Category: Legal

The Hammer Falls: Tom DeLay Convicted in Texas Donation Case

Posted on by TL

News out of Austin, Texas, from the New York Times:

Tom DeLay, one of the most powerful and divisive Republican lawmakers ever to come out of Texas, was convicted Wednesday of money-laundering charges in a state trial, five years after his indictment here forced him to resign as majority leader in the House of Representatives.

After 19 hours of deliberation, a jury of six men and six women decided that Mr. DeLay was guilty of conspiring with two associates in 2002 to circumvent a state law against corporate contributions to political campaigns. He was convicted of one charge of money laundering and one charge of conspiracy to commit money laundering.

As the verdict was read, Mr. DeLay, 63, sat stone-faced at the defense table. Then he rose, turned, smiled and hugged his wife and then his weeping daughter in the first row of spectators. He faces between 5 and 99 years in prison, though the judge may choose probation.

A few minutes later, Mr. DeLay said outside the courtroom that he would appeal the decision. He called the prosecution a political vendetta by Democrats in the local district attorney’s office, and revenge for his role in orchestrating the 2003 redrawing of Congressional districts to elect more Republicans.

“This is an abuse of power,” he said. “It’s a miscarriage of justice. I still maintain my innocence. The criminalization of politics undermines our very system.”

Yada yada yada.

It’s also a conviction.

‘Don’t Ask, Don’t Tell’ Is Now History

Posted on by TL

This today from the United States Department of Defense:

Openly gay men and lesbian women now can apply to join the military, Defense Department officials said today.

The department issued guidance Oct. 15 to process paperwork for openly gay men or lesbian applicants. The instructions come from a California federal judge’s decision that the so-called “Don’t Ask, Don’t Tell” law is unconstitutional.

On Oct. 12, U.S. District Judge Virginia Phillips enjoined DOD “immediately to suspend and discontinue any investigation, or discharge, separation or other proceeding that may have commenced under the ‘Don’t Ask, Don’t Tell’ Act or its implementing regulations.”

Pentagon officials said the department will abide by the judge’s order, and that part of that compliance is allowing openly gay people to apply to join the military. But citing uncertainty over final disposition of the matter in the courts and on Capitol Hill, a DOD spokeswoman said potential applicants must be aware that the situation may change.

“Recruiters are reminded to set the applicants’ expectations by informing them that a reversal in the court’s decision of the ‘Don’t Ask, Don’t Tell’ law/policy may occur,” Cynthia Smith said.

Phillips said yesterday that she is leaning against granting the government’s request for a stay of her order. The Justice Department has indicated it will appeal her decision declaring the law unconstitutional to the 9th Circuit Court of Appeals.

The Defense Department wants a deliberative, long-range look at any changes in the law, said Pentagon spokesman Marine Corps Col. Dave Lapan. Defense Secretary Robert M. Gates set up a working group to examine the ramifications of a possible repeal of the law that bars gays and lesbians from serving openly in the military. The group is scheduled to submit its report Dec. 1.

“The review that is going on would look at all the far-ranging impacts of what changing the law would mean,” Lapan said.

A long-range plan for changing the law would include a period of transition to conduct training, to ensure that everybody was informed about new policies and procedures, Lapan explained.

“In the current environment with the stay, you don’t have the time to go through all these processes and make sure you determine what effect this has on housing, benefits, training on individuals across the board,” he said.

The legislative remedy would allow that work to move forward, Lapan said, as the department would have “the chance to study the impacts, to get the input from the force and to make adjustments and changes before an abrupt change in the law occurs.”

Lapan said it is too early to draw any conclusions about Phillips’ stay and what is happening in the force.

“I would caution against conclusions made from just a few days of having a stay in place,” he said. “A repeal of the law will have far-reaching effects. Now we are sort of in a holding pattern on discharges and proceedings related to enforcing the current law.”

Nod to ENEWSPF.

Have You Met The Nobel Peace Prize Laureate Behind Bars?

Posted on by TL

From The Economist:

THE Nobel peace prize committee’s announcement on October 8th that they are giving the award to an imprisoned Chinese dissident, Liu Xiaobo, will infuriate Chinese leaders. It may well give extra ammunition to hardliners in China who argue that the West is bent on undermining Communist Party rule. This is the same faction that argues the party should take advantage of the West’s economic malaise to assert its own interests more robustly.

China reacted with outrage in 1989 when the Nobel peace prize was awarded to the Dalai Lama, the Tibetan leader in exile, to all appearances as a rebuke to the government for having crushed the Tiananmen Square protests earlier that year. Though China regards Tibet as an integral part of the nation, Mr Liu stands apart as an ethnic Han Chinese who has devoted himself to addressing the politics of China proper.

Mr Liu is precisely the kind of dissident that the party regards as most threatening. He is a seasoned campaigner, a veteran of the Tiananmen protests who has shown no sign of succumbing to the party’s intimidation in spite of three periods of incarceration over the past two decades (more than five years in total). He is a mildly spoken literary critic who has created the sort of consensus that is unusual to forge among China’s infighting intellectuals. Mr Liu’s Charter 08, a document that calls for democracy, was signed initially by more than 300 liberal thinkers (and then by thousands of others online). It struck a reasoned tone to which radicals and moderates alike could subscribe. The debate over “universal values” that it helped to fuel still rages within the party today.

More here.

Americans Agnostic About Gay Marriage: The Economist

Posted on by TL

From the Economist:

THE debate over gay marriage is at the heart of many races in America’s mid-term elections. On Sunday October 10th Carl Paladino, the Republican candidate for governor of New York, said that children should not be “brainwashed” into thinking that homosexuality was acceptable and that he would veto any gay-marriage bill. But that view places him in a minority. For the first time since the Pew Research Centre began conducting polls on the subject in 1995, fewer than half of Americans (48%) are opposed to gay marriage, while 42% are in favour. All religious groups are more accepting than they were in polls taken between 2008 and 2009. The most notable shift has been among white mainstream Protestants and Catholics, 49% of whom are now in favour, and that figure was even higher for those who attend church less than once a week.

American opinion on gay marriage

This is good news for our gay and lesbian friends.

NYTimes Explosive Report: Sam Zell’s Culture of Stupidity at the Tribune Company

Posted on by TL

I heard Sam Zell speak a couple of years ago at the Inland Press Association’s Annual Meeting. He was funny. Seemed full of energy, off the cuff, eccentric.

An article in today’s New York Times reveals so much more, reporting on the bizarre culture Zell and those he has brought in have created at the Chicago Tribune and elsewhere at the Tribune Company.

Clearly, Zell is steering company into the ground.

From the NYTimes:

In January 2008, soon after the venerable Tribune Company was sold for $8.2 billion, Randy Michaels, a new top executive, ran into several other senior colleagues at the InterContinental Hotel next to the Tribune Tower in Chicago.

Mr. Michaels, a former radio executive and disc jockey, had been handpicked by Sam Zell, a billionaire who was the new controlling shareholder, to run much of the media company’s vast collection of properties, including The Chicago Tribune, The Los Angeles Times, WGN America and The Chicago Cubs.

After Mr. Michaels arrived, according to two people at the bar that night, he sat down and said, “watch this,” and offered the waitress $100 to show him her breasts. The group sat dumbfounded.

“Here was this guy, who was responsible for all these people, getting drunk in front of senior people and saying this to a waitress who many of us knew,” said one of the Tribune executives present, who declined to be identified because he had left the company and did not want to be quoted criticizing a former employer. “I have never seen anything like it.”

The report goes downhill from there, where sexual harassment is justified as path to creative thinking, with disclaimers like this in the Tribune’s revised employee handbook:

“Working at Tribune means accepting that you might hear a word that you, personally, might not use,” the new handbook warned. “You might experience an attitude you don’t share. You might hear a joke that you don’t consider funny. That is because a loose, fun, nonlinear atmosphere is important to the creative process.” It then added, “This should be understood, should not be a surprise and not considered harassment.”

My jaw dropped several times reading this article. So sad. I don’t see how the Tribune can be taken seriously any more.

Former Cicero Town President Betty Loren-Maltese May Lose Home

Posted on by TL

Maltese home
(Photo: Cook County Public Auction Notice)

Betty Loren-Maltese may lose her home, but right now the auction is on hold.

From the Chicago Sun-Times:

An attorney for former Cicero Town President Betty Loren-Maltese persuaded a federal judge today to postpone the auction of her Cicero home until she can challenge her 2002 corruption conviction.

The government was scheduled to auction her one-story brick home Thursday to recoup a portion of the $8.3 million in restitution that she owes.

But Judge John Grady granted a stay of the auction until Loren-Maltese can challenge her conviction based on the so-called "Skilling" defense, said her lawyer, Leonard C. Goodman.

"It’s been hard for her," Goodman said of his high-profile client, who was sentenced to a 97-month prison term in 2003 and was released to a halfway house in February. "She’s been trying to get steady work." Since her release to a halfway house, Loren-Maltese has worked as a restaurant hostess and written a blog.

Her attorneys are seeking to have her conviction thrown out based on the U.S. Supreme Court’s decision in June to overturn former Enron CEO Jeffrey Skilling’s conviction for theft of honest services.

The high court found the honest-services fraud law was unconstitutionally vague and that violations must include acts of bribery or kickbacks.

I certainly don’t want to see anyone lose a home, but Betty was convicted. There’s no reason to say "alleged" here.

There was no minimum price set for the home, according to the notice.

Family: Evanston Man Killed By Bomb Committed Suicide

Posted on by TL

How sad.

From the Chicago Sun-Times:

The family of a man who died when a pipe bomb blew up in an Evanston park declared Wednesday that his death was a suicide.

“We are devastated that our beloved son, Colin Dalebroux, lost his 15-year battle with depression,’’ the family said in a statement issued through a school district in Madison, Wis., where the family lives. “We know that Colin committed suicide.’’

Evanston police, however, said Wednesday they weren’t ready to draw that same conclusion until further FBI forensic tests on the Dalebroux’s computers are completed.

Police did confirm that Dalebroux, 21, struggled with mental health issues, and said investigators will speak with his mental health providers.

Evanston Police Cmdr. Tom Guenther said Dalebroux was acting alone at the time of the incident.

“There is no immediate danger to the public,” he said in a statement.

How sad.

Motion Filed Accusing Todd Stroger of Political Hiring and Firing

Posted on by TL

For a while, I was actually feeling sorry for Todd Stroger. I was concerned he might lose his home, and, much as I disagree with the manner with which he has conducted himself while in office, those differences are political. Then he paid his taxes.

Now, however, we hear disturbing allegations of political hiring and firing based on political considerations:

An attorney who has battled political hiring and firing in government claims Cook County Board President Todd Stroger violated political hiring more than 150 times since the start of 2008.

In a motion filed in U.S. District Court, Michael Shakman said the Stroger administration altered the list of jobs not covered by a ban on hiring and firing based on political considerations.

Shakman alleges the Stroger administration has been hiring people and putting them in so-called exempt jobs, even though the positions do not appear on the court list.

Elvis Remains In The Building: Blagojevich Takes to TV

Posted on by TL

The mouth that won’t stop gabbing is starting another media blitz as the Summer of Blagojevich continues.

From the Chicago Tribune:

Beginning a weekend media blitz, Rod Blagojevich said this morning he will not take any plea deal from prosecutors, accused them of trying to criminalize political horse-trading and emphasized repeatedly that he had not been convicted of any of the corruption charges against him.

And he said the lone jury holdout against convicting him on major corruption counts confirmed his faith in God.

"I’ve always had a deep and abiding faith in God," he said on the "Today" show. "And when I look at that, it just confirms ‘Praise God.’ And I certainly thank her for her good judgment.

"If we put on a defense, I think we probably would have been acquitted" on every count, he  added.
He continued to insist he had done nothing wrong, saying prosecutors had captured him on tape only discussing "possibilities" with lawyers and political advisers. "Political horse-trading …. this is what they are trying to criminalize," he said.

He accused prosecutors of hypocrisy, saying they frequently make deals with convicted felons. "The very thing they charge me with, they should charge themselves with," he said.