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Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review Dec. 23, 2010 / 16 Teves, 5771

Conrad Black's Battle

By Bob Tyrrell



http://www.JewishWorldReview.com | Last week, Judge Richard Posner of the U.S. Court of Appeals for the 7th Circuit set himself up as both judge and jury and found Conrad Black, once the head of one of the most illustrious publishing chains in the world, guilty of fraud and obstruction of justice in running his newspapers. That is somewhat of a comedown for our criminal justice system. Years ago, the Department of Justice had arrayed some 13 charges against him, including tax evasion, racketeering, various types of fraud and that lonely obstruction of justice. Black beat them back on nine of 13 charges, leaving only three fraud charges and the obstruction charge against him. He was sentenced to 6 1/2 years in prison. Then sanity intruded.

This past summer, the Supreme Court decided to take up the so-called "honest services" law at the request of Black's lawyer. The law as it was applied to Black was, in the view of the court, unconstitutional. It further found the law unconstitutionally vague, except when bribes or kickbacks are involved; there were no allegations of bribes or kickbacks in Black's case. The court's judgment was unanimous. It sent Black's case back to Posner for further adjudication. Posner and his associates unanimously threw out two of Black's fraud counts but stood by one and also that obstruction charge.

Judge Posner is actually very fortunate that the Supreme Court has found the honest services law unconstitutional. By it, if one did not provide what were deemed honest services to his shareholders or presumably to his boss, one was guilty of fraud. Posner, despite his obligations to the U.S. Court of Appeals for the 7th Circuit, is given to popping off on all manner of public issues about which he knows very little. For instance, he recently popped off on the Roman Catholic Church and on "public intellectuals." In the first case, he sounded about as knowledgeable regarding the church as an erudite member of the Ku Klux Klan. In the second, he was a mere philistine. But in taking such time to write his drivel, he clearly is not providing the court with honest services. I believe solitary confinement would do him just fine.

I think Black's lawyer, Miguel Estrada, put Posner's derelictions just right — and again the cloud of honest services hovers over Posner's glabrous head. Estrada was critical of the information on which Judge Posner based his opinion, saying it did not "accurately reflect the facts, misapplied the test for harmless error review, is inconsistent with the Sixth Amendment, and did not remotely respond adequately to the Supreme Court's instructions." Judge Posner took it upon himself to decide matters that Black had the right to have made by a jury.

Estrada went on, "Instead, the panel recounted the government's spin on its supposed evidence, trivialized the strong defense case, and all but ignored the jury's rejection of any proof of a real crime with the sweeping acquittals on most of the counts in the original case." Estrada will appeal to the Supreme Court.

This proceeding has been a travesty, from the beginning to its unhappy denouement last week. A vindictive government went after a publisher for a sensational amount of booty. Initially, it was $400 million. The government had arrayed 13 charges against him and his loyal associates. It spoke of golden bathroom fixtures, prodigal use of the corporate jet, and a party in Bora Bora — not to be confused with Tora Bora and Osama bin Laden. Now it is down to a few hundred thousand dollars, and the golden pipes were forgotten long ago. The government of the United States has destroyed a great publishing empire, one providing intelligence to a reading audience of millions of people on four continents. It has left Black practically penniless, though as his defense continues his reputation grows as one of the great defenders of a free press and a valiant fighter. He has shown exceptional grace under the fire of bullies, writing regularly and now coming out for prison reform.

I have had my innings with Conrad Black in the past and know what a formidable journalistic competitor he can be. But all of that is long ago and far away. I have come to admire him and his fight for both his good name and the First Amendment. The irony is that he, a Canadian by birth and now a British lord, has been a friend of America. He has written biographies of Franklin Roosevelt and Richard Nixon that should give every thoughtful reader cause to reappraise both men. He thought of America as a haven for freedom and excellence. Now his faith is wobbling. But there is always the Supreme Court, which acted admirably in its consideration of the honest services law. And there is Judge Amy St. Eve, whose duty it is to resentence Black. She is a sensible judge and surely can discern when we have reached the point in the criminal justice system when enough is enough.

Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

JWR contributor Bob Tyrrell is editor in chief of The American Spectator. Comment by clicking here.

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