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Alex Gibney’s new documentary, “Casino Jack and the United States of Money,” surveys the rise and fall of Jack Abramoff. Few aspects of this film are better than its coverage of Abramoff’s relationship with the Justice Department under John Ashcroft. First Abramoff and his team demonstrate their ability as lobbyists to manipulate the Justice Department. Then, as the lid is blown off the Abramoff operation, Justice ratchets up its own probe and prosecution. While the Bush Administration touted the case as evidence of its willingness to prosecute its own, those who studied the situation closely saw it as an exercise in subtle and effective damage control. Junior staffers were sacrificed, but major office holders and political campaign teams always seem to have escaped examination. One would have expected just the opposite: junior players given an opportunity to cooperate to help nab the big fish.
One lingering prosecution has been complicated by the Supreme Court’s ruling in Skilling. Kevin Ring served as a close advisor to Ashcroft and authored a biography of Antonin Scalia before becoming a Washington-based lobbyist and working closely with Abramoff. He was arrested two years ago “on conspiracy, fraud and obstruction-of-justice charges in connection with his alleged role in a four-year scheme to lavish tickets and trips on lawmakers and government officials in return for help for his clients,” according to the Washington Post. At his trial, the government relied on former deputy chief of staff in the criminal division, Robert Coughlin, for evidence, evidently as part of Coughlin’s own plea bargain. It also relied on the testimony of John Albaugh, the chief of staff to the then-chair of the House Appropriations Committee, who also said (again, as part of a plea bargain) that he had accepted “things of value” from Ring to influence decisions for the benefit of Ring’s clients. The case went to trial, and a hung jury resulted. “It could certainly make some of these defendants think, maybe they should have pushed harder,” said Washington defense counsel Stan Brand.
But that was only the beginning of the prosecution’s problems. The government decided to retry the case. In the meantime the Supreme Court handed down its decision in Skilling, in which it limited honest-services theft prosecutions to cases involving bribes and kickbacks. The Ring prosecution is under the honest-services theft rubric, and the government has had a very difficult time explaining how it involves bribes and kickbacks. And now both key witnesses, Coughlin and Albaugh, say that, contrary to their earlier testimony, they no longer believe that they were influenced by Ring’s gifts in discharging their duties. On the other hand, Ashcroft’s chief of staff as attorney general, David Ayers, pleaded the fifth to avoid testifying at the original trial, and the trial judge is now apparently requiring him to testify, finding that he is no longer in jeopardy of prosecution.
One may well wonder how powerful Washington lawyers can completely reverse the sworn evidence they gave in an earlier trial. But all of this will make the prosecution highly problematic–it is clearly skating the outermost perimeters of what the Supreme Court has authorized in Skilling. It helps explain why Lanny Breuer was on Capitol Hill this week pushing to have Skilling overturned. It also leaves some interesting questions: what did prosecutors say or do to secure the cooperation of two senior witnesses who have now recanted?
More from Scott Horton:
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.
i. stand with israel
I listen to a lot of conservative talk radio. Confident masculine voices telling me the enemy is everywhere and victory is near — I often find it affirming: there’s a reason I don’t think that way. Last spring, many right-wing commentators made much of a Bloomberg poll that asked Americans, “Are you more sympathetic to Netanyahu or Obama?” Republicans picked the Israeli prime minister over their own president, 67 to 16 percent. There was a lot of affected shock that things had come to this. Rush Limbaugh said of Netanyahu that he wished “we had this kind of forceful moral, ethical clarity leading our own country”; Mark Levin described him as “the leader of the free world.” For a few days there I yelled quite a bit in my car.
The one conservative radio show I do find myself enjoying is hosted by Dennis Prager. At the Thanksgiving dinner of American radio personalities (Limbaugh is your jittery brother-in-law, Michael Savage is your racist uncle, Hugh Hewitt is Hugh Hewitt) Dennis Prager is the turkey-carving patriarch trying to keep the conversation moderately high-minded. While Prager obviously doesn’t like liberals — “The gaps between the left and right on almost every issue that matters are in fact unbridgeable,” he has said — he often invites them onto his show for debate, which is rare among right-wing hosts. Yet his gently exasperated take on the Obama–Netanyahu matchup was among the least charitable: “Those who do not confront evil resent those who do.”
Pairs of moose-dung earrings sold each year at Grizzly’s Gifts in Anchorage, Alaska:
An Alaskan brown bear was reported to have scratched its face with barnacled rocks, making it the first bear seen using tools since 1972, when a Svalbardian polar bear is alleged to have clubbed a seal in the head with a block of ice.
A former prison in Philadelphia that has served as a horror-movie set was being prepared as a detention center for protesters arrested at the upcoming Democratic National Convention, and presumptive Republican presidential nominee Donald Trump fired his campaign manager.
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“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”