C M Y K A5
DAILY 03-02-10 MD SU A5 CMYK
TUESDAY, MARCH 2, 2010
KLMNO S
The Nation
A5
Skilling case latest to test ‘honest services’
The same is true with a law that in Houston was that Houston citi- “truncated” process the judge
by Robert Barnes outlaws the deprivation of “hon- zens, as we pointed out in our was willing to let through a wom-
est services,” he said. brief, in fact referred to what hap- an who said she had lost more
Lawyers for former Enron CEO The government has been over pened in the wake of the collapse than $50,000 in the collapse.
Jeffrey Skilling on Monday gave this ground before. Skilling’s is of Enron in terms that were simi- “How can we be satisfied that a
the Supreme Court a host of rea- the third case of the term in lar to the way they referred to a fair and impartial jury was
sons it could overturn Skilling’s which the court has examined terrorist attack,” said Skilling picked when the judge doesn’t
conviction and lengthy prison the law, which is a favorite of fed- lawyer Sri Srinivasan. “They in follow up when the witness said,
term, from the “wave of passion” eral prosecutors who have gone fact talked about it in terms of the ‘I’m a victim of this crime,’ ” Soto-
that purportedly poisoned the after corrupt politicians and cor- 9/11 attack.” mayor said.
jury pool in Houston to the porate honchos who have be- Srinivasan failed to get much Justice Stephen G. Breyer was
vagueness of the charges lodged trayed the trust of stockholders. traction with the court on his ar- also critical of the process, but
against him. Skilling was convicted on 19 gument that it was impossible for worried about how the court
The justices seemed unmoved charges — one of which used the Skilling to receive a fair trial in would come up with a rule that
MANUEL BALCE CENETA/ASSOCIATED PRESS
by arguments that the trial never honest services law to further a Houston. But some of the justices would guide judges. Daniel Petrocelli, lawyer for former Enron chief executive Jeffrey
should have been held in Hous- conspiracy charge — after lying questioned how quickly District “Judges have to run their trials. Skilling, leaves the Supreme Court. Skilling is seeking a new trial.
ton, but did have sharp questions about the financial health of En- Judge Simeon T. Lake III certified And if we tell the judges that they
about the speedy process with ron; he sold a half-million shares a jury in the high-stakes trial and have got to do more, that will be- tortion” about the tenor of Hous- the honest services law is un-
which the judge selected a jury. and made a profit of $15 million a whether he had spent enough come exaggerated, and they will ton at the time of the trial, several constitutionally vague could have
And the court continued its skep- few months before Enron fell into time screening for bias. administer it in a way that will years after the collapse. He ac- more lasting implications for fed-
ticism about a federal law making bankruptcy. Skilling, 56, is serv- Srinivasan said Lake took only make it hard to select juries,” cused them of putting together “a eral prosecutors.
it a crime to deprive the public or ing a 24-year sentence at a federal five hours to find the 12 jurors, Breyer said. He asked Srinivasan highlight reel of every bad head- The court, in essence, has the
one’s employer of “honest ser- prison in Colorado. spending less than five minutes how to “sketch a line” for the line in every Houston publication issue surrounded. In addition to
vices,” asking whether the law is The spectacular collapse of En- with each one. By contrast, Srini- court. and claiming that the entire juris- Skilling’s constitutional claim,
too vague to signal exactly what ron, once the nation’s seventh- vasan said, the judge presiding Srinivasan had some trouble diction, all 4.5 million people, vir- the court has heard a challenge to
constitutes criminal behavior. largest corporation, cost 5,000 over the trial of Oklahoma City being specific. He said in cases tually, were infected with some the law from former newspaper
“Suppose you have a statute jobs and $1 billion in employee bomber Timothy McVeigh moved where a “wave of public passion” sort of pervasive prejudice.” (The tycoon Conrad M. Black and an
that makes it criminal to do any pension funds. It prompted sev- the trial to Denver and still took permeates the community, judges Washington Post and other me- Alaska state representative
bad thing, okay?” Justice Antonin eral criminal investigations, a 18 days to select a jury; even the have to be especially vigilant in dia companies filed a brief urging named Bruce Weyhrauch (R).
Scalia asked Deputy Solicitor round of congressional legisla- trial of Martha Stewart required inquiring about prejudice and the justices not to rule so broadly The court will rule on the
General Michael R. Dreeben. It is tion and devastation in the Hous- a six-day search for jurors. biases and quick to pass on jurors that judges would curtail media cases, including Skilling v. Unit-
clear that murder would be cov- ton area, where the company was Justice Sonia Sotomayor, the who exhibit them. coverage of important trials.) ed States, before its adjournment
ered, Scalia continued, but what headquartered. only justice who has experience Dreeben said Skilling’s lawyers Skilling is asking for a new at the end of June.
other behavior would qualify? “The sentiment on the ground picking a jury, noted that in the had created an “immense dis- trial. But a decision on whether barnesbob@washpost.com
Court declines to rule on resettlement of Guantanamo detainees
urged the court not to dismiss
the case, saying it would only de-
lay an inevitable decision. The
2008 decision in Bourmediene v.
Court of Appeals for the District tion of Palau or a second, undis- light of the new facts, and we de- the United States. But a three- Bush would be meaningless if
by Robert Barnes of Columbia Circuit that had closed country. cline to be the first to do so,” the judge panel of the D.C. Circuit judges did not have the power to
been challenged by attorneys for The court, which was sched- order said. overruled Judge Ricardo M. Urbi- order a release when finding a
The Supreme Court on Mon- the detainees. The ruling said uled to hear the case later this The Uighurs were captured in na’s decision, saying that only the detainee was being held illegally.
day dismissed a major separa- that the judicial branch had no month, was convinced. Pakistan and Afghanistan in legislative and executive branch- The lawyers said that other
tion-of-powers case involving power to release into the United “Each of the detainees at issue 2001 and have been held at the es had the power to exclude or cases are waiting — there are 188
what rights federal judges have States those cleared of being en- in this case has received at least U.S. military prison at Guanta- admit foreigners to the country. detainees still at Guantanamo —
to free Guantanamo Bay detain- emy combatants but who cannot one offer of resettlement in an- namo Bay, Cuba. But both the The case followed the Supreme and that the court should decide
ees who are found not to pose a be returned to their home coun- other country,” the court said in Bush and Obama administra- Court’s 2008 decision that Guan- the judicial power issue now. But
threat to the United States. tries for fear of persecution. an unsigned, three-paragraph or- tions have agreed their capture tanamo detainees had the right they also argued that, if the court
The justices, without recorded The Obama administration der. “Most of the detainees have was a mistake and concluded to prove to a federal judge that decided not to hear the case be-
dissent, agreed with the Obama has been working to find a neu- accepted an offer of resettle- that the men pose no threat to they were being unlawfully held cause of the changed circum-
administration that changed cir- tral country to accept the Ui- ment; five detainees, however, the United States. However, the as enemy combatants. The Ui- stances, it should void the circuit
cumstances meant that the chal- ghurs and avoid another show- have rejected two such offers and Uighurs are considered terrorists ghur case would have provided a court’s decision so that it did not
lenge, brought by a group of Chi- down at the Supreme Court on are still being held at Guanta- by the Chinese government and logical next step, determining stand as precedent. The justices
nese Muslims known as Uighurs, detainee rights. It persuaded namo Bay.” risk persecution if they return to what powers a judge has to re- sent the case back to lower courts
was not ripe for the court’s con- Switzerland to take two of the That set of facts, the court said, China. lease such a person, especially for reconsideration in light of the
sideration. men and said the others had changed the basic issue that the A federal judge ruled that, if when a return to the person’s resettlement offers.
At the same time, the justices been offered, but turned down, lower courts had considered. “No there were no other place to go, home country is not an option. The case is Kiyemba v. Obama.
wiped out a ruling by the U.S. the chance to go to the island na- court has yet ruled in this case in the men could be released into Attorneys for the Uighurs barnesb@washpost.com
Through the Parent’s Letter Project, parents of children who have
been patients at the Children’s National Medical Center provide
support to families undergoing similar treatments. If you would like
to read their letters or write one that could help a family, please visit
www.AParentsLetter.com.
The nation’s children’s hospital developed
the international standard of care for the
most malignant of childhood cancers.
At the Children’s National Medical Center, doctors and scientists working in tandem,
have perfected the method now used throughout the world to treat tumors in the brain.
And it’s likely that’s why the team here is called upon to evaluate cases from all over
the United States.
Another team developed a treatment now also accepted worldwide to treat very
aggressive kidney tumors.And still another is pioneering an approach that triggers
the body’s own immune system to attack cancer cells.The nation’s children deserve
nothing less.
Oncology is but one example of many. Please keep this in mind: the moment your
doctor recommends you see a specialist, get your child to the Children’s National
Medical Center.
To make an appointment, call (202)476-BEAR or for more information,
go to www.childrensnational.org.
© Children’s National Medical Center
C M Y K A5
Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48