Sunday, July 22, 2007

Kirkendall: Enron prosecutors' bullying caused more harm than good

Speaking of prosecutors, Houston lawyer Tom Kirkendall offers some clear thinking about the legacy of federal prosecutors in the Enron Task Force, unveiling a crumbling edifice behind the Potemkin justice touted in a celebratory USDOJ press release. Among their sins, says Kirkendall:

The Task Force engaged in a dubious tactic of fingering potential defense witnesses as either unindicted co-conspirators or targets of the Enron criminal investigation to deter those witnesses from testifying for defendants in the Enron criminal trials. Strong evidence exists that the Task Force threatened witnesses with indictment (see also here and here) if they testified for the defense in the Lay-Skilling trial.

The Task Force's tactics have had a negative impact on such fundamental rights as the attorney-client privilege, the presumption of innocence and the right to a fair trial, not to speak of the negative effect on creation of wealth and jobs.

Good stuff, Tom!

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