February 4, 2004, The Law In All Its Majesty
I will continue to restrain myself from commenting on the Martha Stewart trial (besides noting that it is a politically convenient travesty while Ken Lay roams free and uncharged), other than to picture this exchange:
Prosecutor: Ms. Stewart, I show you Government's Exhibit 1. Tell me, if you can, what you can make of it?
Ms. Stewart: Well, if you tear off this part, and fold it this way, and turn it over like this, and just add glue (I have my gluestick here...) Yes... you make an excellent napkin ring. Its a GOOD thing.
OK, I couldn't help it.
What the fuck does the Massachusetts Supreme Judicial Court think its doing by refusing the legislature's sensible request to permit civil unions? I'll tell you what it's doing: its playing to yet another Democratic fringe pressure group, at the expense of everyone else. Because that court has now just thrown fresh meat to a Bush-Cheney campaign already reeling amidst (Massachusetts' own, for God's sake) Senator Kerry's sudden strength, the Iraq WMD allegations, a stagnant economy, and a really lousy state of the union speech.
Yes, the decision is "legally" right. But it is so politically wrong as to warrant whatever legal gymnastics would be necessary to make it more palatable.
The civil union idea was a good one. Too bad the justices of the MSJC are so damned tone deaf.
Comments
1) Ken Lay may be close to being in trouble, with Andy Fastow's recent plea agreement.
2) Assuming that the allegations are true, the case against Stewart is relatively straightforward -- at least, on the false statements and obstruction of justice charges.
Posted by Tung Yin at February 4, 2004 10:46 PM
what if they already have OBL stashed away somewhere and are just waiting to trot him out at the right moment as determined by the campaign manager for GWB?
Posted by Sarah at February 5, 2004 07:32 PM
Tung Yin--
Kenny Boy's case will screw around for a while; certainly until... next January, when he gets a pardon? The allegations against Stewart-- that she "obstructed justice" by attempting to defend herself-- seem troubling. Maybe I'm missing something.
Sarah--
They do NOT have bin Laden in custody. These guys are like little kids-- they have to tell EVERYBODY what they have the second they have it, even if it might jeopardize people in the field or undermine intelligence gathering by doing it. Besides-- its an open secret that OBL is in the NWFP, those who need to know know exactly where. They can snatch him whenever they want. Keep in mind that he (or at least his family) is a longstanding Bush family business partner, so it may be preferable to lose the election rather than jeopardize that lucrative relationship.
Posted by the talking dog at February 5, 2004 09:26 PM
Re Lay -- if he gets a January pardon, that would be outrageous, but no more so than Marc Rich's pardon on President Clinton's last day in office.
Re Stewart -- if we assume that the allegations in the indictment are true (because if they aren't, she should be acquitted) -- then she obstructed justice by concocting a false story to explain her stock sale. She's entitled to defend herself, but she's not entitled to make false statements with the intent of frustrating a government investigation. In other words, tell the truth or stay silent, but don't lie. Nix v. Whiteside, among other cases, holds that there is no constitutional right to commit perjury even in defense of yourself in trial. Here, she wasn't under oath, but the false statements and obstruction of justice charges don't require that the defendant be under oath.
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You are free and that is why you are lost.
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