Enron Executive to Supreme Court: I’m being unjustly prosecuted

By Michael Ruhl, University of New Mexico – Talk Radio News Service

Today one of Enron’s former executives found himself back in the lime light as the Supreme Court heard his case of being unjustly prosecuted. F. Scott Yeager, an executive at Enron Broadband Services, was caught up in the hunt for white-collar wrongdoing after the Enron scandal. He was charged with wire fraud, securities fraud, insider trading, money laundering, and conspiracy to engage in securities fraud and wire fraud. The original trial saw Yeager acquitted of three of the charges, but the jury couldn’t agree on the charges of insider trading and money laundering.

The United States government then tried to re-try the insider trading and money laundering charges, since the jury was undecided on the matter, something that Yeager says violates his rights against being prosecuted twice for the same matter. Yeager moved to have the case thrown out. He argued that he is protected by collateral estoppel, which prohibits the same issue from being tried twice, and is similar to double jeopardy. Yeager’s legal team relied on a good-faith defense in his initial trial, saying he was not guilty because he had a reasonable belief in his company’s financial stability. The argument for collateral estoppel was that since he was acquitted based on the good-faith defense, it would not be possible to prosecute him on insider trading, since the jury established he could not have illegality at the heart of his actions.

Both the District and Circuit Courts denied Yeager’s motion to have the case thrown out. Yeager then took the matter before the Supreme Court, in Yeager v. United States.

The Justices were undecided in the courtroom about whether or not the acquittal on the similar charges was enough to remove Yeager from any shadow of wrongdoing. Justices Samuel Alito and David Souter felt that he might have been acquitted for other reasons than simply the good-faith defense, although it was self evident that they could not know with certainty why the jury did what it did. The counsel for the United States said that the jury should have said Yeager was not guilty on the two undecided charges if they really meant it. Chief Justice John Roberts showed concern at the effect this decision could have on the Seventh Amendment in the Constitution, which protects the right to jury trials. Roberts questioned whether or not retrial of the undecided charges would undermine the jury’s decisions in the acquitted charges. Although Justice Stephen Breyer did not display a firm position on the case at large, he did say that he can’t think of why this wouldn’t be a second trial, and why collateral estoppel should not apply.

The Court is expected to return a decision on this case in May or June of this year.

McGovern calls for military options in Darfur

By Michael Ruhl, University of New Mexico – Talk Radio News Service

One week after thirteen international aid organizations were expelled from Darfur, and one day after President Obama named Former General J. Scott Gration as a special envoy to Sudan, Congressman Jim McGovern (D-Mass.) said that military options to stop the genocide should not be ruled out. These military options could come to fruition as a no-fly zone. McGovern hopes the Obama administration’s diplomacy can prevail, but went on to say that time is running out and that Obama should work with NATO, the African Union, and the Arab League to stop the violence immediately, since more people are dying each day.

The Congressman said, “What we have done up to this point has not worked.” He said that genocide, violence, and rape are continuing, and now the government is “going to starve people to death.” McGovern went on to say that the Sudanese government is “determined to kill the people of Darfur” and drew similarities between the situation and the Holocaust

The Save Darfur Coalition said that since the aid organizations were expelled by President Omar al-Bashir, approximately 1.1 million civilians have been left without food aid, 1.5 million without health care, and almost 1 million without drinking water. In the crisis at large, the United Nations states that since 2003 over 200,000 people have been killed, and over 2 million people have been displaced.

Sudanese President Omar al-Bashir expelled the aid organizations after being indicted by the International Criminal Court for crimes against humanity. Congressman Jim Moran (D-Va.) charged, “this expulsion of aid workers further confirms the legitimacy of the indictment,” and that the president is guilty as charged.

Congressman Chris Smith (R-N.J.) continued that he thinks there is no “political will” right now to send more troops into harm’s way considering America’s presence in Iraq and Afghanistan and feels that African Union forces should be left to do the job. African Union troops have unsuccessfully tried to quell the violence in the past. Smith said he believes a renewed effort by the African Union forces will yield better results.

Obama: AIG used taxpayer funds inappropriately

By Michael Ruhl, University of New Mexico - Talk Radio News Service

On the South Lawn of the White House today President Barack Obama said that the government must establish a regulatory framework to prevent future irresponsible activities such as those seen recently by AIG. Obama said that AIG used taxpayer funds inappropriately. He went on that the government is considering a power authority similar to that of the FDIC, which could exercise power proactively while moving to protect creditors, depositors, and consumers alike. The President said he has been working with Congressional leaders to this end, specifically with House Financial Services Committee Chairman Barney Frank (D-Mass.).

President Barack Obama said that although people in his administration did not cause AIG to inappropriately use taxpayers money, he himself was responsible for AIG’s overindulgences, because as president, “the buck stops with me”. Obama chagrined at having to “clean up after AIG’s mess”, and acknowledged that the American people are right to be upset with the situation. The president suggested that the country channel this anger to productive ends.

When questioned about recent calls for the resignation of Treasury Secretary Timothy Geithner, Obama said that Geithner has his complete confidence, and is “making all the right moves” after having been placed in a tough position.

Congressmen urge Obama to reconsider troop surge in Afghanistan

By Michael Ruhl, University of New Mexico – Talk Radio News Service

Today a league of congressmen sent a letter to President Obama asking him to reconsider his military policy in Afghanistan before committing 17,000 new troops in a surge. The letter said, “As the goals of our seven year military involvement remain troublingly unclear, we urge you to reconsider such a military escalation”. This letter came from a bipartisan group of 14 members of Congress.

Congressman Ed Whitfield (R-Ky.) said that he is “perplexed” by the president’s troop increase, considering that his administration has stated it is presently reviewing its strategy in Afghanistan. Congressman Jim McGovern (D-Mass.) said that America is getting deeper into a “war without end” and that we need an exit strategy in Afghanistan.

Both Ron Paul (R-Texas) and Dennis Kucinich (D-Ohio) expressed concern on waging an endless war in such a time of economic peril. Kucinich said what the country needs is a healthcare surge, a home ownership surge, and an employment surge.

Biden burns down the house with Fire Fighters Union

By Michael Ruhl, University of New Mexico - Talk Radio News Service

While speaking before an eager crowd at the International Association of Fire Fighters Union Conference, Vice President Joe Biden said that the Obama Administration is committed to helping public safety officials do their jobs more safely. Biden says that he understands that an inherently dangerous profession such as fire fighting can never be made completely safe, but we can make it “safer than it is today.” Biden quoted a study from the National Institute of Occupational Safety and Health, saying “the lack of staffing is the key cause of fire fighter fatality” and that to help make the first responder’s jobs easier and safer, they must be provided with better equipment, more fire fighters, and better training.

The Vice President said to rousing applause that The Public Safety Employee Cooperation Act, which was “blocked” by former President George W. Bush, will be signed into law by President Obama, and will “institutionalize that respect” which the public holds for them. He said that it is in “our nation’s own naked self interest” to take care of those that defend us and that when the fire fighting community is stronger, the rest of the community is safer.