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Conrad Black's Appeal
New York Sun ^ | 08/01/08 | Editorial Board of The New York Sun

Posted on 05/19/2009 12:29:11 AM PDT by BCrago66

The appeal Conrad Black is making from his jail cell at a federal prison in Florida is nearing a crucial stage. His appeal was rejected in June by a panel of the 7th United States Circuit Court of Appeals, but the panel's decision conflicts with others in the circuit, and Conrad Black is asking the circuit to hear it en banc. The question centers on how broad is the reach of the law of what is called honest services. If Conrad Black's conviction is allowed to stand, a precedent will be have been set that could leave thousands of executives of companies at the mercy of prosecutors with exceptionally, even unconstitutionally, broad discretion over what is and is not illegal behavior.

(Excerpt) Read more at nysun.com ...


TOPICS: News/Current Events
KEYWORDS: conradblack
NOTE: I decided to post this 2008 editorial from the now defunct New York Sun because yesterday the Supreme Court granted review of Conrad Black's case. I admire Black, and Black's prosecutor Patrick Fitzgerald is a sanctimonious power-hungry jerk. And the "honest services" federal statute is in my opinion unconstitutionally vague, so I'm glad the Supreme Court will review it.
1 posted on 05/19/2009 12:29:11 AM PDT by BCrago66
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To: BCrago66

Here’s an LA Times story on yesterday’s Supreme Court decision to grant review:

http://www.latimes.com/news/nationworld/nation/la-na-court-black19-2009may19,0,771650.story

And here’s Mark Steyn, who is a fried of Black’s:

http://corner.nationalreview.com/post/?q=ZWMwNGMzYjNhOGJlNjI1MmExNDc3MDI5ZTVkZTk0OTM=


2 posted on 05/19/2009 12:32:25 AM PDT by BCrago66
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To: BCrago66

if you’re looking for justice, don’t waste your time in florida.


3 posted on 05/19/2009 12:41:30 AM PDT by the invisib1e hand (the machines will break.)
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To: BCrago66

One more piece of supplementary material before I go to sleep (even though no one is actually reading this thread). Here’s Justice Scalia dissent from denial of certiori (i.e., dissent from the Supreme Court’s refusal to hear a case) from February of this year, in another case which, like Conrad Black’s, challenged the federal “honest services” statute:

Link to PDF:

http://www.supremecourtus.gov/opinions/08pdf/08-410.pdf

Link to Google-transformed HTML:

http://74.125.47.132/search?q=cache:5XReLmrTGg4J:www.supremecourtus.gov/opinions/08pdf/08-410.pdf+calia+%22honest+services%22&cd=1&hl=en&ct=clnk&gl=us&client=firefox-a


4 posted on 05/19/2009 12:43:28 AM PDT by BCrago66
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To: BCrago66

OK final fun fact: If you read the LA Times article linked above, you’ll find that representing Black in the appeal is Miguel A. Estrada.


5 posted on 05/19/2009 12:49:15 AM PDT by BCrago66
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To: the invisib1e hand
if you’re looking for justice, don’t waste your time in florida.

Nonsense.
First, the 9th is a Federal Court and really has nothing to do with Florida governance other than the geographic area that it covers.
2nd, the guy is crooked and although I am undecided as to the value of this law, it did convict people of fraud - like crooked chicago politicians. friends of obama, no doubt.

SCOTUS should rule on this law and settle the matter.

6 posted on 05/19/2009 1:43:19 AM PDT by bill1952 (Power is an illusion created between those with power - and those without)
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To: bill1952
the 9th is a Federal Court

The 7th circuit is also a Federal court, and is the one mentioned in the source. Like the 9th, it is nothing to do with Florida, which is in the 11th circuit.

7 posted on 05/19/2009 1:52:58 AM PDT by Lucius Cornelius Sulla ("men of intemperate minds cannot be free. Their passions forge their fetters." -- Edmund Burke)
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To: Lucius Cornelius Sulla

Thanks for catching that slip.


8 posted on 05/19/2009 1:56:11 AM PDT by bill1952 (Power is an illusion created between those with power - and those without)
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To: bill1952

He was accused of the fraud of depriving the company of his ‘honest services’, not of taking anything that didn’t belong to him other than his own time.


9 posted on 05/19/2009 1:56:35 AM PDT by Lucius Cornelius Sulla ("men of intemperate minds cannot be free. Their passions forge their fetters." -- Edmund Burke)
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To: bill1952

Conrad Black is not a crook. He is a victim of Judicial overreach.


10 posted on 05/19/2009 3:49:23 AM PDT by agere_contra
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To: Lucius Cornelius Sulla; agere_contra

Conrad Black was also caught on security cam removing documents that an Ontario court ordered him not to touch.

In any country, that’s interfering with an investigation, obstruction of justice, and it is a crime.


11 posted on 05/19/2009 4:04:21 AM PDT by canuck_conservative
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To: canuck_conservative

What authority does a Canadian court order have in the US?


12 posted on 05/19/2009 4:07:48 AM PDT by Lucius Cornelius Sulla ("men of intemperate minds cannot be free. Their passions forge their fetters." -- Edmund Burke)
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To: Lucius Cornelius Sulla

None directly, of course. But ...

Hollinger is based in Toronto.

Hollinger Int’l (now Sun-Times Media Group) was based in Chicago.

Hollinger owns a majority of Hollinger Int’l.

Hollinger was under investigation by the Ontario securities regulator, who got a court order to not touch the evidence.

Not a direct connection, but it does have an influence on US investors.


13 posted on 05/19/2009 4:15:58 AM PDT by canuck_conservative
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To: BCrago66; GMMAC; Clive; exg; kanawa; backhoe; -YYZ-; Former Proud Canadian; Squawk 8888; ...

14 posted on 05/19/2009 4:21:37 AM PDT by fanfan (God, Bless America, please.)
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To: Lucius Cornelius Sulla; agere_contra
>not of taking anything that didn’t belong to him other than his own time.

Not quite - He was so accused, but found not guilty.
Personally, I find the evidence against him compelling, but perhaps not high enough to clear the bar for conviction.

And I also see this as analogous to being both found not guilty of a felony, and, concomitantly, also convicted of conspiracy to engage in that same crime.

I am content to let SCOTUS rule on the question of Judicial overreach

15 posted on 05/19/2009 5:00:37 AM PDT by bill1952 (Power is an illusion created between those with power - and those without)
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To: BCrago66

Interesting story. I am slightly aware of Black but did not follow the case. Thanks for the links.


16 posted on 05/19/2009 5:26:28 AM PDT by PGalt
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To: BCrago66

This is so sad. This man was destroyed so corrupt prosecutors could advance their “careers”.

And this was under Bush. Obama will be worse. Much worse.


17 posted on 05/19/2009 5:30:42 AM PDT by stinkerpot65 (Global warming is a Marxist lie.)
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To: BCrago66

In case anyone revisits this thread, here’s the petition for cert:

http://www.scotusblog.com/wp/wp-content/uploads/2009/05/08-876_pet1.pdf

And here’s the 7th Circuit opinion, in which Judge Posner, who usually gets it right, gets it wrong (and also comes off sounding like a jerk, flippantly dismissing some arguments and not even addressing others, such as vagueness):

http://www.scotusblog.com/wp/wp-content/uploads/2009/05/08-876_lower_op.pdf


18 posted on 05/19/2009 1:11:05 PM PDT by BCrago66
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To: bill1952
Nonsense.

if you’re looking for justice, don’t waste your time in florida.

19 posted on 05/19/2009 1:29:21 PM PDT by the invisib1e hand (the machines will break.)
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