No Comment — May 1, 2012, 10:04 am

Bread, Circuses, and the Edwards Prosecution

Last week, in a courtroom in Greensboro, North Carolina, the Justice Department launched its latest political charade in the guise of a public-integrity prosecution. Former Democratic vice-presidential nominee John Edwards, a man with whom President Obama once broached the possibility of an appointment as attorney general, faces charges that he spent nearly $1 million in campaign donations to cover up an embarrassing sexual liaison. This, prosecutors insist, was a federal crime, for which Edwards could spend as many as thirty years in prison and face a $1.5 million fine.

Meanwhile, on televisions across the state, a well-financed G.O.P. advertising campaign, apparently timed to coincide with the trial, is launching broadsides against sexual indiscretions and moral laxity by leading figures in the North Carolina Democratic Party. And in North Carolina’s thirteenth congressional district, which sweeps in a crescent north and west from Raleigh, George Holding is seeking to reclaim the district for the G.O.P. Holding is both a dedicated Republican activist and the Bush-era U.S. attorney who launched a criminal probe targeting Edwards, the former darling of North Carolina Democrats. As a U.S. attorney, Holding championed the idea of charging Edwards with election-finance crimes. Election-law experts around the country view Holding’s theories as borderline crackpot, but the Holder Justice Department, fearing that it would be accused of partisanship, allowed Holding to stay on and gave him free rein to pursue the case, even as his other objectives—tilting the political balance in the state toward the G.O.P. and winning a seat in Congress for himself—were open secrets.

The Edwards prosecutors may well win their case, but not because any crime was involved. Rather, they’re likely to win because John Edwards is one of the most reviled politicians in the United States, and so a choice target. No doubt his affair, undertaken while his heroic wife was dying of cancer, makes him the definition of a cad, but while he may be morally unsuited for high office, that is not the question in this trial. If Edwards can be imprisoned for using campaign funds to try to cover up his flaws, then few politicians could fairly escape prison. The Justice Department appears instead to be engaged in statutory vandalism, and it is awarding itself exceptional power to intrude into the electoral process—a power that is ripe for abuse, as the Edwards case demonstrates.

The DOJ’s public-integrity prosecutions have careened in recent years from one humiliation to the next, with little thought for the damage the department is doing to the law or to its own reputation. First came the prosecutions of Alaska Senator Ted Stevens and Alabama Governor Don Siegelman, both cases in which the department secured convictions through false evidence, as prosecutors suppressed exculpatory materials that established the innocence of the defendants. Then came the $40 million Alabama bingo prosecution, touted by Assistant Attorney General Lanny Breuer as a demonstration of the department’s commitment to stopping bribery in the legislative process. That case ended with acquittals across the board, after the evidence demonstrated not corruption, but the duping of the DOJ by political hacks with racist motives—as the judge himself pointed out.

After these serial calamities, public-integrity prosecutors are now sallying forth with the Edwards trial, providing fodder for the National Enquirer and Entertainment Tonight while provoking disgust from commentators across the political spectrum who are seriously concerned about political ethics and campaign finance regulation. As the Justice Department has pursued these cases, draining the public coffer and trust, it has failed to prosecute other, more important crimes. The financial collapse that occurred in the fourth quarter of 2008 was caused by some of the most massive fraud and most spectacular failure of regulatory oversight in the nation’s history. In large measure, this failure belonged to the DOJ’s Criminal Division, which is ultimately responsible for oversight and enforcement. Four years after the crisis, the department maintains its posture of somnolence in the face of systemic, widely documented fraud.

An excellent example comes in the case of Countrywide Financial Corp, which saw former employees like Eileen Foster, the recipient of this year’s Ridenhour Prize for Truth-telling, expose themselves to enormous risk in order to discover and bring to light criminal activities like the ones described by the Center for Public Integrity’s iWatch News:

By intercepting the documents before they were sliced by the shredder, the investigators were able to uncover what they believed was evidence that branch employees had used scissors, tape and Wite-Out to create fake bank statements, inflated property appraisals and other phony paperwork. Inside the heaps of paper, for example, they found mock-ups that indicated to investigators that workers had, as a matter of routine, literally cut and pasted the address for one home onto an appraisal for a completely different piece of property.

When the Countrywide whistleblowers turned to federal prosecutors, however, they encountered a massive yawn. Assistant Attorney General Lanny Breuer, the same man who bears responsibility for the Stevens, Siegelman, Alabama bingo, and Edwards fiascos, told Steve Kroft of 60 Minutes, “In our criminal justice system, you have to prove beyond a reasonable doubt that you intended to commit a fraud.” But Breuer’s claim that the evidence in the Countrywide case failed to constitute proof will not be convincing to anyone who has looked at the record. Rather, the case reflects a failure of political will at Justice to enforce the law—and an infantile obsession with high-profile political gamesmanship.

The DOJ’s political prosecutions demonstrate its exceptional vulnerability to political manipulation, its absence of professional independence, and its consistent failure to exhibit mature, detached judgment. The Edwards case perfectly encapsulates these qualities, and leads to an inescapable conclusion: that the upper echelon of the Justice Department, whether under Democratic or Republican administrations, is filled with political hacks eager to pad their résumés before launching their political careers.

Share
Single Page

More from Scott Horton:

Conversation August 5, 2016, 12:08 pm

Lincoln’s Party

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

Burn Pits

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.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

Get access to 167 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

February 2018

The Bodies in The Forest

= Subscribers only.
Sign in here.
Subscribe here.

The Minds of Others

= Subscribers only.
Sign in here.
Subscribe here.

Modern Despots

= Subscribers only.
Sign in here.
Subscribe here.

Before the Deluge

= Subscribers only.
Sign in here.
Subscribe here.

Notes to Self

= Subscribers only.
Sign in here.
Subscribe here.

Within Reach

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
The Minds of Others·

= Subscribers only.
Sign in here.
Subscribe here.

Progress is impossible without change,” George Bernard Shaw wrote in 1944, “and those who cannot change their minds cannot change anything.” But progress through persuasion has never seemed harder to achieve. Political segregation has made many Americans inaccessible, even unimaginable, to those on the other side of the partisan divide. On the rare occasions when we do come face-to-face, it is not clear what we could say to change each other’s minds or reach a worthwhile compromise. Psychological research has shown that humans often fail to process facts that conflict with our preexisting worldviews. The stakes are simply too high: our self-worth and identity are entangled with our beliefs — and with those who share them. The weakness of logic as a tool of persuasion, combined with the urgency of the political moment, can be paralyzing.

Yet we know that people do change their minds. We are constantly molded by our environment and our culture, by the events of the world, by the gossip we hear and the books we read. In the essays that follow, seven writers explore the ways that persuasion operates in our lives, from the intimate to the far-reaching. Some consider the ethics and mechanics of persuasion itself — in religion, politics, and foreign policy — and others turn their attention to the channels through which it acts, such as music, protest, and technology. How, they ask, can we persuade others to join our cause or see things the way we do? And when it comes to our own openness to change, how do we decide when to compromise and when to resist?

Illustration (detail) by Lincoln Agnew
Article
Within Reach·

= Subscribers only.
Sign in here.
Subscribe here.

On a balmy day last spring, Connor Chase sat on a red couch in the waiting room of a medical clinic in Columbus, Ohio, and watched the traffic on the street. His bleached-blond hair fell into his eyes as he scrolled through his phone to distract himself. Waiting to see Mimi Rivard, a nurse practitioner, was making Chase nervous: it would be the first time he would tell a medical professional that he was transgender.

By the time he arrived at the Equitas Health clinic, Chase was eighteen, and had long since come to dread doctors and hospitals. As a child, he’d had asthma, migraines, two surgeries for a tumor that had caused deafness in one ear, and gangrene from an infected bug bite. Doctors had always assumed he was a girl. After puberty, Chase said, he avoided looking in the mirror because his chest and hips “didn’t feel like my body.” He liked it when strangers saw him as male, but his voice was high-pitched, so he rarely spoke in public. Then, when Chase was fourteen, he watched a video on YouTube in which a twentysomething trans man described taking testosterone to lower his voice and appear more masculine. Suddenly, Chase had an explanation for how he felt — and what he wanted.

Illustration by Taylor Callery
Article
Before the Deluge·

= Subscribers only.
Sign in here.
Subscribe here.

In the summer of 2016, when Congress installed a financial control board to address Puerto Rico’s crippling debt, I traveled to San Juan, the capital. The island owed some $120 billion, and Wall Street was demanding action. On the news, President Obama announced his appointments to the Junta de Supervisión y Administración Financiera. “The task ahead for Puerto Rico is not an easy one,” he said. “But I am confident Puerto Rico is up to the challenge of stabilizing the fiscal situation, restoring growth, and building a better future for all Puerto Ricans.” Among locals, however, the control board was widely viewed as a transparent effort to satisfy mainland creditors — just the latest tool of colonialist plundering that went back generations.

Photograph from Puerto Rico by Christopher Gregory
Article
Monumental Error·

= Subscribers only.
Sign in here.
Subscribe here.

In 1899, the art critic Layton Crippen complained in the New York Times that private donors and committees had been permitted to run amok, erecting all across the city a large number of “painfully ugly monuments.” The very worst statues had been dumped in Central Park. “The sculptures go as far toward spoiling the Park as it is possible to spoil it,” he wrote. Even worse, he lamented, no organization had “power of removal” to correct the damage that was being done.

Illustration by Steve Brodner
Post
CamperForce·

= Subscribers only.
Sign in here.
Subscribe here.

After losing their savings in the stock market crash of 2008, seniors Barb and Chuck find seasonal employment at Amazon fulfillment centers.

Minimum number of shooting incidents in the United States in the past year in which the shooter was a dog:

2

40,800,000,000 pounds of total adult human biomass is due to excessive fatness.

Trump’s former chief strategist, whom Trump said had “lost his mind,” issued a statement saying that Trump’s son did not commit treason; the US ambassador to the United Nations announced that “no one questions” Trump’s mental stability; and the director of the CIA said that Trump, who requested “killer graphics” in his intelligence briefings, is able to read.

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

HARPER’S FINEST

Report — From the June 2013 issue

How to Make Your Own AR-15

= Subscribers only.
Sign in here.
Subscribe here.

By

"Gun owners have long been the hypochondriacs of American politics. Over the past twenty years, the gun-rights movement has won just about every battle it has fought; states have passed at least a hundred laws loosening gun restrictions since President Obama took office. Yet the National Rifle Association has continued to insist that government confiscation of privately owned firearms is nigh. The NRA’s alarmism helped maintain an active membership, but the strategy was risky: sooner or later, gun guys might have realized that they’d been had. Then came the shootings at a movie theater in Aurora, Colorado, and at Sandy Hook Elementary School in Newtown, Connecticut, followed swiftly by the nightmare the NRA had been promising for decades: a dedicated push at every level of government for new gun laws. The gun-rights movement was now that most insufferable of species: a hypochondriac taken suddenly, seriously ill."

Subscribe Today