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The Sleazy Political Persecution of Martha
NationalPost ^ | Friday, June 06, 2003 | Alan Reynolds

Posted on 06/06/2003 4:52:30 PM PDT by fight_truth_decay

Prosecutorial bullies usually try such cases in the press and then intimidate their victims into 'settling' without bothersome due process.

Believe it or not, the government now charges Martha Stewart with "securities fraud" during that same period because she supposedly tried in vain to prop up her own stock by denying that she was guilty of the crime then charged -- insider trading. Yet the government now admits she was never guilty of that crime. Instead, she supposedly "obstructed justice" (her own threatened prosecution for a nonexistent crime) and made "false and misleading statements" about her reasons for making a perfectly legal sale of ImClone shares. Any jury of passably sane people would laugh this out of court.

It was the "sources close to a Congressional investigation" that defrauded MSO investors a year ago. That political persecution was aided and abetted by the tabloid press, notably The New York Times.

The SEC recycled this government trash and came up with a civil charge of sorts. Yet the SEC's complaint effectively refutes both its own charges and those of the government. The SEC says, "Stewart asked Faneuil for the current market price of ImClone shares and was given a quote of approximately $58 a share. Stewart then instructed Faneuil to sell." That is exactly why Stewart said she sold ImClone that day -- the price was falling fast. Faneuil's now claims he told her that the Waksal family was selling, but not why (Waksal did not say). But the SEC refutes Faneuil's new story too by saying, "Stewart then immediately called Waksal [after selling her ImClone shares], and left the following message: "Martha Stewart [called] something is going on with ImClone and she wants to know what." The fact that she had to ask that question proves Martha Stewart did not know what was going on with ImClone after talking to Faneuil and selling her shares. End of story. Case closed.

The SEC says Martha Stewart saved $45,673 by selling late on December 27 rather than on Dec. 31. SEC attorney Wayne Carlin tells reporters it was "unfair" of Martha Stewart to sell her remaining shares in ImClone so promptly (she had "unfairly" unloaded many more ImClone shares in October). But unfair is not illegal. The smart money had gotten out by Dec. 14, when ImClone was $70, and the smartest money was shorting 77 million shares by then.

It took the government a year to fabricate three new offences, all of which amount to the same charge of giving a supposedly misleading explanation for a perfectly legal stock sale. This newly refabricated case is not about illegal lying at all: Martha Stewart has not been charged with perjury. Perjury is one of the fabled "nine counts" that is not hers, but her broker's. In a more important sense, however, this case has always been about lying. There was Congressional lying a year ago about Martha Stewart's alleged tip from Sam Wacksal. And what little remains of that discarded case is now based entirely on the testimony of a proven liar, Douglas Faneuil. He says he was lying before (when he supported Stewart's recollection) but has converted to telling the truth now (when he supports the government's story). Yet this is a fellow who admits his past testimony has been for sale, and any gift Mr. Faneuil may have gotten from his boss was token change compared to being offered only a misdemeanor wrist slap and let off without even a dollar fine.

So what is Martha Stewart's crime? The New York Times, exemplifying its notoriously creative journalism, now editorializes that Martha Stewart engaged in an "illegal stock trade" and " was tipped by insiders that the Food and Drug Administration was not going to approve" Erbitux. That is just more lying from the source that spread the same lie a year ago.

In reality, Martha Stewart stands accused of saying she could not recall details of a two-minute phone conversation on Dec. 27, 2001, while the government claims to know precisely what she recalled. She also stands accused of sometimes confusing her broker with her broker's assistant. Her broker, in turn, is charged with using two different pens, quite possibly on the same day.

And Martha Stewart herself stands accused of altering a computer record of a phone call, even though she immediately "directed her assistant to return the message to its original wording." Did the government ever really intend to ask a jury to send Martha Stewart to prison for such heinous "offences against the United States"? Not likely.

Prosecutorial bullies are accustomed to trying such cases in the press and then intimidating their victims into "settling" (writing big checks) without bothersome due process. In this non-case, however, the government would be smarter to settle out of court by handing Martha Stewart a big check to compensate for a year of slanderous lies and leaks about her.

If this sleazy mess ever goes to court, the architects of the fiasco will have to sneak out of court under umbrellas to avoid journalists' embarrassing questions.

Alan Reynolds, Financial Post is a senior fellow with the Cato Institute.


TOPICS: Business/Economy; Crime/Corruption; Culture/Society; Editorial; Extended News; Government; News/Current Events
KEYWORDS: marthastewart
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1:29 (Dow Jones) Bargain hunters aren't the only ones behind the rally in Martha Stewart Living Omnimedia's (MSO) stock since its 15% sell-off Tuesday on news Martha's indictment was a day away. "I bought MSO on Wednesday simply because I wanted to show solidarity for Martha who, I believe, has gotten a rotten deal," Alexandra Mark, Ph.D., of Newport, R.I. writes in an email. "They have had her 'twisting in the wind' for the last year, damaging her reputation, leading people to think the worst without telling us specifically what the trouble was. That alone is cruel and unusual treatment...Anyhow, I hope she beats this thing." MSO up 0.8% at $10.21 in heavy volume.

Last: 10.24
Vol.: 565,800
Change: +0.11 1.09% Avg. Vol.: (100-day) 361,664

Open: 10.40
Mkt Cap: 503.46 M
Prev. Close: 10.13
EPS: 0.07
Day High: 10.64
P/E: 146.29
Day Low: 10.15
52-Week High: 19.24
Yield: 0.00
52-Week Low: 5.26
Market: NYSE
(Harrisdirect.com trading site)

1 posted on 06/06/2003 4:52:30 PM PDT by fight_truth_decay
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To: fight_truth_decay
Martha Stewart is another of Billery Clintoon's friends to get the treatment she deserves!
2 posted on 06/06/2003 4:55:18 PM PDT by johnfl61
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To: johnfl61
Don't be so sure. I don't have a love/hate relationship with MSO. I have watched for a year now and well before, and much of it didn't make sense to me in reference to charges first made by the NYTimes. I could be wrong but, this article is as close as one can get to this twisted mess.
3 posted on 06/06/2003 5:09:46 PM PDT by fight_truth_decay
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To: johnfl61
Martha Stewart is another of Billery Clintoon's friends to get the treatment she deserves!

It is patently unAmerican to pass legal judgement on the basis of the subject's friendships.

It is sad to see that a self-described conservative such as you are puts his emotions before the high standards that made this country what it is --- the country of laws. With conservatives like this, who needs Clinton to destroy the country?

4 posted on 06/06/2003 5:11:28 PM PDT by TopQuark
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To: TopQuark
It is patently unAmerican to pass legal judgement on the basis of the subject's friendships.

Since when has the presumption of innocence under the law been equivalent to the presumption on innocence in the court of public opinion?

5 posted on 06/06/2003 5:14:28 PM PDT by independentmind
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To: independentmind
That's not what I addressed. Reread the post to which I replied.
6 posted on 06/06/2003 5:16:01 PM PDT by TopQuark
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To: fight_truth_decay
It appears to me that the author of the oped gives a damn, and thinks it unfair, when a big democrat supporter gets indicted for insider trading, but wants the death penalty if the accused is a big wig at Enron that may have given a few bucks to the GOP.
7 posted on 06/06/2003 5:23:40 PM PDT by Moby Grape
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To: johnfl61
          Barbara Gets the Goods

"Mawthuh, did youh weguh team get you a pwee bawgun?"
"Get me a what?"
"Did you pwead befowuh the gwand juwee?"
"Did I what?"
"Wiw you get youh own pwison cewuh?"
"I confess.  I don't understand a word you are saying."
"Thank you, and we'w be wight back!"
</body
8 posted on 06/06/2003 6:03:48 PM PDT by gcruse (Superstition is a mind in chains.)
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To: Impeach the Boy
In my read of Alan Reynolds, for instance in reference to Sen. Kennedy's plan to "save" $350 billion over 10 years by "postponing" tax cuts that "overwhelmingly benefit the wealthiest taxpayers;" Reynolds wrote: "Mr. Kennedy's claim that last spring's tax cuts "overwhelmingly benefit the wealthiest taxpayers" is also false..."These "rich" taxpayers are to be the sacrificial victims of Mr. Kennedy's scheme.."

.."some 85 million investors -- seniors, in particular -- will be ecstatic about relief from the double taxation of stockholder dividends...likely to express their gratitude by voting Republican for years to come."

He also had criticized Sen. Joseph Biden,Democrat, saying the market fell every time President Bush gave another speech against "endless profits."

If you read Reynolds Cato reports, you won't see Democratic or political favoritism. .

9 posted on 06/06/2003 6:07:28 PM PDT by fight_truth_decay
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To: Impeach the Boy
October 11, 2000, MORE THAN 500 LEADING ECONOMISTS ENDORSE GOVERNOR BUSH'S ECONOMIC PLAN ..Reynolds is one.
10 posted on 06/06/2003 6:17:41 PM PDT by fight_truth_decay
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Comment #11 Removed by Moderator

To: Nathaniel Fischer
I think it's exactly what he said.

"...admits she was never guilty of a crime".

Crime = criminal

That is not the same as a civil lawsuit.
12 posted on 06/06/2003 6:58:48 PM PDT by chaosagent
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To: fight_truth_decay

13 posted on 06/06/2003 7:16:36 PM PDT by RJayneJ (To nominate a Quote of the Day rjaynej@freerepublic.com or put my screen name in the To: line.)
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To: fight_truth_decay
According to the "insider trading" laws, if I work for a company that I think is a really good company and tell people to buy the stock because of all the great products coming down the pike, I could be guilty of a crime.

And they call this the "Land of the Free?"

14 posted on 06/06/2003 7:17:11 PM PDT by Reelect President Dubya (Drug prohibition laws help support terrorism.)
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Comment #15 Removed by Moderator

To: RJayneJ
Thanks!
16 posted on 06/06/2003 7:48:19 PM PDT by fight_truth_decay
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To: independentmind
I would imagine that it is the opinions of the public, who, as members of a trial jury decide a case. If you are stating that it is possible to poison public opinion without effecting a case, I would disagree.
In this case I would think conservative opinion would be supporing MS. If a prosecutor is allowed to contrive a charge out of the mist then we are all in dire straits. Either the woman did or did not trade on inside information. The balance of the charges seem more like strong arm tactics.
17 posted on 06/06/2003 7:48:58 PM PDT by em2vn
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To: Reelect President Dubya
Buy on RUMOR, sell on News!
18 posted on 06/06/2003 7:54:01 PM PDT by fight_truth_decay
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To: fight_truth_decay
Federal Prosecutors have TOO MUCH POWER. Thay can practially make a mail fraud case against ANYONE IN THE US because the statutes are so vague.

Martha Stewart appears to have been lead astray by a number of ex-boyfirends; her knowledge of the stock market is obviously minimal. The Government's case is largely a tissue of lies and half-truths. I hope she waxes the Feds in court.
19 posted on 06/06/2003 7:55:54 PM PDT by ggekko
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To: Nathaniel Fischer
Sock it to this witch And since when has our justice dept represented justice? Since when has anything in D.C. not been corrupt. Let's not be so nieve.
20 posted on 06/06/2003 8:00:04 PM PDT by Digger
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