Monthly Archives: February 2008

The Trial of of Ben Kuehne and the Impending Radicalization of David Markus

Ordinarily calm and mild blogger David Markus editorializes in Southern District of Florida Blog: Sad day

Typically I try to blog objectively and just report what is occurring in our District.

Today I can't do that because what happened this morning in magistrate court should not have happened.

Ben Kuehne, one of the pillars of this community, was indicted on money laundering charges. (read indictment here)

The government's theory of prosceution is outrageous. According to Jay Weaver's article:

Justice Department officials allege that Kuehne broke the law in 2002-03 when he vouched for millions paid by one-time Medellín drug lord Fabio Ochoa Vasquez to his high-profile trial attorney, Roy Black.

Kuehne's research gave Black the confidence — in the form of legal opinion letters — to accept payments totaling $3.7 million in fees and $1.3 million in expenses from Ochoa, according to several sources. Kuehne earned a portion of the expense payments — $220,000 to $260,000 — from Black for vetting Ochoa's payments.

**

Federal prosecutors face a formidable challenge in proving the case against Kuehne. They will have to prove that Kuehne knew Ochoa's money came from the sale of family assets to drug-trafficking associates…

This means that Ben had to have knowingly and willfully lied to Roy when telling him that the fee was okay. But what motive would Ben have for doing this? The money certainly wasn't enough to risk all of this. And Ben Kuehne of all people wouldn't have done these things for a million dollars. He's as ethical a person and lawyer as I know. I'll comment a lot more on the charges once I've had a chance to digest the indictment which was unsealed this morning in mag court.

We all know the real reason for this prosecution — to discourage lawyers from taking these kinds of cases.

I went to court to support Ben. Half of the legal community was there to show their support. (He was released on a $250,000 personal surety bond.) Watching this unfold really stuck in my gut. I am still in disbelief. I actually had a case in the past with the lead prosecutor from DOJ. I went up to him to say hello and he exclaimed without prompting: “This is a wonderful day for the government.” The comment was unnecessary and it sickened me.

I walked away from him thinking just the opposite. This is a terrible day for our country. Ben will be acquitted. But at what cost to him? And our justice system? Now, more than ever, it's critical to fight for our Constitution and our justice system.

In court, Ben commented to Magistrate Judge Brown: “since I am completely innocent of these charges, I am entering a plea of not guilty.'' He is represented by John Nields and Jane Moscowitz.

The indictment alleges that Kuehne, along with a Columbian lawyer and a Columbian accountant, falsified various documents to hide the tainted origins of the money. In their spinning to the press, however, nameless government prosecutors say rather that he should have known — which is not what the statute charging him requires.

In the Ochoa case, sources familiar with the probe said both federal and Colombian investigators have traced the source of his family's sales, determined the proceeds came from dirty money and that Kuehne should have uncovered it before he moved the money through trust accounts to Black. Under one money laundering statute, a lawyer cannot approve or accept legal fees from a client if the attorney knows the payments are from criminal proceeds such as drug trafficking. Congress, however, made an exemption for lawyers when there is uncertainty about the source of the proceeds — an exemption the Justice Department has never acknowledged.

You'd think if they had a better case, they'd say so. David Markus suggests that this prosecution — of a man known as a local ethics guru — is a shot across the bow of the criminal defense bar, a tactic designed to make everyone in town afraid to take big drug cases.

Assuming Kuehne is in fact innocent of knowingly aiding and abetting in the falsification of documents — and I agree with Markus that the wages of alleged sin seem low here — I can't help but wonder if it's not a twofer for the Bush Justice Department: a chance to do what Markus said, plus a way to ruin the career and reputation of a leading local Democrat. Kuehne, after all, was part of Vice President Al Gore's legal team. Perhaps the partisan prosecution of Democratic office-holders is moving on to new pastures?

How long before the radicalization of David Markus? Or the rest of us?

Posted in Law: Criminal Law | 3 Comments

Don’t RAID Western Digital Drives

It seems that ordinary Western Digital (WD) hard drives have an “advanced” feature that makes them unsuitable for either hardware or software RAID. Since I like to mirror the family's hard drives for security in the event of hard drive failure — we had one fail on my wife's machine last week so this is hardly paranoia — this is something I am glad I found before placing an order.

Answer

Western Digital manufactures desktop edition hard drives and RAID Edition hard drives. Each type of hard drive is designed to work specifically in either a desktop computer environment or on RAID controller.

If you install and use a desktop edition hard drive connected to a RAID controller, the drive may not work correctly unless jointly qualified by an enterprise OEM. This is caused by the normal error recovery procedure that a desktop edition hard drive uses.

When an error is found on a desktop edition hard drive, the drive will enter into a deep recovery cycle to attempt to repair the error, recover the data from the problematic area, and then reallocate a dedicated area to replace the problematic area. This process can take up to 2 minutes depending on the severity of the issue. Most RAID controllers allow a very short amount of time for a hard drive to recover from an error. If a hard drive takes too long to complete this process, the drive will be dropped from the RAID array. Most RAID controllers allow from 7 to 15 seconds for error recovery before dropping a hard drive from an array. Western Digital does not recommend installing desktop edition hard drives in an enterprise environment (on a RAID controller).

I think the box should have a warning sticker about this…

Meanwhile, back to the hunt for reliable, very quiet, low-heat-producing, mass storage.

Posted in Sufficiently Advanced Technology | 9 Comments

The Republican Creed

I did the entry below a few days ago, and then got unsure about posting it. I like political jokes, but maybe this was too mean? And then I saw this: RNC careful not to humanize Clinton, Obama — and I decided what the heck. Besides, it's almost all true. So here goes:

From Frank Kaiser,

THINGS YOU HAVE TO BELIEVE TO BE A REPUBLICAN TODAY …..

  • Saddam was a good guy when Reagan armed him, a bad guy when Bush's daddy made war on him, a good guy when Cheney did business with him, and a bad guy when Bush needed a “we can't find Bin Laden” diversion.
  • Trade with Cuba is wrong because the country is Communist, but trade with China and Vietnam is vital to a spirit of international harmony.
  • A woman can't be trusted with decisions about her own body, but multi-national corporations can make decisions affecting all mankind without regulation.
  • The best way to improve military morale is to praise the troops in speeches, while slashing veterans' benefits and combat pay.
  • If condoms are kept out of schools, adolescents won't have sex.
  • A good way to fight terrorism is to belittle our long-time allies, then demand their cooperation and money.
  • Providing health care to all Iraqis is sound policy, but providing health care to all Americans is socialism. HMOs and insurance companies have the best interests of the public at heart.
  • Global warming and tobacco's link to cancer are junk science, but creationism should be taught in schools.
  • A president lying about an extramarital affair is an impeachable offense, but a president lying to enlist support for a war in which thousands die is solid defense policy.
  • Government should limit itself to the powers named in the Constitution, which include banning gay marriages and censoring the Internet.
  • Being a drug addict is a moral failing and a crime, unless you're a conservative radio host. Then it's an illness and you need our prayers for your recovery.
  • You support states' rights, but the Attorney General can tell states what local voter initiatives they have the right to adopt.
Posted in Politics: US | 2 Comments

A Reminder About Discourse.net Feeds

This blog offers you a variety of different feeds for your reading pleasure.

There's the partial feed, which just gives you the start of each posting. Currently that seems the most popular of the services.

There's the full feed, that has the whole text of each posting. This feed has only one third as many subscribers as the partial feed, perhaps because autodiscovery services tend to find the other one.

And there's also the (separate) comments feed which gives you all the comments on the blog (but doesn't include the postings).

I also offer a suite of specialized feeds, one per blog category, and there's a full listing of them below.

Continue reading

Posted in Discourse.net | Comments Off on A Reminder About Discourse.net Feeds

Barack Obama, Ida Merriam, and the Power to Inspire

The thing that sets Barack Obama apart from Hilary Clinton is his ability to inspire with words. For many, Hilary Clinton inspires just by being; so too for other does Obama. (And then there's the people who are inspired by both…) But Sen. Obama gives a quantum better speech. I know that I've suggested before that speechifying isn't the first thing I look for in a candidate, but it does matter and not just in the obvious ways.

To explain what I mean, I need to tell you about Ida Merriam. Ida Merriam was one of the many idealistic young people who responded to FDR's call to come to Washington and help make the government better, joining the Social Security Administration (SSA) at its founding. Like many others drawn to DC by FDR, she stayed on, although both her tenure and her achievements at the SSA's Office of Research and Statistics were exceptional. She was still going strong when she retired in 1972.

Her semi-official biography notes some of Mrs. Merriam's major achievements; it paints a portrait of a statistician/demographer who understood that measuring the right things carefully and well can open policy possibilities,

Mrs. Merriam brought a clear vision of the importance of research to sound policy development. Cogent analysis, clear writing and impeccable accuracy are the hallmark of her own work and set the standard for others. Research on public programs, in her view, belongs in the public domain and the role of government research is to put it there in clear and understandable form. Under her direction ORS publications grew beyond the monthly Social Security Bulletin, to include special reports and brief R&S Notes that were issued quickly to respond to policymakers' questions.

The Social Security Bulletin brought a broad view of the role of social insurance in the nation's social and economic fabric. Mrs. Merriam personally established the social welfare expenditure series that tracks national spending for such purposes as education, health care, social and vocational services and income security through social insurance and social assistance. In that series, social insurance is not only Social Security, but other public programs —unemployment insurance, workers' compensation, and public employees retirement systems—as well as private group efforts to protect individuals against the economic vicissitudes of life—such as short-term sickness and disability benefits, private group life and disability insurance and private pensions. Trends in each of these systems were brought together in the social welfare expenditure series. The health care component of the series set the framework for the national health expenditure series that is now used to project future national health spending.

In the 1960s, under Mrs. Merriam's leadership, ORS catapulted into the forefront of social policy analysis. New concerns about the poor and civil rights for minorities, a building debate on health insurance for the elderly, extension of disability insurance to workers under age 50 and enactment of early retirement benefits for men all posed new research challenges.

Longstanding scholarly interest in defining and measuring “low-income” took a major step forward when ORS published what was to become the official poverty thresholds for comparing the economic status of families of different sizes. For the first time, statisticians could count the number of poor children, elderly and other adults.

Dorothy Rice, who directed and conducted many of the health insurance studies recalls, “Throughout her career as a public servant, Mrs. Merriam earned a well-deserved reputation as an administrator with scientific objectivity, outstanding social policy expertise, and unquestioned integrity. She was one of those public servants who viewed government service as a noble calling, a medium through which she could and did make a positive and lasting impact on the social well-being of the populace.

People like Mrs. Merriam not only made FDR's New Deal possible, they made it last.

JFK's call to public service (“And so, my fellow Americans: ask not what your country can do for you—ask what you can do for your country.”) produced a similar, if maybe smaller, wave of people who staffed the bureaucracy and helped the lumbering beast be more responsible and responsive. It was notable that his next four successors were not as successful at attracting deep talent to staff their administrations; each had their stars and their workhorses, but not in the same quantity.

I suppose in some way one could say that Ronald Reagan also energized a generation of people to come to DC and take jobs in the bowels of the government, although in this case the idealistic charge was to destroy the beast from the inside, an inheritance that has been coming to its fruiting in the current, less inspiring and more nakedly corrupt, administration. It's notable that one quiet Republican achievement has been to work hard to undermine the legacy left by Ida Merriam and her equally unsung opposite numbers in other agencies by ruining the government's ability to collect (not to mention to share!) good data. Without decent time series data, future governments will find it that much hard to build a case for social policies.

Mrs. Merriam — as I always called her — lived in our neighborhood in Washington DC, and used to walk by our house from time to time. She's always symbolized to me how political inspiration could shape lives in ways lasting a generation or more. Thanks in no small part to her work, and that of others like her, the SSA was known as the most efficient and well-run federal government department. And she was a very nice lady, too.

The power to inspire is the power to mobilize not just masses to turn out for rallies, not just voters to turn out to polls, but also to get people to make (and re-make) institutions. And as Jean Monnet (a sexist but wise Frenchman) said, “Nothing is possible without men, nothing is lasting without institutions.”

The ability to give a great speech is a tool of statecraft. It can open doors, make possibilities. The power to inspire is the power to direct at a distance, to harness human energy while reducing the need for political command-and-control.

The ability to give a great speech also can be a tool of nation-(re)building. It depends, of course, on what you say.

But if you and your country are lucky, the next Ida Merriam is listening.

[Note: An earlier draft of this essay accidentally briefly appeared on the site.]

Posted in Politics: US: 2008 Elections | 2 Comments

Colbert Does Coral Gables

I've tried to avoid linking to shows subject to the writers' strike, but I can't resist pointing you to this very funny Colbert bit about my hometown, Coral Gables. And it's not just funny, it's about a genuine legal issue that I wrote about in There Goes the Neighborhood?.

(spotted via South Florida Daily Blog…something I have a feeling I may be writing often)

Posted in Miami | Comments Off on Colbert Does Coral Gables