Pubdate: Fri, 19 Apr 2002
Source: Washington Times (DC)
Copyright: 2002 News World Communications, Inc.
Contact:  http://www.washingtontimes.com/
Details: http://www.mapinc.org/media/492
Author: Paul Craig Roberts
Note: Paul Craig Roberts is a nationally syndicated columnist.
Alert: It Is Not OK To Evict Granny http://www.mapinc.org/alert/0237.html

CULTURE PROBLEMS AT JUSTICE

The U.S. Department of Justice's indictment of the entire Arthur Andersen 
accounting firm for the actions of a few is a worse offense against law 
than the misleading accounting that hid Enron's debt.

Dramatic evidence of a deteriorating legal culture, the indictment of 
Andersen contravenes two primary principles of our legal system: guilt 
requires intent to commit a crime and people are responsible only for their 
own acts.

The DOJ's indictment of Andersen vitiates both principles. Seven thousand 
people are being held accountable for the actions of three or four. Enron's 
accounting practices clearly produced misleading and irresponsible 
financial reports, but it is not clear that the practices were illegal or a 
criminal conspiracy. Doubts did not prevent the DOJ from rushing to make a 
criminal case out of a civil one.

Proceeding along familiar lines, the DOJ has "turned" David Duncan, the 
Andersen partner responsible for offloading Enron's debts onto 
partnerships, into a witness against Andersen and Enron. Mr. Duncan will 
now largely escape punishment. His testimony will be used to convict 
whomever the DOJ has targeted.

The DOJ's disregard for law and justice is shared by the U.S. Supreme Court 
and by state prosecutors. A decade ago, Charles Keating -- head of American 
Continental Corp. -- was convicted in a California court for actions of 
subordinates about which he knew nothing. Mr. Keating served more than four 
years in prison before federal judge John G. Davies ordered him released, 
declaring Keating's conviction to be a violation of mens rea (no crime 
without intent) and the prohibition against ex post facto law.

Federal drug laws also endorse the punishment of innocents. Homes, boats, 
cars, land and businesses can be seized if a visitor, family member, 
customer, renter or trespasser brings drugs on the premises.

Last month, the U.S. Supreme Court extended this injustice to the residents 
of public housing by upholding the "no tolerance" policy, which allows a 
public housing authority to evict tenants because of drug activity by other 
people.

In one case, a 76-year-old disabled man was evicted because his caretaker 
brought cocaine into the apartment. In another case, an elderly woman was 
evicted because her mentally disabled daughter, who lived with her, was 
found in possession of cocaine in a location blocks away from the apartment.

These extraordinary injustices are tallied as victories in the war on crime.

Fighting crime with crime does not disturb the U.S. Supreme Court. Nor does 
it disturb the DOJ, the American Bar Association, legislators, governors, 
liberals or conservatives.

The American public has peacefully come to live under the sway of 
prosecutors, who indict innocent people for crimes that have not been 
committed by them or by anyone else.

The precedent-setting case was the DOJ's criminal indictment of Exxon for 
an accidental oil spill. In 1989 the Valdez oil tanker ran aground off the 
coast of Alaska in Prince William Sound. The DOJ indicted Exxon in addition 
to the shipping company on criminal charges of dumping refuse without a 
permit and killing migratory birds without a hunting license.

Everyone knew that $150 million worth of crude oil was not refuse and that 
Exxon had not run the tanker aground in order to kill birds with crude oil. 
The DOJ reasoned, correctly, that its vastly overdrawn indictment would 
coerce Exxon into a record settlement.

The most important change in the United States during the 20th century was 
the metamorphosis of the meaning of justice from protecting the innocent to 
income redistribution and special privileges for preferred "victim" groups.

In the 21st century, the currency of the "justice system" is no longer 
justice. U.S. prisons overflow with people coerced into plea bargains by 
overdrawn and expansive indictments. The new institution of the private 
prison demands ever more prisoners for a return on investment. The rising 
tide of inmates is considered evidence that the United States is winning 
the "war on crime."

No other nation on Earth -- not even arbitrary and tyrannical China -- has 
anywhere near the same proportion of its people in prison as does the 
United States. The United States will never recover from the malaise of 
injustice as long as the DOJ sets the example by overdrawing indictments 
and fabricating charges.
- ---
MAP posted-by: Ariel