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Justice Run Amuck PDF Print E-mail
by Tara Ross    Tue, Jun 19, 2007, 12:47 PM

The American justice system has been the focus of much attention in recent weeks. A judge in Washington, D.C., decided that former Cheney chief of staff Scooter Libby must go to jail while appeals of his conviction are still pending. In North Carolina, former district attorney Mike Nifong was brought up on ethics charges before his state bar. On the other side of the country, in California, Paris Hilton’s tenure in the Los Angeles jail system has become fodder for practically every gossip columnist in the country.

These events have more in common than one might think at first glance.

In this country, prosecutors and judges are too often free to wield their power, with impunity, against American citizens. Worse, the TV-watching public enables these abuses: Viewers are sometimes too willing to make quick judgments based on partisan, racial, or other considerations. Indeed, with some defendants, the public’s quick acceptance of prosecutorial and judicial decision-making is best described by one word: schadenfreude.

Today, an overreaching criminal justice system is entertaining television. But tomorrow the prosecutor could have his sights set on you. Guess the pleasure once taken in others’ misfortunes would suddenly be a lot less amusing.

Consider Scooter Libby. The case against him would not have been brought but for a partisan appetite to take down President Bush. The special prosecutor, Patrick Fitzgerald, began a criminal investigation into the leaking of Valerie Plame’s name, even though he knew that the leak was not a crime. (Plame is not a “covered person” under the relevant criminal statute.) Moreover, Fitzgerald knew, early on, who leaked the name: State Department official Richard Armitage , not Libby. Under such a set of circumstances, why did Fitzgerald continue his witch hunt to catch someone, anyone, in a misstatement? He wielded his power ruthlessly, not because he was enforcing the law (no law had been broken), but because he succumbed to partisan demands. And now Libby, a long-time public servant, is headed to jail for 30 months because he couldn’t remember, with precision, conversations that occurred long before he was asked to testify—conversations that probably seemed unimportant at the time they occurred. How awful that so few people care about the fate of Libby. Any of us could have been caught in such a trap.

On the other hand, Nifong is the rare public official who gets called to account for prosecutorial overreach. His blatant disregard of exculpatory evidence was nothing short of shocking and deserved to be punished. His disbarment on Saturday is a victory for the justice system. Yet some aspects of this series of events are still very disturbing. Why were many people so willing to leap to conclusions about the Duke Lacrosse players, even as Nifong’s questionable prosecutorial decisions came to light? Otherwise commendable students, such as Reade Seligmann, should not be attacked simply because they are white and attend elite schools. But huge segments of the population did just that. Much of the Duke community jumped to erroneous conclusions, quickly condemning the Lacrosse players as racist rapists. Did they enjoy watching students that they perceived as “white, rich boys” get taken down a peg or two? Sadly, these players were forced to endure months of misery, spending millions of dollars on legal fees, before they were finally exonerated. Nifong deserved to be disbarred, but these boys did not deserve the treatment that they received at the hands of an uncaring public.

And then there is Paris. This is one author who never thought she would write a column sympathizing with Paris Hilton, but this month’s shameless display of schadenfreude really should not go unnoted. Naturally, many of Paris’s actions are indefensible. A DUI is serious business, as is breaking probation. But equally serious is the attitude of the populace toward cases such as Paris’s. Many have expressed more than simple satisfaction at justice served. Instead, some people seem positively giddy because a wealthy, beautiful woman is having a hard time. The fact that her punishment might be unusually harsh (compared to others in like circumstances) seems unimportant to many. Indeed, some news commentators laugh at Paris’s predicament, treating it like a big joke aimed at someone with a bad case of “Extreme Spoiled Brat-ititis.” They obviously derive great amusement from watching someone so “snobby” get taken down a peg or two. The situation is reminiscent of the treatment given to Martha Stewart a few years ago.

Such attitudes are sickening. The criminal justice system does not exist to deflate big egos, to make partisan statements, or to penalize people that are disliked. The system exists to punish crime. Nothing more, nothing less. Application of the law should be neutral, free from personal considerations. After all, if judges, juries, and prosecutors can mistreat Libby because they dislike his politics, attack innocent students because their skin is the wrong color and an election is approaching, or treat someone like Paris harshly because they think her life has been too easy so far—well, what is to stop some jury someday from treating you harshly because they have a bad perception of you?

Nothing. And that’s the scary lesson to be learned from the past few weeks of news headlines, if Americans choose to learn it.

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Comments (9)add comment
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written by Ed Cognoski , June 20, 2007

"In this country, prosecutors and judges are too often free to wield their power, with impunity, against American citizens."

No, they aren't. They are all subject to the US Constitution, ultimately interpreted by the Supreme Court, which changes its mind with glacial slowness (although global warming has made that cliche outdated, hasn't it?). All Tara Ross means is that the US Constitution doesn't always support what she would like to see happen in courts.



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written by HSH , June 20, 2007

The issue of whether or not Valerie Plame was a "covered person" per the statute was never decided. Many Constitutional experts believe she was; others don't. Regardless, outing her put many of her contacts in jeopardy. That was never disputed. What was done to her should never be done to anyone, especially by an administration wrapping itself in the "War on Terror."


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written by bk , June 20, 2007

I'm glad Tara has Ed to tell her what she means. We are all fortunate indeed to have Ed interpret the world for us.

Being subject to the constitution does not always mean everything works out rosy in the end. They are free to wield their power unless someone stops them, which often does not happen. If no one stops them, then they are free indeed, unless Ed is positing that the system is perfect. Put another way, a crooked or unethical prosecutor never says, "Whoops, I can't do that. I'm subject to the constitution and the Supreme Court." The Constitution and the Court stop individual wrongful action; it does not prevent it. I'm sure the liberals will agree with me, since they have spent long years stating the death penalty does not deter.

And, HSH, the administration did not "out" Plume. Richard Armitage did.
By your lights, the entire Clinton administration is guilty of adultery and the entire Congress of bribery, due to Mr. Jefferson's extracurriculars.

I see the demo. talking points have shifted from "hate" and "worst President ever (in recent history)" to denying the War on Terror exists. Do you really believe that?



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written by Ed Cognoski , June 20, 2007

Tara Ross reminds me of nothing so much as the Clinton defenders who argued that sex between consenting adults was not a crime. I guess telling the truth on the witness stand is important when you're being grilled by a special prosecutor about your private sex life, but lying is no big deal when you're being asked about what you said to whom about matters of national security like war and peace.


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written by HSH , June 20, 2007

Ed, apparently lying to the FBI is acceptable and legal to Ms. Ross. BK, yes, the Bush Administration did out Ms. Plame. Richard Armitage at that time was #2 at the State Dept. Also, at Libby's trial, both Tim Russert and Bob Woodward testified that they were told by Karl Rove, although they did not repeat the info until after Novak. I guess any time the Bush Administration breaks the law or fudges the facts its okay. Terrorists exist, the War on Terror is simply a brand without a product.


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written by Jim B , June 20, 2007

Not everyone is for democracy, an enlightened rule of the people. There are two extremes, one being unchecked personal liberty and the other overbearing authority. Both sides can take pleasure in abusing the system. Democracy works best when selfless interest rules and the common good takes precidence. The opposite is taking place in the Middle East with groups doing all that they can to destroy democracy by waging war on the people and blocking the efforts to achieve peace. Jefferson pointed out that there were two types of tyrrants.


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written by Matt Pate , June 20, 2007

Tara's point seems to have been lost on most commentators - it appears that she, simply put, is stating that the public's general disregard (and frequent encouragement) of prosecutorial excesses has real consequences. Libby is going to jail because his recollection differed from other witnesses regarding an investigation that only the prosecutor knew was over. The Duke Lacrosse players only managed to escape decades in jail because the case against them collapsed in such a monumental fashion AND the prosecutor attempted to conceal aspects of this fact. Paris is in (and out of and back in) jail because, well, because she's an idiot. Regardless, the point is that prosecutors and judges often exercise their power as if they are unaccountable - not coincidentally because the public is falling down on its duty to hold them to account (the protections afforded by the Constitution and US Supreme Court some years after the fact notwithstanding).


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written by insider , June 20, 2007

It was well known around washington that plame worked for the CIA. She and Wilson are just media hogs with an agenda. And the CIA is just another in a long list of criminally inept Federal agencies.


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written by HSH , June 21, 2007

Well known by whom? That's nothing but hyperbole. I have heard interviews with many prominent journalists in Washington (maybe you should try watching Washington Week in Review for a change), all of whom said they had no idea she was CIA ops. Insider, you should try to find some other sources of information besides Karl Rove's talking points.



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