of clean government, the relatively recent convictions of the Dem. Senate majority leader and Rep. Assembly Speaker, combined with the Governor's agressive fundraising had created a climate in which everyone (disclaimer: yours truly included) had been pre-disposed to draw a link between the Adelman Travel contribution and the awarding of the contract once the losing bidder cried foul.
This does not mean there was necessarily no political presure on Biskupic, but would explain the Grand Jury giving him an indictment to see what might develop.
April 20, 2007 4:08 PM | Reply | Permalink
That is an excellent photo of Steve, from a semiotic standpoint.
April 20, 2007 4:08 PM | Reply | Permalink
"The laws, they wrote, make it "possible for prosecutors to believe, and public employees to deny, that a crime has occurred, and for both sides to act in good faith...."
In other words, the judges are saying that any reasonable person would have looked at this case and seen that nothing amiss had occurred -- but it was nevertheless legally possible to bring a prosecution. For that, you could blame the law... but you could also question the prosecutor's judgment."
I'm with JP on this one: that's not what the judges are saying at all (at least not in this excerpt). On the contrary, they're saying that reasonable people could look at this and completely disagree as to whether a crime had occurred. Which is why they suggest that statutes shouldn't be written this way.
By the way, that does not mean that Thompson's prosecution and conviction was not politically driven; it just means that the statute was so poorly drafted that it allowed for that outcome, as well as for a prosecution and conviction done in good faith.
April 20, 2007 4:13 PM | Reply | Permalink
Bostonian in Brooklyn asks: "Did she have a very bad defense?"
Steve Hurley's by reputation (and billing rate) among the top criminal defense lawyers in the State. Never hired him myself, nor have I seen him work a jury.
April 20, 2007 4:16 PM | Reply | Permalink
It should be an obvious violation of the Rico Act. Punishing people by abusing the Judicial system.
April 20, 2007 4:16 PM | Reply | Permalink
Someone in whatever state Biskupic is admitted in needs to report this as a probable violation of ethics rules. How appropriate. Get the case tossed, get your licensed tossed, but keep your job as a Gonzales/Bush USA.
April 20, 2007 4:24 PM | Reply | Permalink
After reading the opinion, it seems to me that the court came to the conclusion that it's not a crime to make decisions based upon political considerations.
Am I the only one who reads this opinion as being a two edged sword?
April 20, 2007 4:37 PM | Reply | Permalink
"So what about the poor woman whose life was turned inside out: can she sue?"
Perhaps for malicious prosecution.
"Could someone in a similar situation bring a slander/libel suit?"
Public figures have to show actual malice, which requires a showing that the prosecutor actually KNEW for a fact that the case was frivolous. In addition, court officers, i.e. lawyers, judges, juries, witnesses, etc. tend to be immune from civil suit for what is said in court.
April 20, 2007 4:46 PM | Reply | Permalink
Fiddler: "So what about the poor woman whose life was turned inside out: can she sue?"
No, she can't. But she has her job back with back pay, and the state is paying her legal costs.
April 20, 2007 4:48 PM | Reply | Permalink
Silly willy nilly ol' bears:
Thompson is a Democrat who was working in government . . . The very definition of criminal in Bush43 World . . . Biskupic needs to be vilified not for his errant prosection of Thompson but for his failure to indict and convict the rest of the evil/stinky/bad Demon-crats.
April 20, 2007 4:48 PM | Reply | Permalink
Randy R: "It's also interesting to note that one of the jury members seems to have tampered with by the prosecution. As I recall during deliberations one member of the jury brought forth info that was not presented in the evidence or was made in the press. It would appear that someone in Biskupic's office was feeding information into the jury room."
So she would have been entitled to a new trial in any case (even if the outside info didn't come from Biskupic's office).
April 20, 2007 4:50 PM | Reply | Permalink
Old Steven looks like another back woods Hee-Haw lovin' fundamentalist ass-rash Regent U law school grad that worshiped Gomer Pyle until he found out Jim Nabors was gay.
April 20, 2007 4:52 PM | Reply | Permalink
Now that I've given the decision a quick read, I'm tempted to think that the judges went out of their way to avoid giving outsiders ammunition for a charge that the prosecution was politically motivated. Despite several pages of analysis and citations essentially establishing that no one had ever been convicted under these statutes under even remotely similar circumstances, and still more pages of analysis and hypotheticals indicating that well established canons of statutory construction militated against any such prosecution, the court then takes a sudden turn to complain about how vague the statute is, as if that vagueness were (by itself) to blame for the prosecution.
Yet the court's own analysis shows the opposite: similar prosecutions have not occurred, nor -- given these precedents and canons of construction -- should they.
Indeed, the very canon of construction they rely upon -- the Rule of Lenity -- essentially states that if there are two different interpretations of a statute, under one of which an act is a crime, and under the other of which it's not, the statute should be interpreted against criminalizing the conduct. In other words, this prosecution should never have occurred: the fact that it was possible to interpret the statute the way the prosecution did does NOT mean that it was correct (or acceptable) for it to have done so. On the contrary, a prosecution under such circumstances (no supporting precedent, canons of construction pointing the other way, and clearly unacceptable consequences if the prosecution's theory is applied to other routine events) is an abuse of that prosecutor's discretion, plain and simple.
The likely explanation for the court's failure to draw the conclusion that its own analysis so clearly called for is that the court (like all courts) did not want to be drawn into a political dispute. So they crafted the decision so that any lawyer reading it would clearly get the message (i.e., that this prosecution should never have taken place), but there would be no passage in the decision that the media/politicians could quote as saying so in so many words.
Judges have a way of doing things like that -
April 20, 2007 4:52 PM | Reply | Permalink
Another important thing about the opinion is its author: Frank Easterbrook, a well-known "movement conservative," who has been on lists for possible GOP appointment as a Supreme Court Justice for many years now. Can't blame this one on "liberal judges.
April 20, 2007 4:52 PM | Reply | Permalink
The facts recounted in the Courts' opinion are unsavory. Georgia Thompson did subvert the procurement process established by the Wisconsin legislature, and the prosecution presented evidence that she did this for political reasons. I am persuaded by the opinion that Ms. Thompson's actions did not merit conviction, but I don't believe we should be comfortable with what she did either. Even if a procurement process is flawed, civil servants should not subvert it for political reasons.
So I think that this case is closer than most in the liberal blogosphere have characterized it as being. I am inclined to believe that Steven Biskupic pursued the prosecution in good faith.
For me, this conclusion serves only to highlight the grave problem that the Bush Administration has created with its politicization of the Justice Department. If Biskupic were corrupt, then the problem would lie with him. If we conclude that Biskupic acted in good faith, however, then the problem lies with the system.
Prosecutorial discretion is crucial to the justice system. The statues involved here are hardly the only ones that make it "possible for prosecutors to believe, and [defendants] to deny, that a crime has occurred, and for both sides to act in good faith...." Consequently, the prosecutor needs to be able to separate action morally worthy of criminal indictment from those only technically sufficient for criminal indictment.
Even the best intentioned individual cannot truly know all factors that affect a difficult discretionary decision. Existing in a culture that rewards "loyal Bushies" must influence the outlook and thought processes brought to discretionary decisions in ways that the decider likely never realizes.
In summary, I fear that the Bush Administration has created a Justice Department in which even well intentioned civil servants will find their decisions compromised by partisan politics.
April 20, 2007 4:56 PM | Reply | Permalink
vulture breath: I would hope so! I also hope that the DOJ as a whole will be treated to an equal amount of suspicion. Right? If they fired the 8 or 9 for improper reasons, wouldn't it follow that they kept them for equally improper reasons? I think it is now FAIR to suspect & investigate it.
Not that I think they will do that...maybe later when the noose gets a little tighter.
April 20, 2007 5:10 PM | Reply | Permalink
Could this case be an "inoculation" against prosecuting, say, Abu Gonzales, or Sampson, or Goodling?
If this case is "preposterous" because political considerations can be a small matter, and merely a minor administrative violation, can't they just hold this case up and say "Look! Here you're cheering, but in the case of the AG, you're partisan hypocrites!"
Just wondering. It looks like too stupid a move to belong to Rove.
April 20, 2007 5:25 PM | Reply | Permalink
Mark my words: No member of that federal appeals court will EVER be a U.S. Attorney. Or a member of the Federalist Society, in all likelihood.
April 20, 2007 5:30 PM | Reply | Permalink
"The facts recounted in the Courts' opinion are unsavory. Georgia Thompson did subvert the procurement process established by the Wisconsin legislature, and the prosecution presented evidence that she did this for political reasons. . . So I think that this case is closer than most in the liberal blogosphere have characterized it as being. I am inclined to believe that Steven Biskupic pursued the prosecution in good faith."
I have to disagree with you pretty strongly here, on both the facts and the law. As for the facts, unfortunately the PDF of the decision doesn't allow block and copy, and it's too long a story to recite every detail here, but I invite the open-minded to read for themselves and judge. The simplified version is that two competing bidders were largely equal in overall ratings; one was in-state and had a lower price, the other scored higher on other factors. Thompson argued for the in-state one because it would be preferred by her boss for "political" reasons, although, as the court notes, those "political" reasons could have been perfectly innocent (awarding it to an in-state vendor might be more popular, or awarding it to the lower bidder might be more popular), or might have been "corrupt" (i.e., she received a $1,000 raise three months later). On a play-off between the two, it was a statistical dead heat (102.7 vs. 103.3); she rounded both off to 103, and gave the contract to the in-state bidder. Hardly a blatant "subversion" of the procurement process, and the court's decision pretty much says so.
As for the law, I'd refer you to my earlier post: the combination of no supporting precedent, unworkable practical consequences, and a violation of well-established canons of statutory construction pretty much translates to a bogus prosecution that should never have been brought. I would particularly stress that part of the court's decision where it notes that under the prosecution's interpretation of the statute, any court that later got reversed could be deemed to have committed a crime. That's the court's way of saying this interpretation was untenable.
April 20, 2007 5:33 PM | Reply | Permalink
Lawyers out there could speak to this question better than me. But when the court says it is "possible for prosecutors to believe, and public employees to deny, that a crime has occurred, and for both sides to act in good faith...." that *doesn't* sound to me like an excuse for the prosecution. On the contrary, it seems like it should be a red flag for a responsible, professional prosecutor, *not* to go haling off after a civil servant brandishing the threat of jail and disgrace. Isn't that precisely why the prosecution was "preposterous?"
April 20, 2007 5:35 PM | Reply | Permalink
So many questions have been asked in this comment thread about the WI AG and the Dane Co. Prosecutor. Just a few quick notes to add a little dimention:
1) Dane Co. Prosecutor was just coming off the biggest public corruption prosecution in Wisconsin history. His staff either got pleas or convictions from a HUGE number of our Assembly and Senate leaders plus their staff.
2) The WI AG (who I will state is a good friend of mine) had a really, really bad year. This is not to mitigate anything - quick run down - a DUI conviction in a state vehicle, a scandal of said use of that vehicle, a diagnosis of breast cancer, and a a brutal primary loss to a candidate of the Governor's inner circle.
3) the former WI AG also was the USA for the Western District of WI for 8 years under Bill Clinton.
4) the former WI AG also beat Steven Biskupic's brother for the AG position. This Biskupic brother subsequently was embroiled in a bribery scandal and ethics investigation that brought down his former D.A. boss.
I doubt whether Blanchard or Lautenschlager will ever comment on this case.
April 20, 2007 5:36 PM | Reply | Permalink
spell checked, forgot to change,
sorry.
April 20, 2007 5:38 PM | Reply | Permalink
"Biskupic says that he brought the charge in *consultation* with the state AG and county DA."
so we can assume that "Biskupic" can REMEMBER SOME FUCKING DETAILS OF WHAT HE DID
or are we gonna see another sorry assed repuglican lawyer tell us the "HE DOESN'T RECALL THINKING THAT" ???
hey, "Biskupic, if you think you're gonna develope another sorry assed case of amnesia, please let us know now
April 20, 2007 5:39 PM | Reply | Permalink
What about the Judge in the lower court decision? Who was the Judge - who appointed them? It seems to me that this decision is a slap at the Judge as much as the prosecutor.
April 20, 2007 6:03 PM | Reply | Permalink
The voter-fraud campaign being run out of the US attorney's office in
Milwaukee is far more than a misplaced priority.
Not only is the Republican's premise of an organized campaign of
voter fraud completely bogus, it is a mask for a real campaign of
voter fraud being run out of the White House.
What makes it so difficult to see is that it is-or was-hiding in
plain sight.
What happened in Wisconsin, with the full cooperation of cowed
Democrats like
Lautenschlager, Blanchard and Doyle, led not only to the railroading
of Georgia Thompson on little more than lies, it also led to the
truly cruel persecution and jailing of everyday folks like Kimberly
Prude of Milwaukee.
And all of this was sanctioned by a federal grand jury, the US
attorney in Milwaukee,
Judge Randa, a jury of peers, in fact every legal step in Wisconsin
approved of this cruelty, including ALL the established media. The
Wisconsin State Journal, the Capital Times, The Milwaukee
JournalSentinel; not one of them demanded a halt to the inquisitions
before the star chamber in Milwaukee, passed off as a bipartisan
investigatory tool, or grand jury.
And the broad 'investigation' into political corruption continues. Do
you suppose that this charade will have the nerve to present its
'findings' before the same discredited grand jury that indicted
Georgia Thompson?
Will the State Journal and all other media again twiddle their thumbs
on the sidelines while more hardened 'voters while black' and vicious
'questionable' campaign donors are publicly vilified?
Will ANYBODY bother to demand an end to the ongoing investigations
and the grand jury in Milwaukee?
Knowing what we now know about the White House political agenda
forced on the Attorney General, the Department of Justice and all
93 federal prosecutors throughout the country, it should be clear
that every investigation, indictment, case, prosecution, conviction
and jailing-every one of them-is tainted. And victims of these
tainted proceedings are fully justified in suing their defense
attorneys if they don't immediately sue to roll back this wave of
Bush/Rove/Republican criminality that has engulfed us all.
Where to start?
How about here? In Madison.
Disband the grand jury.
Halt the still ongoing investigation out of the US attorney's office.
Reveal the transcript of the Georgia Thompson grand jury. Anybody can
request a copy of this document-call the clerk of courts for details
( (414) 297-3372).
Shed some light on the role of the secret Federalist Society in all
this.
This is one of those times when angry citizens can recover some of
the rights and freedoms they so willingly gave up in the mistaken
belief that their security demanded it.
As we now know, we got took.
phil ball
428 north main st., philville
fort atkinson, wi
53538
920-397-724
pball9258@charter.net
April 20, 2007 6:12 PM | Reply | Permalink
Biskupic = Nifong
Yet another prosecutor willing to destroy the life of an innocent person in an attempt to get ahead. Only this time his masters were in the White House, in particular one named Rove. Notice how Gonzales could not say who came up with "The List". No one has been able to so far. Kyle Sampson said he just was an "aggregator"- he didn't come up with the names. It's obvious someone in the White House, probably Rove, chose who to put on the chopping block. And Gonzales chose to protect him till the bitter end- I came across looking like a complete idiot. These people are sick and twisted. They are ideologues who lost their sense of humanity. They are scary and they are freaks. And Biskupic is one of them.
April 20, 2007 6:17 PM | Reply | Permalink
If it were me, (which it isn't) I'd be trying to get Chiara; in this scathing letter to her boss she asks him to help her get a new job, while suggesting that the reasons why were discussed in previous EMAIL. Curious & familiar.
Perhaps she's ready to withdraw from the "informal witness protection program" (an equivication that so perverts justice that it is disgusting.) I wonder if she used that term because it was used on her when they asked her to resign?
It is a good short read:
http://i.a.cnn.net/cnn/2007/images/03/20/chiara.pdf
April 20, 2007 6:22 PM | Reply | Permalink
I haven't seen a word about the trial judge who allowed the jury's verdict to stand. (Judges can throw out jury verdicts, for those who don't know that.) Who was he or she and does he or she have a history of bias or incompetence?
April 20, 2007 6:23 PM | Reply | Permalink
Phil: ditto! Then Ohio & Florida, at least!
April 20, 2007 6:29 PM | Reply | Permalink
In furtherance of my earlier suggestion that the decision was written so that lawyers would get the message but the media could't quote any direct criticism of the prosecution, I note that Eugene Volokh at Volokh conspiracy had the following comment on the decision: "I just read it, and it's pretty shocking how aggressive the prosecution's theory was."
April 20, 2007 6:37 PM | Reply | Permalink
Wisconsin Sees Its Reflection In The Georgia Thompson Case: Guest Post
My longtime friend and former Madison Mayoral staff colleague Phil Ball offers a commentary on the implications of the Georgia Thompson case: 

What galls is the injustice of it. Take a close look. 

The process itself led to the near-destruction of Georgia Thompson. She was a victim of supposedly seamless legal procedures and safeguards, the pride of American jurisprudence - - and also victimized by a falsified political debate and failed free press. 

True, the US Seventh Circuit Court of Appeals in Chicago, a part of the system, made short shrift of all the nonsense that came before it, ordering Thompson freed with a single majestic assertion of street clarity; 'Bullshit!' 

But here in Wisconsin, all the instruments agreed that she was guilty, beginning with 'independent' federal prosecutors, citizen grand juries, free and objective media, open trial before a jury of peers, public debate of the facts - - all of it overseen by a competent judiciary and duly reported and commented on a near daily basis. 

The result; an honorable, innocent life nearly destroyed. 

Compounding this travesty was the follow-on.

From the Governor on down, public figures and the usual opportunists condemned graft and corruption in general and Georgia Thompson in particular by name and by implication. Liberal and conservative, Democrat and Republican - - it made no difference, before or after the fact of conviction: Georgia Thompson was stoned in the stocks on the public square.

How could this happen? 

With formal safeguards exhausted or complicit in the crime, all that remained between Georgia Thompson and gross injustice was the hope for the voice of a righteous individual saying, "No. This is wrong. The judge, jury, prosecutors, grand jurors, newspapers, they are all wrong. The people are wrong." 

But public leaders who knew better nonetheless censored themselves, at best. At worst, they joined the pack of jackals that perpetrated this shameful act in condemning Georgia Thompson.

Was the prosecution of Georgia Thompson orchestrated by Republicans as part of the Bush strategy nationally to politicize the whole system of federal prosecutors, and in Wisconsin, to embarrass Democrats and Gov. Jim Doyle in particular?

Could this have happened if Doyle and others who clearly knew that this was a sham prosecution had stood up at the start and said, "This is political abuse of an innocent public servant and I won't allow it. I will fight for Georgia Thompson's rights."?

I like Jim Doyle. Always have. But there are times when he is cautious to a flaw. In this instance, it cost Georgia Thompson dearly. 

For the rest of us who stood by and watched - - well, it doesn't make you proud to be a Badger, does it?
posted by Phil Ball in Jim Rowen's blog, April 8, 2007, atÂ
thepoliticalenvironment.blogspot.com
April 20, 2007 6:38 PM | Reply | Permalink
You ask how a jury convicted Thompson if the evidence was so flimsy (as per the Appeals Court). Answer: Because the Wisconsin media was aflame for weeks with stories about the case before it went to trial, stories aided and abetted by Republican Party operatives. The party ran many thousands of dollars of TV and print ads using the Thompson allegations in the governor's race. It was an election year. No wonder some of the jurors were convinced, in advance, that something not just questionable (if legal) but downright criminal had happened here. Even if they'd been sequestered, they were instructed by Judge Randa, a tough-guy type (and Federalist Society member).
From the Waukesha (WI) Freeman (especially note the last graf):
> Mark Jefferson, executive director of the Republican Party of Wisconsin, said he was unaware of any pressure from Republicans for Biskupic to bring charges.
> He continued to insist Friday the case raised questions about whether Thompson was pressured by Doyle aides to award the contract to Adelman Travel Group.
> Jefferson also defended using Thompson in television ads, saying even some jurors questioned whether others were involved.
April 20, 2007 6:49 PM | Reply | Permalink
If YOU wanna monkey-wrench these mother fuckers, here's how you do it. The same judge who presided over this travesty in Wisconsin, Judge Rudolph Randa, a proud Federalist socialite, is also the grantor of access to the TRANSCRIPT of the Grand Jury that indicted Georgia Thompson.
You are going to request your copy of this transcript by
calling the federal clerk of courts at (414) 297-3372 and
asking for instructions.
Or write to:
Judge Rudolph Randa
517 E Wisconsin Ave
Chamber 310
Milwaukee, WI 53202
Case Number: 06CR20
Enclose a written request for the transcript of the grand jury proceedings that led to the indictment of Georgia Thompson.
Give the case number(see above), sign it and send it.
And remember, as the 7th Circuit CA stated so clearly,
the fraudulent application of the law was followed by a fraudulent conviction.
Post hoax ergo propter hoax.
So saddle up mis amigas y amigos.
Rodemos!
April 20, 2007 7:54 PM | Reply | Permalink
code word: judge
Just interesting, that's all.
April 20, 2007 7:55 PM | Reply | Permalink
From the Milwaukee Journal Sentinel:
> Biskupic has asserted repeatedly that he pursued the prosecution in conjunction with [Democratic State Attorney General] Lautenschlager and [nonpartisan Dane County District Attorney] Blanchard.
> In recent interviews, Blanchard, Lautenschlager and her top deputy, Dan Bach, said they participated in meetings in which the investigation of Thompson was discussed. But the final decision to charge Thompson was made by Biskupic, they said.
April 20, 2007 8:27 PM | Reply | Permalink
Now, who is going to pay for the poor woman's loss of freedom, savings, and home?
Biskupic destroyed this woman's life to save his miserable ass. He should be accountable for her losses. I don't know how this guy sleeps at night.
April 20, 2007 8:42 PM | Reply | Permalink
Dear r€nato --
Yes, considering all that has happened in just the last week, it does seem that those who find the posting of "codes" offensive could put the matter in perspective and simply live and let live. For everyone who objects to comments on the code I suspect that there is at least one person who objects to comments on the comments. Surely there is more to be concerned about.
April 20, 2007 9:09 PM | Reply | Permalink
If you read the Court of Appeals opinion, she was convicted of violating Section 666.
You'd think that would give a Regent grad the willies.
April 20, 2007 9:13 PM | Reply | Permalink
Shorter Easterbrook: the US did not prove "scienter" which is an element of the crime. Unfortunately, Easterbrook, who is a legend in his own mind, never says this in the opinion. I think this is on purpose. It is a terribly written opinion. Fourteen pages to write what could have been said in four?
Easterbrook is part of the Federalist brotherhood. Two other members of the panel are not. What else do you need to know?
April 20, 2007 9:24 PM | Reply | Permalink
I don't like all the language in there about proving a political intent.
Karl might.
Codeword: false
April 20, 2007 9:27 PM | Reply | Permalink
The Dem. AG, Peg Lautenschlager, lost the Dem primary to a candidate backed by
Gov Doyle, due to a DUI and misuse of state property controversy. She was somewhat embittered,
and did attend meetings of the USA's corruption probe along with the Dane County DA Blanchard;
the truth is that although many Dems knew the probe was politicized fromt the getgo, they were cowed by their own fear that indeed there might be some corruption. So they said 'of course we'll cooperate'/
Their mistake, due wholly to gutlessness and political opportinism, was in allowing baseless charges to be pursued after the USA was able to obtain an indictment from his GJ. When that happened, the Dems, and all msm in wisconsin, joined the hunt.
Lautenschlager and Blanchard had their own agendas, the usual trivial local political thing. And neither had anything to do with the decision to prosecute. Fact is, they were little more than windowdressing.
But their signifigance in all of this sad story was inderlined when Gonzo essentially fingered them as complicitous and culpable in the lynching of Georgia Thompson and a score of innocents in Milwaukee on beyond trivial voter-fraud charges.
April 20, 2007 10:12 PM | Reply | Permalink
"So they crafted the decision so that any lawyer reading it would clearly get the message (i.e., that this prosecution should never have taken place), but there would be no passage in the decision that the media/politicians could quote as saying so in so many words..."
That's exactly what Easterbrook did. He also threw the trial judge under the bus a couple of times.I loved the part where he said if the government's theory that it can prosecute a government employee found to have mistakenly applied the law, then it stands to reason, if a court is overruled by a higher court, then the lower court judge is just as guilty of the same crime.
That plus ordering a finding of acquittal (instead of just reversing the conv1t), I've never seen an appeals court shiv a trial judge like this.
Clearly the circuit judges were pissed that the defendant wasn't given the courtesy of bail while this was being appealed.
April 20, 2007 10:16 PM | Reply | Permalink
I'm not quite sure which .pdf some of the commenters here have read. I found no recitation of facts that seriously questioned Ms. Thompson's actions.
The appellate court used exquisitely bland academic descriptions of Ms. Thompson's actions, and the relevant WI and federal statutes. Even when viewing the facts from a perspective most favorable to the government, it found no facts to support a finding that Ms. Thompson broke any federal or state laws.
The WI purchasing rules explicit incorporate objective and subjective factors. The objective facts put Adelman at or near the top. In the run-off, which was legitimately called, Adelman came within ten thousandths of a point of the "leader's" score, what many people, including professional purchasing agents, would call a draw.
Ms. Thompson had a preference for an in-state supplier rather than an out-of-state one. WI would have received fair value from either vendor and Ms. Thompson recommended one over the other. A routine act of purchasing replicated thousands of times a day.
What was galling was the federal prosecutors attempt to federalize and criminalize this behavior.
The prosecutor also alleged, in an effort to show that Ms. Thompson personally gained from this decision, that a routine annual raise equivalent to about 1.5%, determined by an independent review board, was paid in part as a "reward" for improperly "steering" this contract to Adelman. The prosecutor apparently came to this peculiar reading without looking at any other items related to Ms. Thompson's performance for the preceding year.
Collectively, the federal prosecutor's arguments would lead to the litigation of thousands of cases at great expense, where the states involved had suffered no loss. An absurd result, which the appellate court immediately recognized, causing it to order Thompson's immediate release.
April 20, 2007 10:32 PM | Reply | Permalink
Why is Biskupic addressing the Fed Soc in the shot? Paul, do you have the facts on if he was a member? For what period?
April 20, 2007 10:58 PM | Reply | Permalink
This is the most DISHONEST recounting of an appellate court decision I have ever read.
The Court took the prosecutor off the hook as to any question of good faith, and laid the blame squarely at the feet of Congress for the language of the statutes, and in the jurisprudence of the Supreme Court which makes the line between corrupt practices by state employees and merely good politics by those same employees sometimes impossible to find.
More later.
April 20, 2007 11:08 PM | Reply | Permalink
Here's a clue Buck Batard: "scienter" is not political intent. "Scienter" means intent to do an act knowing it is against the law. In this case to defraud a victim like the taxpayers. All Easterbrook's gobblydegook about mistake, embezzlement and misappropriation is to give cover to Biskupic. Biskupic had no evidence that Thompson acted with such intent. That's all he needed to say.
April 21, 2007 12:06 AM | Reply | Permalink
JS Online has an audio of the oral arguments from Thompson's appeal. It's only 30 minutes long but worth a listen, partuclarly the second half where the judges reduce the Assistant USA to a stuttering mess.
http://www.jsonline.com/story/index.aspx?id=587339
April 21, 2007 12:14 AM | Reply | Permalink
"I have to disagree with you pretty strongly here, on both the facts and the law. ... Hardly a blatant "subversion" of the procurement process, and the court's decision pretty much says so."
She clearly did subvert the procurement process under the facts accepted by the Court. Wisconsin apparently has an idiotic procurement process that values subjective scores on a bidders' oral presentations almost as highly as it values who offers the lowest bid. The Court seemed unconcerned about her subversion of the process because she was championing the lowest bidder, which arguably benefits Wisconsin. Nonetheless, that idiotic process is the one created by the Wisconsin legislature and it therefore should be honored by the civil servants charged with administering it.
There was definitely something unsavory about her actions here, although as previously said, I am persuaded by the Court's reasoning on why the prosecution failed to prove its case beyond a reasonable doubt.
April 21, 2007 2:47 AM | Reply | Permalink
From page 3 of the Court's opinion: "Thompson tried to engage in logrolling, offering to change her scores for bidders on other travel contracts if members of the working group would change their scores on this contract." Opinion, p. 3.
That's unsavory. The Court seems to excuse Thompson's subversion of the procurement process because the process is so idiotic and because Thompson may have had the best interest of Wisconsin at heart (and I agree with the Court on those points). I also agree that Thompson should not have been prosecuted. Nonetheless, as a civil servant Thompson should faithfully uphold the process created by the legislature, even if it is idiotic.
April 21, 2007 3:05 AM | Reply | Permalink
That's not unsavory, that's life.
Call it horsetrading, call it what you like, but speaking as an administrator it's how a lot of the system gets done. And not just in government but in business, medicine, universities, the military, wherever there are two or more humans who have to negotiate something. If all the rules were followed precisely nothing would ever get done. It's easy to say "well, if it doesn't work just change things" but if it were so easy you wouldn't get those "stupid laws still on the books" funny news items from time to time.
Hell, it's widely recognized. How many movies or TV shows featuring military units have had a bit where the heroes "acquire" needed supplies either through unofficial trading or by not quite following the strict rules and filling out the needed paperwork? There's a reason it's a cliche.
Let's put it this way: if a cop pulls you over for speeding but says that given there was no one else on the road, you weren't driving dangerously, and it was only a little fast, she'll let you off with a warning, are you going to seriously try and tell me you'd demand she in fact issue the ticket and take points of your license because according to the strict interpretation of the rules she was required to?
April 21, 2007 3:48 AM | Reply | Permalink
MAL, in Madison: I've been told that Biscupic is not a member of the Federalist Society, however many members of his staff are as is the Chief Justice Randa. Its an open question as to whether or not membership is a hiring criterion, as it seems to have been in Gonzo's shop where it appeared on a subponeaed list of USAs along with their ratings.
Wouldn't you think that some enterprising journalist would follow this thread, bring a little clarity to the matter?
Phil Ball
April 21, 2007 8:21 AM | Reply | Permalink
There is nothing unsavory in the recitation of the facts, except the appellate court's obligation to view them in a light most favorable to the govt, notwithstanding which, they voted unanimously for reversal and immediate discharge.
The long list of possible interpretations of Ms. Thompson's behavior was disingenous, at best. It mentions nothing, nothing, in the record to suggest that Biskupic submitted evidence about any of them. The court was giving Orrin Hatch, reinterpreting Biskupic's possible, but unstated motives, presumably to avoid his necessary legal opinion from fanning the political firestorm. Just as Hatch gave Mr. Gonzales during his hearing.
More to the point, what motives did this court think Biskupic had that it did not recite in this decision?
April 21, 2007 10:10 AM | Reply | Permalink
Correction: The appellate court entered an order of acquital and not a mere reversal.
What was unsavory was not the recitation of the facts, or the court's viewing them in a light most favorable to the govt, but that it went so far out of its way to imply that it was possible to infer criminal wrongdoing from everyday acts and laws not nearly as vague as the court suggested, even while concluding that it was grossly unjust to do so in the case of Ms. Thompson.
I think that's called a Solomonic slicing of the baby, correctly acquiting Ms. Thompson of wrongdoing while trying to protect the prosecutor from claims of unethical conduct. A careful maneuver that takes considerable intent and dexterity. Sadly, in this case, I think that does more harm while trying to do good: it frees Ms. Thompson from further unjust punishment and blame, but protects the prosecutor and political party that intentionally caused it.
April 21, 2007 10:23 AM | Reply | Permalink
I appreciate your thoughtful account of this very interesting case. A small quibble: as a retired civil servant, I dislike the routine use of the term "bureaucrat," a favorite of the Grover Norquist all-government-is-evil types. How about public employee, civil servant, public servant...? Especially when individuals are thoughtfully carrying out their responsibilities and are not behaving particularly "bureaucratic." Thank you.
April 21, 2007 10:37 AM | Reply | Permalink
I hope this in OT here.
Just read an article posted at the Atlantic Free Press about an African-American preacher from western Michigan, Rev.Pinkney, who was convicted of voter fraud for paying someone $5.00 to recruit people to pass out leaflets. He is currently under house arrest and is facing up to 20 years in prison.
Is this another wrongful conviction?
They Got The Wrong Guy
by Jayne Lyn Stahl
http://www.atlanticfreepress.com/content/view/1423/81/
April 21, 2007 11:11 AM | Reply | Permalink
Not really germane to the topic, but is Biskupic related to (as in, a clone of) Ralph Reed? The resemblance is kind of striking.
April 21, 2007 12:24 PM | Reply | Permalink
re tying this stuff to the White House/Rove:
was the local right wing talk radio talent helping fry Georgia Thompson and is there a pattern?
one thing many of these fired prosecutor cases have in common is that the 'evaluations/excuses' used to fire them are related to exaggerated or unsubstantiated cases of dem corruption and rumors of dems/illegal aliens stealing votes.
so, if the local right wing blowhards were part of the get Thompson campaign were they merely reacting to what they saw in the morning papers like everyone else, or were they getting the latest news on the phone or emails from GOP operatives?
talk radio is rove's best propaganda tool- the dittoheads are Bush's biggest single homogenous base element. no other medium allows the same level of unchallenged repetition. the local and national radio blowhards may have been reacting independently on these issues but they really don't do much of their own research. that's part of beauty of being a high paid GOP radio loudmouth (just like being a modern GOP representative)- they just have to memorize the talking points- they get regular emails and faxes from various GOP sources and it would be naive not to assume those sources are not centralized somehow and that rove isn't at least watching it. more likely it was part of their general election/PR campaign.
in NM the local right wing talkers at 770KKOB went nuts on these issues before the elections to help heather wilson over patricia madrid (like they did Wen Ho Lee at Los Alamos -tying richardson, gore, clinton to the chi-coms). there was real corruption there (NM), and has been, but they used talk radio to help pressure iglesias, either generally or through their devoted dittoheads pressuring Domenici, to help them use it for the election. unfortunately for Domenici and Bush/Rove, it might have bit them back.
it may be useful in investigating the prosecutor mess, and trying to find ties to the White House, for Dem investigators to tie it to the general GOP PR campaign and specifically to Rove's vastly underestimated ground troops- talk radio.
April 21, 2007 12:40 PM | Reply | Permalink
My wife is in jail awaiting trial. She is charged with DUI, possession of crack, and tampering with evidence. She was stopped by a cop as she was driving down the road minding her own business. He arrested her for DUI even though her blood alcohol was 0.00 and no trace of drugs was detected in her blood. She was practically strip searched beside the road in full view of passing traffic and 3 cops each searched her car three times, including the trunk. No drugs, residue, or paraphernalia were found. The arresting officer produced a rock of crack from somewhere and accused her of hiding it beneath his back seat. At the suppression hearing, he testified that he found it next to her on the back seat of his car. The trial judge denied her motion to suppress because, as he put it, the crack was in plain view on the seat next to her in her car. Therefore, he concluded that the cop had probable cause to arrest her. Oh, and guess what? She didn't violate any traffic laws.
She was free on bail but so traumatized by the arrest and criminal assist by the judge that she has attempted suicide twice. So, the judge revoked her bond and threw her in jail because she was a danger to others. The jail placed her in solitary confinement that induced a psychotic break. Her trial isn't scheduled until October.
This is what passes for justice in Kentucky.
April 21, 2007 12:58 PM | Reply | Permalink
Prosecutorial Misconduct - that and greed are huge threats to liberty .
April 21, 2007 1:22 PM | Reply | Permalink
If you are wondering why she was selected to receive Kentucky's Finest Award, rest in peace. You need look no further than the west coast license.
Rule #1: Don't visit or move to Kentucky;
Rule #2: If you move there, obtain Kentucky license plates before you do anything else;
Rule #3: Join a fundamentalist church so that you can pray to get your very own self right with God on Sunday and prey on everyone else Monday through Saturday;
Rule #4 Violation of Rule #1 followed by compliance with Rules #2 and #3 won't do you a damn bit of good, if your skin is black or brown.
Rule #5: Get used to drinking Bud Light and discussing the latest NASCAR race. Ideally, this skill should be acquired before crossing the border into CAIN-TUCK-EEEEEEEEEEEEE!!!!!!!!!!
April 21, 2007 2:10 PM | Reply | Permalink
Steve Biskupic's correct title is the US Attorney for the Eastern District of Wisconsin not the U.S. Attorney for Milwaukee
April 21, 2007 3:09 PM | Reply | Permalink
Paul,
Regarding your update:
Frank Easterbrook a "stone genius"??? C'mon. Frank was a year behind me at Swarthmore College and in the University of Chicago Law School. Since then, he's been a law professor and a judge with a big reputation for "law and economics," and I've been a civil rights lawyer in private practice.
Bright? Yes. Sometimes "precious"? Yes. Competes with Judge Posner, each in trying to write opinions that are more provocative and dismissive of the thoughts of others? Yes. "Stone genius"? No.
The Thompson case was probably an example of very questionable exercise of prosecutorial judgment by a lawyer who hob nobs with the Federalist Society. I can't imagine such a case being brought against a Republican public official. It's gratifying to have a very borderline criminal prosecution for public corruption thrown out by a judge who was in the Solicitor General's office under Richard Nixon. But this case is not a very good example for a Congressional committee to use to beat up Biskupic for toeing a party line and/or toadying to Rove on public corruption. In fact, the case was pretty similar to lots of appellate opinions I have read over the years applying the federal white collar crime statutes -- except that instead of rubber-stamping the prosecutor's application of the statute, Easterbrook was highly offended.
Easterbrook's characterization of the evidence as "beyond thin" had more to do with Frank's policy preferences and his gut reaction that a real miscarriage of justice occurred than it had to do with the actual evidence in the case.
When I read the opinion in this case, I found it to be typical of many Easterbrook opinions in that he uses a pseudo-"folksy" voice and that he injects many assessments of "facts" in the record that appear to be inconsistent with the role of the appeals judge. Like a majority of Reagan-Bush judicial appointees, he substitutes his judgment of what the facts are for the judgment that the jury applied in reaching its verdict. Frank filled pages of the opinion with his evaluations of what Thompson may have been thinking and with Frank's own policy preferences about the regulation of state procurement practices.
A proper appellate opinion would have simply summarized the facts, set out the language of the two statutes under which the indictment was brought, and applied the Rule of Lenity. The Rule of Lenity is a sensible notion: if the language in the statute does not clearly prohibit the conduct in question, it's not fair to tell the citizen (after the fact) that, oops, you broke the law and I get to send you to jail.
There may be documents that show a taint on the events that led to the Thompson prosecution. But if not, using this case to extend the narrative of "politicizing the Justice Department" to Biskupic's office could easily backfire.
April 22, 2007 4:46 AM | Reply | Permalink
This is the brother of Gregg Easterbrook, the columnist, correct?
If so, lengthy pontification must run in the family.
April 23, 2007 4:52 PM | Reply | Permalink