No Comment — April 9, 2008, 5:06 pm

Political Prosecution in Pittsburgh Collapses

One of the more astonishing political prosecutions in the country was brought by Rick Santorum’s handpicked U.S. Attorney, Mary Beth Buchanan. Ms. Buchanan is best known for her adversity to mail order bong businesses and other matters carefully calculated to play to a right-wing political audience. She also played a handmaiden’s role in the recent U.S. Attorney’s scandal, sending one of her deputies to Alaska as an acting U.S. Attorney there. No doubt about it, Mary Beth Buchanan is Karl Rove’s very model of a modern U.S. Attorney. She breathes fire and when she utters the word “Democrat,” the adjective “corrupt” is sure to precede it.

The case was tried before a George W. Bush-appointed federal judge, Arthur J. Schwab. The judge is also a Santorum intimate and quite close it seems to the U.S. Attorney who decided to stake her future career on the case. When his conflicts were disclosed, Judge Schwab tenaciously declined to recuse himself even though his impartiality very fairly came under question. Any sensible judge would have dismissed the case. But not Judge Schwab. He treated it as a serious civics lesson and, in a Sara Lee moment, buttered up the jurors by offering them baked goods.

The case, which just landed the Justice Department yet another black eye, was an effort to take down a high-flying Pittsburgh Democratic political figure, Dr. Cyril Wecht. His egregious crimes included using the office fax and copying machines for his own personal business; in the theory of the prosecution he was trying to set up a private business on the county’s dime. In contrast, Ms. Buchanan doesn’t seem to be trying to set up a separate business as much as setting the stage for her own political career. She may have just suffered a reversal in this aspiration, however. The trial ended with a hung jury, and today we learn that the clear majority on the jury wanted to acquit Dr. Wecht.

As it appears, the prosecution had one thing going for it: the power and force of the office of United States Attorney. When it came to evidence, the view of the jury was pretty clear: not so much. “The majority of the jury thought he was innocent, that I can tell you,” one of the jurors told the Pittsburgh Review-Tribune.

The case was previously highlighted in a hearing before the House Judiciary Committee at which charges of political abuse were leveled at Buchanan by former Republican Attorney General Dick Thornburgh, a counsel for Dr. Wecht. Buchanan and the Justice Department were unwilling to rebut the charges. The judge’s conduct didn’t go over well with the jurors. “I think the federal judge should read the federal Constitution and not cookie recipes,” one said in a well calculated swipe.

A Buchanan deputy announced at the conclusion of the trial that she would again seek to indict and try Wecht. That’s a promise to waste millions more in taxpayer dollars on a politically inspired vendetta involving paltry sums of office expenses. I’m sure that Buchanan, who is now headed on an express train for the private sector, means it. She said “We are committed to eliminating the culture of corruption that prevails when officials at the highest levels abuse the public trust.”

Would it be too much to read into that a promise by Ms. Buchanan to resign? That would certainly fulfill her commitment.

Update: Foreman Lodges More Charges
The jury foreman in the Wecht case sat down with the Pittsburgh Post-Gazette. Not only does he feel that “this was being politically driven,” when the jury foreman heard the evidence that the prosecution assembled against Wecht and how they did it, he concluded the prosecution had been conducted maliciously with the intention of damaging Wecht’s business and reputation. These conclusions are well warranted on the basis of the prosecution’s own case. And a series of snap polls conducted in Western Pennsylvania show that by large margins the people want U.S. Attorney Buchanan, whose aspirations to local elective office are well known, to drop the matter. What we see in this case is a fairly rare instance of a majority of the citizen-jurors standing up in the face of a prosecutorial bulldozing. It’s proof that, sometimes at least, the jury system works. And Buchanan’s persistence is evidence that she is governed not by reason, but by partisan political rage.

Share
Single Page

More from Scott Horton:

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

From the June 2014 issue

The Guantánamo “Suicides,” Revisited

A missing document suggests a possible CIA cover-up

No Comment March 28, 2014, 12:32 pm

Scott Horton Debates John Rizzo on Democracy Now!

On CIA secrecy, torture, and war-making powers

Get access to 164 years of
Harper’s for only $39.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

August 2014

The End of Retirement

= Subscribers only.
Sign in here.
Subscribe here.

The Octopus and Its Grandchildren

= Subscribers only.
Sign in here.
Subscribe here.

Francis and the Nuns

= Subscribers only.
Sign in here.
Subscribe here.

Return of the Strongman

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Post
 
 Jessica Bruder on the end of retirement, Mary Gordon on the new Vatican, Laura Kipnis on narcissism, and more
Article
The End of Retirement·

= Subscribers only.
Sign in here.
Subscribe here.

“For those riding the economy’s outermost edge, adaptation may now mean giving up what full-time RV dwellers call ‘stick houses’ to hit the road and seek work.”
Photograph (detail) © Max Whittaker
Post
God Lives on Lemon Street·

= Subscribers only.
Sign in here.
Subscribe here.

“Bethel was Oz-like for me. I mean that with all the awe, utter hopefulness, and mythic fear with which Dorothy and her friends had approached that magical city.”
Photograph (detail) ©© Clemens v. Vogelson (Flickr)
Article
The Octopus and Its Grandchildren·

= Subscribers only.
Sign in here.
Subscribe here.

On Stanford University’s origins and vision
“The pervasive fantasy that Silicon Valley doesn’t need the government obscures the role of that government in funding much of the research that built it.”
Photograph © Sallie Dean Shatz
Post
World Cup Boom and Bust·

= Subscribers only.
Sign in here.
Subscribe here.

“I’m not giving a dime to FIFA. You know they’re not paying taxes on any of this?”
Photograph © The author

Chance that an American believes Ramadan is the Jewish day of atonement:

1 in 10

Mathematicians discovered the existence of a pseudoprime that is the sum of 10,333,229,505 known primes and contains roughly 295 billion digits but cannot be represented precisely because the mathematician who found it lacks sufficient RAM.

On the eve of Independence Day in Belarus, President Alexander Lukashenko delivered a speech in Belarusian instead of Russian for the first time in 20 years, disproving rumors that he can no longer speak the language.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

In Praise of Idleness

By

I hope that after reading the following pages the leaders of the Y. M. C. A. will start a campaign to induce good young men to do nothing. If so, I shall not have lived in vain.

Subscribe Today