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On Tuesday, Federal Judge Cormac Carney (an All Pac-10 wide receiver for UCLA before George W. Bush appointed him to the bench) dropped a bombshell in the Broadcom case pending in a federal court in Orange County, California. Prosecutors had built a case against Broadcom founder Henry T. Nicholas III and CFO William Ruehle based on options backdating. The judge dismissed the charges against them, unleashing a torrent of attacks on the prosecutors who brought the case for potentially criminal wrongdoing. Carney’s choicest words had to do with the prosecutors’ bogus case against an engineer, Dr. Henry Samueli:
The uncontroverted evidence at trial established that Dr. Samueli was a brilliant engineer and a man of incredible integrity. There was no evidence at trial to suggest that Dr. Samueli did anything wrong, let alone criminal. Yet, the government embarked on a campaign of intimidation and other misconduct to embarrass him and bring him down.
Among other wrongful acts the government,
One, unreasonably demanded that Dr. Samueli submit to as many as 30 grueling interrogations by the lead prosecutor.
Two, falsely stated and improperly leaked to the media that Dr. Samueli was not cooperating in the government’s investigation.
Three, improperly pressured Broadcom to terminate Dr. Samueli’s employment and remove him from the board.
Four, misled Dr. Samueli into believing that the lead prosecutor would be replaced because of misconduct.
Five, obtained an inflammatory indictment that referred to Dr. Samueli 72 times and accused him of being an unindicted coconspirator when the government knew, or should have known, that he did nothing wrong.
And seven, [sic] crafted an unconscionable plea agreement pursuant to which Dr. Samueli would plead guilty to a crime he did not commit and pay a ridiculous sum of $12 million to the United States Treasury.
One must conclude that the government engaged in this misconduct to pressure Dr. Samueli to falsely admit guilt and incriminate Mr. Ruehle or, if he was unwilling to make such a false admission and incrimination, to destroy Dr. Samueli’s credibility as a witness for Mr. Ruehle. Needless to say, the government’s treatment of Dr. Samueli was shameful and contrary to American values of decency and justice.
The judge also notes that prosecutors stooped so low as to engage in a campaign of intimidation targeting one defendant’s thirteen-year-old son, whom they wanted to force to give evidence against his father. What the judge catalogues here is a laundry list of the tactics of Bush-era prosecutors who handled high-profile cases, especially cases which targeted political adversaries. The U.S. Attorney responsible for the case, and who ostensibly supervised the prosecutors involved, Bush holdover George S. Cardona, informed the judge he “respectfully disagreed with the decision.”
With the case against Broadcom disposed of, the question becomes what to do with the misbehaving prosecutors. If they are not disciplined–which has been the norm for the past eight years–that will furnish further evidence that their outrageous conduct is fully supported by those in charge at the Justice Department.
More from Scott Horton:
Conversation — August 5, 2016, 12:08 pm
Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
It was a frigid winter, and the Manhattan loft was cold — very cold. Something was wrong with the gas line and there was no heat. In a corner, surrounding the bed, sheets had been hung from cords to form a de facto tent with a small electric heater running inside. But the oddities didn’t end there: when I talked to the woman who lived in the loft about her work, she made me take the battery out of my cell phone and stash the device in her refrigerator. People who have dated in New York City for any length of time believe that they’ve seen everything — this was something new.
Our ongoing coverage of Donald Trump's presidency
Samuel Donkoh had just turned ten when he began to slip away. His brother Martin, two years his senior, first realized something was wrong during a game of soccer with a group of kids from the neighborhood. One minute Samuel was fine, dribbling the ball, and the next he was doubled over in spasms of laughter, as if reacting to a joke nobody else had heard. His teammates, baffled by the bizarre display, chuckled along with him, a response Samuel took for mockery. He grew threatening and belligerent, and Martin was forced to drag him home.
The final two contestants of the Scripps National Spelling Bee, held just outside Washington last May, had gone head-to-head for ten rounds. Nihar Janga, a toothy eleven-year-old with a bowl cut and the vocal pitch of a cartoon character, delighted the audience by breaking with custom: instead of asking the official pronouncer for definitions, he provided them himself. Taoiseach: “Is this an Irish prime minister?” (Yes.) Biniou: “Is this a Breton bagpipe?” (Right again.) His opponent, Jairam Hathwar, a stoic thirteen-year-old, had been favored to win, in large part because his older brother, Sriram, had won in 2014.
Mrs. B’s Baby Village Day Care was on a frontage road between a mattress wholesaler and a knife outlet. There were six or so babies as regulars and another one or two on weekends when their parents were passing through looking for work. They wouldn’t find work, of course, all the security positions were full, the timber and ore had all been taken under the active-stewardship program, and the closest new start-up industry was the geothermal field hundreds of miles away. Mrs. B didn’t even bother to write those babies’ names down in her book. It was fifteen dollars a day and they had to be in reasonable health. Even so the occasional mischievous illness would arise and empty the place out.
Amount Greece’s ruling Syriza party believes that Germany owes Greece in war reparations:
Americans of both sexes prefer the body odors of people with similar political beliefs.
Tens of thousands of people marched to promote science in cities across the world, and Trump issued an Earth Day statement in which he did not mention climate change.
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"It is an interesting and somewhat macabre parlor game to play at a large gathering of one’s acquaintances: to speculate who in a showdown would go Nazi. By now, I think I know. I have gone through the experience many times—in Germany, in Austria, and in France. I have come to know the types: the born Nazis, the Nazis whom democracy itself has created, the certain-to-be fellow-travelers. And I also know those who never, under any conceivable circumstances, would become Nazis."