Category Archives: Law: Criminal Law

The Nation’s Wishful Thinking: ‘French May Indict Cheney’

Doug Ireland, writing in The Nation, asks Will the French Indict Cheney?. While no expert on the subject, my sense of French prosecutorial independence is that there's less of it than, say, one finds in Italy. In other words, while there may be some ugly facts, short of a confession on video, there would be no prosecution unless the French central government wanted one. And I'd be rather surprised if they wanted one right about now. Unless they really hate Bush, which I suppose is possible.

Then again, if anyone is up to bucking the French establishment, it's Judge [French prosecutors are judges] Van Ruymbeke, who has already prosecuted major French politicians for taking bribes from ELF…

Yet another sordid chapter in the murky annals of Halliburton might well lead to the indictment of Dick Cheney by a French court on charges of bribery, money-laundering and misuse of corporate assets.

At the heart of the matter is a $6 billion gas liquification factory built in Nigeria on behalf of oil mammoth Shell by Halliburton—the company Cheney headed before becoming Vice President—in partnership with a large French petroengineering company, Technip. Nigeria has been rated by the anticorruption watchdog Transparency International as the second-most corrupt country in the world, surpassed only by Bangladesh.

One of France's best-known investigating magistrates, Judge Renaud van Ruymbeke—who came to fame by unearthing major French campaign finance scandals in the 1990s that led to a raft of indictments—has been conducting a probe of the Nigeria deal since October. And, three days before Christmas, the Paris daily Le Figaro front-paged the news that Judge van Ruymbeke had notified the Justice Ministry that Cheney might be among those eventually indicted as a result of his investigation.

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Harshness of Our Criminal Justice System

This story, A Judge's Struggle to Avoid Imposing a Penalty He Hated, does not make you feel all warm and fuzzy about our criminal justice system, although it speaks well for Judge Lynch. The 18-year old defendant remailed a lot of nasty kiddie porn. From the sound of it, it's not wrong to convict him. But to send him to jail for twice as long as he'd get for statutory rape of a 12-year-old?

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Aschroft (Finally) Recuses Himself from Plame Affair. Why Now?

Ashcroft Recuses Himself From Probe of C.I.A. Leak. The obvious questions is, why now? The most likely theory is that the prosectuors have come up with something that made the recusal inescapable. The much less likely and more cynical theory is that Main Justice having done all the obstruction it could do, there was nothing to be lost from getting out of the way.

Better late than later, yes. I still hope the probe at least looks into the apparent obstruction of justice issues surrounding the first 24-48 hours of the leak inquiry. Justice was unbelievably slow about ordering white house staff to keep their files intact. I want to know just how that came to be.

Various commentary at Billmon, Kos, Kos, again, and better and lots of good background at Crooked Timber.

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Justice Overwhelmed Is Justice Denied

I don't teach Criminal Law. I've never practiced criminal law. But it doesn't take much expertise to suspect that our criminal justice system is disastrously flawed. Stories like this one are, I fear, too routine. The hell of it is, large parts of the system are full of well-meaning people. Not all of them—no system is—but even so. The problems are, I think, systemic more than anything else.

Here in Florida, as in much of the nation, we have a prison-building craze; meanwhile, the United States already leads the world in the percentage of its population behind bars. According the Justice Dept. there were 2,019,234 people incarcerated last April. It's probably more now. And let's not even get into the racial composition of the prison population, or the racial (and electoral) consequences of felony convictions.

The callousness of the justice system is in some part—although how big a part is a nice question—a result of its being overloaded and under-funded. And while throwing more money at the problem might improve the job prospects for graduating law students, something I am generally in favor of, I don't think that there is any chance this state, or this nation, would spend what it would take.

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