The media reports, webbed overnight and today, on the Conrad Black trial have mostly stayed focused upon the deliberations, except for one that focuses on the most watched defendant:
1. The National Post's Theresa Tedesco has written a feature on Conrad Black's life as of now, as based upon an interview with Conrad himself. It's entitled "Black: Not The Trial I Expected," and it features him discussing the fairness of the trial, his family, and hinting at what he plans to do if he's not acquitted by the jury. It also mentions that Conrad's ex-wife Joanna is down in Chicago too.
2. A brief item from the Toronto Sun starts off with noting that the jury will be deliberating Monday from 9 AM CT to 4:45 PM ET.
3. The Calgary Sun has webbed an abridged Canadian Press report that recaps yesterday's wait.
4. The Edmonton Journal has webbed an even briefer recap item, entitled "Black jury back Monday to deliberate."
5. 680 News has webbed a report whose subject is item #1. It contains a summary of the interview, with highlights.
----------
Regular trial-watcher Douglas Bell has penned a review of Woody Allen's latest book, Mere Anarchy, for the Globe and Mail. His recommendation: a worthy effort from Mr. Allen, but wait for the movie.
Mark Steyn, in his Maclean's Conrad Black trial blog, makes a supplementary point about his earlier characterization of the non-compete agreements with American Publishing, reinforcing his conclusion. Instead of arguing that the associated payments were legal because they would restrict the defendants' conduct had he resigned from Hollinger International, he argues that the payments were legal because no theft from Hollinger Int'l was ever involved. The reason behind the supplementation of his original argument was he being informed by a defense lawyer that the characterization of the APC non-compete payments in David Radler's testimony was different from what Mr. Steyn had originally wrote. The latter was based a point made by Patrick Tuite during the closing argument.
Someone who turned out not to be associated with the trial got some good news today: Donald Trump's "The Apprentice" show has been renewed for another season.
Saturday, July 7, 2007
Friday, July 6, 2007
Media Roundup: Conclave
The media reports, webbed overnight and today, on the Conrad Black trial have mostly concentrated on yesterday's meeting about the forfeiture issue:
1. The Hamilton Spectator has webbed an abridged report on yesterday's forfeiture meeting, and the sixth day of jury deliberations, by Romina Maurino.
2. From the Chicago Tribune, a report on the current state of business of Sun-Times Media Group. Despite coming in with a loss of $4.8 million for this quarter, the current CEO claims that STMG is running in the black with only the costs of defending Conrad Black and the three other defendants tipping its income statement into the red. According to the article, the company has been paying 75 percent of the costs of Conrad's defense.
3. Also from the Tribune, a report by Ameet Sachdev that centres on the forfeiture hearing, mentioning that Conrad could lose up to $92 million if convicted on the major charges.
4. A report webbed by the Montreal Gazette starts off with a recap of the lawsuit filed by Hollinger Inc. against three big Canadian banks. It notes that one of the pieces of claimed evidence mentioned in the complaint was, "when the banks did become concerned in 2002, they pushed Hollinger to pay off its loans through a debt offering that left the company with obligations carrying annual interest charges around 13 per cent." The rest of the report recaps yesterday's deliberations and forfeiture hearing, and says that the jurors had requested a fix of the audio equipment last Tuesday.
5. Joe Warmington's latest column, as webbed by the Winnipeg Sun, discusses the jury-watching and says that the practice fills an important psychological need even if it has no forecast value. [An abridged version, but with the names of Eddie Greenspan's more famous clients added to it, has been webbed by the Edmonton Sun.]
6. Janet Whitman of the New York Post has a report of her own that starts off with a recap of the forfeiture hearing, and ends with a brief description of the Hollinger Inc. lawsuit. In its middle, it mentions that "[t]he jurors spent at least part of yesterday reviewing audiotapes of two annual meetings held by Hollinger International in which Black defended lavish payouts to himself and other top executives."
7. Another abridged version of the same Canadian Press report by Ms. Maurino has been webbed by the Calgary Sun. It says that the "[l]awyers for all the defendants will agree on their forfeiture instructions and preferences soon, since St. Eve said she wanted the issue to be decided before the jury comes back with a verdict."
8. Paul Waldie's own report on yesterday's forfeiture hearing, webbed by the Globe and Mail, begins with: "Conrad Black's lawyers signalled yesterday that they will block attempts by prosecutors to seize Lord Black's mansion in Palm Beach, Fla., if he is convicted." It also says that Conrad's legal team "was leaning toward the judge" to decide any forfeiture of assets as of yesterday.
9. A report by Rick Westhead of the Toronto Star says that Judge St. Eve has confirmed that the jurors had asked for a fix of the audio equipment. It also notes that the "jurors want to review an audiotape of showdowns between Black and Hollinger International Inc. investors at two shareholder meetings."
10. The continuing deliberations have made item #7 in the Boston Globe's "Business Notebook." It's entitled "Not Yet."
11. Michael Sneed's latest column in the Chicago Sun-Times mentions that Conrad Black, by not showing up at the party to commemorate the 75th anniversary of Franklin D. Roosevelt's acceptance of the Democratic Party nomination for President, had also missed some British reporters who showed up to see him.
12. 680 News has webbed a CP note that says the jury will be deliberating until 2 PM today.
13. At 11:40 AM ET, CTV NewsNet broadcasted a report by David Akin. He said that the jurors are deliberating, but there are no defendants, lawyers or reporters in the courtroom. It's been rumoured that the jurors are looking at the security-cam video of Conrad taking out the 13 boxes: there's hope that the charges for Conrad Black have all been worked through, except for the obstruction of justice and tax-fraud ones. (This rumour might actually be true.)
14. BNN aired a report from Amanda Lang at 1:32 PM ET. She said that she found out from a member of the defense team this morning that the jurors had left a note yesterday saying that they were leaving early because it "seemed like a good time to break." These words could mean that they're close to a verdict. The juror-watching is focusing on clothes now. The latest theory is that jurors dressing more formally means a verdict is near. (Ms. Lang didn't pass along any that suggested the verdict is far away.)
The names of the jurors should have released by now, but the court has demurred due to mistrial concerns. The names will be released only after the verdict is delivered, and any other juror duties are over. The Chicago Tribune is suing over this.
15. BNN's 3 PM newscast disclosed that the jurors have ended deliberations for the week without a verdict being reached. They'll continue Monday at 9 AM CT.
16. CTV NewsNet had an interview with Paula Todd, aired at 3:32 PM. After building on her point that no-one knows how long the deliberations will be, Ms. Todd said that six to eight days' worth of deliberations is normal for cases of this kind. If there's a hung jury, the foreman would tell Judge St. Eve and she would probably send them back. If they stay hung, then a mistrial will be declared. Any mistrial would be applicable on a charge-by-charge basis; a unanimous decision for any other charge by the same jury will stand. The prosecution has the option of retrying any charges that resulted in a hung jury. Ms. Todd believes that the jurors are taking the case seriously; they're being thorough. They could very well deliberate for another week.
17. WQAD.com has webbed an Associated Press summary report on the day's deliberations.
18. CBC News has a report by Romina Maurino on the same subject. It contains a summary of the day's jury-watching speculations.
19. At the end of the BNN show "Squeeze Play," Mr. Waldie reported that Monday's deliberations will take place from 9 AM to 4:45 PM, noted that a verdict doesn't seem imminent, and speculated that it will come down at or near the end of next week.
20. A BBC News report recaps the case after starting off by mentioning that the jury will be back Monday for the eighth day of deliberations. It uses the term "so-called 'non-compensation' payments" to refer to non-compete payments.
----------
Mark Steyn, in his Maclean's Conrad Black trial blog, has made it to charges 2, 3 and 4 of the indictment, against Mark Kipnis, in his argument that all of the charges rate acquittals. A more recent entry finishes the series with an argument that Count 1, the "heart of the case," should be met with an acquittal because the non-compete payments are not inconsistent with industry custom and were disclosed.
Another perspective on Conrad Black has been penned by J. Richard Finlay in "Finlay ON Governance." The second part of Mr. Finlay's look at the approaching end of the Conrad Black trial holds that Conrad Black, despite his erudition which Mr. Finlay points to, has an element of "larger than life disappointment. Mr. Black was afforded every opportunity at an early age, including the alacritous assistance of the all-connected and the impressively powerful. Yet, in the end, so much seems to have been squandered." Conrad Black's tragic flaw, according to the piece, is an entitlement mentality plus too thin a skin. Mr. Black has been afflicted by hubris.
On the lighter side, the National Post blog "Posted" has a link to an entry by Mary Vallis on the "Black Board," which contains an anecdote about James Bone poking fun at the tea-leaf gazers as part of number 3 of three reasons for the trial ending soon, soon, soon: "The donuts [brought by Eric Sussman] are a significant sign,” said Times of London reporter James Bone, chief unpaid jury analyst who wanders the halls presenting his various theories... 'The donuts clearly signal it’s over. Why aren’t we getting doughnuts from Eddie Genson?'"
Rush Limbaugh, in a show transcript entitled "Just Read the First Two Paragraphs, Folks," has mentioned the coverage of the trial as an example of how to read the media: "the last three pages are going to have nothing but a summary of all the gobbledygook that's come before. The Conrad Black trial is the best example.... The story in the New York Post today had one paragraph of new information about the feds trying to already figure out what of his assets they can seize. The last paragraphs of the story are... just a rehash. So read the first two paragraphs, folks. You'll be saner, you'll know more and you'll be less angry."
Also, Douglas Bell, in the Toronto Life Conrad Black trial, has continued his coverage of James Bone in his "Today's Top Stories" entry. A second one, on the wait for the verdict, contains this observation: " As deliberations move well into their second week, one senses a building anxiety, or fear, or just plain existential impatience."
1. The Hamilton Spectator has webbed an abridged report on yesterday's forfeiture meeting, and the sixth day of jury deliberations, by Romina Maurino.
2. From the Chicago Tribune, a report on the current state of business of Sun-Times Media Group. Despite coming in with a loss of $4.8 million for this quarter, the current CEO claims that STMG is running in the black with only the costs of defending Conrad Black and the three other defendants tipping its income statement into the red. According to the article, the company has been paying 75 percent of the costs of Conrad's defense.
3. Also from the Tribune, a report by Ameet Sachdev that centres on the forfeiture hearing, mentioning that Conrad could lose up to $92 million if convicted on the major charges.
4. A report webbed by the Montreal Gazette starts off with a recap of the lawsuit filed by Hollinger Inc. against three big Canadian banks. It notes that one of the pieces of claimed evidence mentioned in the complaint was, "when the banks did become concerned in 2002, they pushed Hollinger to pay off its loans through a debt offering that left the company with obligations carrying annual interest charges around 13 per cent." The rest of the report recaps yesterday's deliberations and forfeiture hearing, and says that the jurors had requested a fix of the audio equipment last Tuesday.
5. Joe Warmington's latest column, as webbed by the Winnipeg Sun, discusses the jury-watching and says that the practice fills an important psychological need even if it has no forecast value. [An abridged version, but with the names of Eddie Greenspan's more famous clients added to it, has been webbed by the Edmonton Sun.]
6. Janet Whitman of the New York Post has a report of her own that starts off with a recap of the forfeiture hearing, and ends with a brief description of the Hollinger Inc. lawsuit. In its middle, it mentions that "[t]he jurors spent at least part of yesterday reviewing audiotapes of two annual meetings held by Hollinger International in which Black defended lavish payouts to himself and other top executives."
7. Another abridged version of the same Canadian Press report by Ms. Maurino has been webbed by the Calgary Sun. It says that the "[l]awyers for all the defendants will agree on their forfeiture instructions and preferences soon, since St. Eve said she wanted the issue to be decided before the jury comes back with a verdict."
8. Paul Waldie's own report on yesterday's forfeiture hearing, webbed by the Globe and Mail, begins with: "Conrad Black's lawyers signalled yesterday that they will block attempts by prosecutors to seize Lord Black's mansion in Palm Beach, Fla., if he is convicted." It also says that Conrad's legal team "was leaning toward the judge" to decide any forfeiture of assets as of yesterday.
9. A report by Rick Westhead of the Toronto Star says that Judge St. Eve has confirmed that the jurors had asked for a fix of the audio equipment. It also notes that the "jurors want to review an audiotape of showdowns between Black and Hollinger International Inc. investors at two shareholder meetings."
10. The continuing deliberations have made item #7 in the Boston Globe's "Business Notebook." It's entitled "Not Yet."
11. Michael Sneed's latest column in the Chicago Sun-Times mentions that Conrad Black, by not showing up at the party to commemorate the 75th anniversary of Franklin D. Roosevelt's acceptance of the Democratic Party nomination for President, had also missed some British reporters who showed up to see him.
12. 680 News has webbed a CP note that says the jury will be deliberating until 2 PM today.
13. At 11:40 AM ET, CTV NewsNet broadcasted a report by David Akin. He said that the jurors are deliberating, but there are no defendants, lawyers or reporters in the courtroom. It's been rumoured that the jurors are looking at the security-cam video of Conrad taking out the 13 boxes: there's hope that the charges for Conrad Black have all been worked through, except for the obstruction of justice and tax-fraud ones. (This rumour might actually be true.)
14. BNN aired a report from Amanda Lang at 1:32 PM ET. She said that she found out from a member of the defense team this morning that the jurors had left a note yesterday saying that they were leaving early because it "seemed like a good time to break." These words could mean that they're close to a verdict. The juror-watching is focusing on clothes now. The latest theory is that jurors dressing more formally means a verdict is near. (Ms. Lang didn't pass along any that suggested the verdict is far away.)
The names of the jurors should have released by now, but the court has demurred due to mistrial concerns. The names will be released only after the verdict is delivered, and any other juror duties are over. The Chicago Tribune is suing over this.
15. BNN's 3 PM newscast disclosed that the jurors have ended deliberations for the week without a verdict being reached. They'll continue Monday at 9 AM CT.
16. CTV NewsNet had an interview with Paula Todd, aired at 3:32 PM. After building on her point that no-one knows how long the deliberations will be, Ms. Todd said that six to eight days' worth of deliberations is normal for cases of this kind. If there's a hung jury, the foreman would tell Judge St. Eve and she would probably send them back. If they stay hung, then a mistrial will be declared. Any mistrial would be applicable on a charge-by-charge basis; a unanimous decision for any other charge by the same jury will stand. The prosecution has the option of retrying any charges that resulted in a hung jury. Ms. Todd believes that the jurors are taking the case seriously; they're being thorough. They could very well deliberate for another week.
17. WQAD.com has webbed an Associated Press summary report on the day's deliberations.
18. CBC News has a report by Romina Maurino on the same subject. It contains a summary of the day's jury-watching speculations.
19. At the end of the BNN show "Squeeze Play," Mr. Waldie reported that Monday's deliberations will take place from 9 AM to 4:45 PM, noted that a verdict doesn't seem imminent, and speculated that it will come down at or near the end of next week.
20. A BBC News report recaps the case after starting off by mentioning that the jury will be back Monday for the eighth day of deliberations. It uses the term "so-called 'non-compensation' payments" to refer to non-compete payments.
----------
Mark Steyn, in his Maclean's Conrad Black trial blog, has made it to charges 2, 3 and 4 of the indictment, against Mark Kipnis, in his argument that all of the charges rate acquittals. A more recent entry finishes the series with an argument that Count 1, the "heart of the case," should be met with an acquittal because the non-compete payments are not inconsistent with industry custom and were disclosed.
Another perspective on Conrad Black has been penned by J. Richard Finlay in "Finlay ON Governance." The second part of Mr. Finlay's look at the approaching end of the Conrad Black trial holds that Conrad Black, despite his erudition which Mr. Finlay points to, has an element of "larger than life disappointment. Mr. Black was afforded every opportunity at an early age, including the alacritous assistance of the all-connected and the impressively powerful. Yet, in the end, so much seems to have been squandered." Conrad Black's tragic flaw, according to the piece, is an entitlement mentality plus too thin a skin. Mr. Black has been afflicted by hubris.
On the lighter side, the National Post blog "Posted" has a link to an entry by Mary Vallis on the "Black Board," which contains an anecdote about James Bone poking fun at the tea-leaf gazers as part of number 3 of three reasons for the trial ending soon, soon, soon: "The donuts [brought by Eric Sussman] are a significant sign,” said Times of London reporter James Bone, chief unpaid jury analyst who wanders the halls presenting his various theories... 'The donuts clearly signal it’s over. Why aren’t we getting doughnuts from Eddie Genson?'"
Rush Limbaugh, in a show transcript entitled "Just Read the First Two Paragraphs, Folks," has mentioned the coverage of the trial as an example of how to read the media: "the last three pages are going to have nothing but a summary of all the gobbledygook that's come before. The Conrad Black trial is the best example.... The story in the New York Post today had one paragraph of new information about the feds trying to already figure out what of his assets they can seize. The last paragraphs of the story are... just a rehash. So read the first two paragraphs, folks. You'll be saner, you'll know more and you'll be less angry."
Also, Douglas Bell, in the Toronto Life Conrad Black trial, has continued his coverage of James Bone in his "Today's Top Stories" entry. A second one, on the wait for the verdict, contains this observation: " As deliberations move well into their second week, one senses a building anxiety, or fear, or just plain existential impatience."
Thursday, July 5, 2007
The Verdict: Leaves of Tea
The closing editorial of The Verdict had Ms. Todd dabbling in a little Kremlin watching, of Conrad Black. She said that he scowls and looks tense, or unhappy. She also said, though, that the length of the deliberations is impossible to predict. The estimates that are continually broadcast are backed up by theories that are little more than reading the tea leaves. She ended with a quote from a Maclean's article from Mrs. Black which refers to the horror work of Edgar Allan Poe.
----------
Douglas Bell, in the Toronto Life Conrad Black trial blog, provides a look at the forfeiture hearing from an eyewitness perspective. He mentions this interesting piece of trivia: Marc Martin, one of Conrad Black's lawyers, is also a counsel for James “Little Jimmy” Marcello. This makes for a busy lawyer.
----------
Douglas Bell, in the Toronto Life Conrad Black trial blog, provides a look at the forfeiture hearing from an eyewitness perspective. He mentions this interesting piece of trivia: Marc Martin, one of Conrad Black's lawyers, is also a counsel for James “Little Jimmy” Marcello. This makes for a busy lawyer.
Media Roundup: Resumption
The media reports, webbed overnight and today, on the Conrad Black trial are returning to a closer focus on the trial itself:
1. Patricia Best has elaborated on an item, which has already received some media exposure, for her Globe and Mail column "Nobody's Business:" Conrad's no-show at a 75th annivesary party commemorating President Roosevelt's acceptance of the Democratic Party nomination. [It's also been webbed as an entry in the blog of the same name.]
2. Another report in the Globe, by Paul Waldie, details the first major executive action of the new management team running Hollinger Inc.: a lawsuit, against three Canadian big banks.
3. 570 News has webbed a brief item from the Canadian Press relating that the jurors will deliberate for a full day today, and that there will be a hearing on the forfeiture issue.
4. A report by Barbara Schachter and Theresa Tedesco, webbed by the National Post, features a public comment by Christopher Browne of Tweedy, Browne on the trial: he believes that it is likely that Conrad Black will walk, because the class bias issue has been neutralized due to there being rich people on both sides. "'If the jury was more sophisticated, they would throw him in the pokey,' concluded Mr. Browne, who has not closely monitored the 16-week trial because of health issues that required surgery and rehabilitation." (Regarding the last, he has my sympathy. Rehab demands a lot of fortitude.)
5. A post-July-4th column by Joe Warmington, as webbed by the Toronto Sun, is focused on the War on Terror, but mentions that Chicagoans still don't care all that much about Conrad Black's fate: the ones he talked to knew more about the 1919 World Series scandal than about Conrad.
6. A feature report by Mary Wisniweski of the Chicago Sun-Times assesses the chances that Conrad will come back as the CEO of Sun-Times Media Group if he's acquitted, and concludes that they're unlikely. He not only has to get the co-operation of an Ontario court to do so, as Ravelston is now in receivership, but also has to convince an understandably skeptical board to let him back in. (There's also the matter of the civil suits...)
7. Sun-Times columnist Michael Sneed's latest column contains details of another post-trial party, thrown by freelance journalist Susan Berger. [Her own report on her party is here.]
8. A BBC News report contrasts the Conrad Black trial with the now-dubbed "Family Secrets" trial of four alleged organized-crime figures.
9. A report webbed by Canada.com recounts the lawsuit launched by Hollinger Inc. against the three banks. Like the Globe report, it gives the claim in the suit: the three big banks knew that Conrad Black was up to no good, but turned a blind eye to it. (As Ms. Wisniewski discussed, it's going to be hard for Conrad to go back to his old life...)
10. CTV NewsNet has aired an interview with CTV reporter David Akin at 10:30 AM ET. Mr. Akin said that he and his colleagues are waiting for Conrad Black to arrive, for the forfeiture hearing, which should start at 10 AM CT. Conrad’s lawyers are expected to show up too. The latest gossip regarding a verdict is: if the jury sits Friday, then there will be a verdict that day.
11. An update from Mr. Akin, broadcast on CTV Newsnet at 1:06 PM ET, had him reporting that Conrad Black hasn’t shown up for the forfeiture hearing, nor have any of the other defendants; only the lawyers were there. The government seeks to hold on to the $30 million worth of assets they've already seized if Conrad is convicted of wire fraud, and wants to seize $70 million total if he's convicted of racketeering. The jurors don’t know about their role in deciding this yet; settling it will requires another mini-trial. As of the time of broadcast, the defendants’ final decision hasn’t been made. Judge St. Eve wants that decision by the end of the court day tomorrow.
12. Mr. Waldie's second report of the day, webbed by the Globe, discloses the content of the supposedly peripheral note that was sent out Tuesday: it said that the video equipment in the jury room wasn't working. The report ends by noting that the jurors haven't announced, as of the time of the report, whether or not they'll be deliberating Friday.
13. BNN aired an update from Amanda Lang at 1:53 PM ET. She noted that there were actually two jury notes on Tuesday. One was about today's deliberation schedule. The other was the one written about by Mr. Waldie, but Ms. Lang said it had called attention to something wrong with the audio machine. It indicates that the jurors were, or are, listening to the tapes from Hollinger Int'ls 2001 and '02 annual meetings that were entered into evidence. Some excerpts were introduced by the defense, but the bulk of the recordings were entered by the prosecution. Either the jurors are looking at prosecution-centred evidence, or they're still on Conrad Black. During the forfeiture hearing, Mark Kipnis' lawyer asked that the defendants be considered separately.
14. The Toronto Star's Rick Westhead, in a report on the same story as the two above, has allowed for either option: "The note indicates that the jury is either reviewing videotaped depositions by Torys lawyers Beth DeMerchant and Darren Sukokick or audio clips of Hollinger shareholder meetings [held] in 2002 and 2003 when Black came under attack from shareholders...."
15. Another report on the above, webbed by Canada.com, backs up Ms. Lang on the specific piece of equipment that had malfunctioned.
16. Another update, also broadcast on CTV NewsNet at 3:05 PM ET, had Mr. Akin saying that it isn't known as of yet whether the jurors will deliberate tomorrow. A full day may imply a verdict tomorrow. A day off pretty much implies that a verdict is far off. Mr. Akin ended with a quote from Eddie Greenspan, to the effect that the wait is somewhat surreal given the consequences for his client.
17. 680 News has webbed a report, written by Romina Maurino, that covers the entire forfeiture hearing today.
18. Bloomberg has webbed a report on the details behind the intended Hollinger Inc. lawsuit that was announced today. It seems that there was quite a tangle of conflicted interests in the actions that are mentioned in the claim. The $65.2 million being sued for was made up of two payments to Ravelston, according to the report: $48.8 million to repay a loan from Ravelston, and a new loan from Hollinger Inc. to Ravelston in the amount of $16.4 million. The banks are being sued because they collected the payments, according to the complaint allegation, "while aware its former Chairman Conrad Black was improperly siphoning money to companies that he controlled." (In a case such as this, the banks, if they lose the lawsuit, would be expected to sue Ravelston to recoup the payments because they acted only as fiduciary agent for the company that controlled Hollinger Inc.)
19. Another BNN update was aired at 5:55 PM. In it, Ms. Lang reported that the jurors left early, looking a little "grim." They will deliberate tomorrow, although Ms. Lang did not specify the hours. There are quite a few journalists waiting for the verdict as of now, although the number may diminish if the verdict is long in coming.
20. Forbes.com has webbed an Associated Press summary that starts off by noting that the sixth day of deliberations has ended with no verdict yet.
21. An updated report by Ms. Maurino, webbed by 570 News, says that the jury plans to sit on Friday from 9 AM to 2 PM CT, and that they left at 4 PM CT today without any explanation as to why. The rest of the report covers the same material as her earlier one.
----------
Mark Steyn, in his Maclean's Conrad Black trial blog, has continued with his dissection of the charges. His latest entry discusses counts 8 and 9, the charges that allege mail fraud with respect to the CanWest non-compete payments. A more recent entry notes that the BBC has sent in a news team, in anticipation of the verdict.
Douglas Bell, in the Toronto Life Conrad Black trial blog, has written an entry from yesterday that features a profile of the London Times' reporter covering the trial, James Bone. He's quite the noticable character.
The "Black Board" has an entry by Mary Vallis that carries substantially the same information as item #15 above the line, but adds at its end that "Judge St. Eve indicated she will not be calling the lawyers and the four co-defendant to discuss the contents of minor notes, and will deal with them [through] telephone conference instead."
1. Patricia Best has elaborated on an item, which has already received some media exposure, for her Globe and Mail column "Nobody's Business:" Conrad's no-show at a 75th annivesary party commemorating President Roosevelt's acceptance of the Democratic Party nomination. [It's also been webbed as an entry in the blog of the same name.]
2. Another report in the Globe, by Paul Waldie, details the first major executive action of the new management team running Hollinger Inc.: a lawsuit, against three Canadian big banks.
3. 570 News has webbed a brief item from the Canadian Press relating that the jurors will deliberate for a full day today, and that there will be a hearing on the forfeiture issue.
4. A report by Barbara Schachter and Theresa Tedesco, webbed by the National Post, features a public comment by Christopher Browne of Tweedy, Browne on the trial: he believes that it is likely that Conrad Black will walk, because the class bias issue has been neutralized due to there being rich people on both sides. "'If the jury was more sophisticated, they would throw him in the pokey,' concluded Mr. Browne, who has not closely monitored the 16-week trial because of health issues that required surgery and rehabilitation." (Regarding the last, he has my sympathy. Rehab demands a lot of fortitude.)
5. A post-July-4th column by Joe Warmington, as webbed by the Toronto Sun, is focused on the War on Terror, but mentions that Chicagoans still don't care all that much about Conrad Black's fate: the ones he talked to knew more about the 1919 World Series scandal than about Conrad.
6. A feature report by Mary Wisniweski of the Chicago Sun-Times assesses the chances that Conrad will come back as the CEO of Sun-Times Media Group if he's acquitted, and concludes that they're unlikely. He not only has to get the co-operation of an Ontario court to do so, as Ravelston is now in receivership, but also has to convince an understandably skeptical board to let him back in. (There's also the matter of the civil suits...)
7. Sun-Times columnist Michael Sneed's latest column contains details of another post-trial party, thrown by freelance journalist Susan Berger. [Her own report on her party is here.]
8. A BBC News report contrasts the Conrad Black trial with the now-dubbed "Family Secrets" trial of four alleged organized-crime figures.
9. A report webbed by Canada.com recounts the lawsuit launched by Hollinger Inc. against the three banks. Like the Globe report, it gives the claim in the suit: the three big banks knew that Conrad Black was up to no good, but turned a blind eye to it. (As Ms. Wisniewski discussed, it's going to be hard for Conrad to go back to his old life...)
10. CTV NewsNet has aired an interview with CTV reporter David Akin at 10:30 AM ET. Mr. Akin said that he and his colleagues are waiting for Conrad Black to arrive, for the forfeiture hearing, which should start at 10 AM CT. Conrad’s lawyers are expected to show up too. The latest gossip regarding a verdict is: if the jury sits Friday, then there will be a verdict that day.
11. An update from Mr. Akin, broadcast on CTV Newsnet at 1:06 PM ET, had him reporting that Conrad Black hasn’t shown up for the forfeiture hearing, nor have any of the other defendants; only the lawyers were there. The government seeks to hold on to the $30 million worth of assets they've already seized if Conrad is convicted of wire fraud, and wants to seize $70 million total if he's convicted of racketeering. The jurors don’t know about their role in deciding this yet; settling it will requires another mini-trial. As of the time of broadcast, the defendants’ final decision hasn’t been made. Judge St. Eve wants that decision by the end of the court day tomorrow.
12. Mr. Waldie's second report of the day, webbed by the Globe, discloses the content of the supposedly peripheral note that was sent out Tuesday: it said that the video equipment in the jury room wasn't working. The report ends by noting that the jurors haven't announced, as of the time of the report, whether or not they'll be deliberating Friday.
13. BNN aired an update from Amanda Lang at 1:53 PM ET. She noted that there were actually two jury notes on Tuesday. One was about today's deliberation schedule. The other was the one written about by Mr. Waldie, but Ms. Lang said it had called attention to something wrong with the audio machine. It indicates that the jurors were, or are, listening to the tapes from Hollinger Int'ls 2001 and '02 annual meetings that were entered into evidence. Some excerpts were introduced by the defense, but the bulk of the recordings were entered by the prosecution. Either the jurors are looking at prosecution-centred evidence, or they're still on Conrad Black. During the forfeiture hearing, Mark Kipnis' lawyer asked that the defendants be considered separately.
14. The Toronto Star's Rick Westhead, in a report on the same story as the two above, has allowed for either option: "The note indicates that the jury is either reviewing videotaped depositions by Torys lawyers Beth DeMerchant and Darren Sukokick or audio clips of Hollinger shareholder meetings [held] in 2002 and 2003 when Black came under attack from shareholders...."
15. Another report on the above, webbed by Canada.com, backs up Ms. Lang on the specific piece of equipment that had malfunctioned.
16. Another update, also broadcast on CTV NewsNet at 3:05 PM ET, had Mr. Akin saying that it isn't known as of yet whether the jurors will deliberate tomorrow. A full day may imply a verdict tomorrow. A day off pretty much implies that a verdict is far off. Mr. Akin ended with a quote from Eddie Greenspan, to the effect that the wait is somewhat surreal given the consequences for his client.
17. 680 News has webbed a report, written by Romina Maurino, that covers the entire forfeiture hearing today.
18. Bloomberg has webbed a report on the details behind the intended Hollinger Inc. lawsuit that was announced today. It seems that there was quite a tangle of conflicted interests in the actions that are mentioned in the claim. The $65.2 million being sued for was made up of two payments to Ravelston, according to the report: $48.8 million to repay a loan from Ravelston, and a new loan from Hollinger Inc. to Ravelston in the amount of $16.4 million. The banks are being sued because they collected the payments, according to the complaint allegation, "while aware its former Chairman Conrad Black was improperly siphoning money to companies that he controlled." (In a case such as this, the banks, if they lose the lawsuit, would be expected to sue Ravelston to recoup the payments because they acted only as fiduciary agent for the company that controlled Hollinger Inc.)
19. Another BNN update was aired at 5:55 PM. In it, Ms. Lang reported that the jurors left early, looking a little "grim." They will deliberate tomorrow, although Ms. Lang did not specify the hours. There are quite a few journalists waiting for the verdict as of now, although the number may diminish if the verdict is long in coming.
20. Forbes.com has webbed an Associated Press summary that starts off by noting that the sixth day of deliberations has ended with no verdict yet.
21. An updated report by Ms. Maurino, webbed by 570 News, says that the jury plans to sit on Friday from 9 AM to 2 PM CT, and that they left at 4 PM CT today without any explanation as to why. The rest of the report covers the same material as her earlier one.
----------
Mark Steyn, in his Maclean's Conrad Black trial blog, has continued with his dissection of the charges. His latest entry discusses counts 8 and 9, the charges that allege mail fraud with respect to the CanWest non-compete payments. A more recent entry notes that the BBC has sent in a news team, in anticipation of the verdict.
Douglas Bell, in the Toronto Life Conrad Black trial blog, has written an entry from yesterday that features a profile of the London Times' reporter covering the trial, James Bone. He's quite the noticable character.
The "Black Board" has an entry by Mary Vallis that carries substantially the same information as item #15 above the line, but adds at its end that "Judge St. Eve indicated she will not be calling the lawyers and the four co-defendant to discuss the contents of minor notes, and will deal with them [through] telephone conference instead."
Wednesday, July 4, 2007
Media Roundup: More Decisions
The media reports, webbed overnight and today, on the Conrad Black trial veer in on three areas: a possible forfeiture of defendants' assets, primarily Conrad Black's; more jury-watching; and, the July 4th Independence Day holiday.
1. The Hamilton Spectator has webbed an abridged report by Romina Maurino that starts off discussing the forfeiture decision the jury may have to make. [A slightly expanded version, webbed by the Chronicle Herald, notes that the decision has not been formally made yet.]
2. A column by Joe Warmington, as webbed by the Toronto Sun, uses Independence Day as a takeoff point for discussing the possible end of Conrad Black's. He mentions that the waiting isn't all that bad for the journalists that have to do so, and also notes that Canadian journalists believe, far more than those from other countries, that Conrad Black will be acquitted.
3. 570 News has webbed a brief Canadian Press reminder that the jury will not sit today because of the Independence Day holiday.
4. Fortune-bound Conrad Black biographer Richard Siklos gets a mention in the Globe and Mail's "Nobody's Business" column, written by Patricia Best.
5. The latest report by Paul Waldie, also webbed by the Globe, relates that the forefeiture issue will be decided in a courthouse meeting tomorrow. It also indicates that the only defendant to have made the choice between the judge and jury deciding on any forfeiture is Conrad Black, who chose to go with the jury.
6. Rosie DiManno's latest column on the trial, webbed by the Toronto Star, discusses the possibility of a hung jury.
----------
Mark Steyn, in his Maclean's Conrad Black trial blog, has started a run-down of the charges, in reverse order, with reasons why the defendants should be acquitted of all of them. The first entry to this effect deals with charges 16 and 17, alleging tax fraud.
The Globe and Mail's Sarah Hampson uses the trial as a takeoff for a Canada-centric article about class bias. Unsurprisingly for the Globe, it ends with an anecdote illustrating one old Toronto establishment being eased out by the new.
Also, from the Telegraph, book reviewer Dominic Sandbrook has written an unqualified approval of Conrad Black's latest book, Invincible Quest: the Life of Richard Milhous Nixon. In the review, Mr. Sandhurst makes the point that Mr. Nixon, although of checkered character, is easy to identify with nowadays because he really was a little man at heart, and was someone whose success was hard-won - even if his tenaciousness proved to be his tragic flaw.
1. The Hamilton Spectator has webbed an abridged report by Romina Maurino that starts off discussing the forfeiture decision the jury may have to make. [A slightly expanded version, webbed by the Chronicle Herald, notes that the decision has not been formally made yet.]
2. A column by Joe Warmington, as webbed by the Toronto Sun, uses Independence Day as a takeoff point for discussing the possible end of Conrad Black's. He mentions that the waiting isn't all that bad for the journalists that have to do so, and also notes that Canadian journalists believe, far more than those from other countries, that Conrad Black will be acquitted.
3. 570 News has webbed a brief Canadian Press reminder that the jury will not sit today because of the Independence Day holiday.
4. Fortune-bound Conrad Black biographer Richard Siklos gets a mention in the Globe and Mail's "Nobody's Business" column, written by Patricia Best.
5. The latest report by Paul Waldie, also webbed by the Globe, relates that the forefeiture issue will be decided in a courthouse meeting tomorrow. It also indicates that the only defendant to have made the choice between the judge and jury deciding on any forfeiture is Conrad Black, who chose to go with the jury.
6. Rosie DiManno's latest column on the trial, webbed by the Toronto Star, discusses the possibility of a hung jury.
----------
Mark Steyn, in his Maclean's Conrad Black trial blog, has started a run-down of the charges, in reverse order, with reasons why the defendants should be acquitted of all of them. The first entry to this effect deals with charges 16 and 17, alleging tax fraud.
The Globe and Mail's Sarah Hampson uses the trial as a takeoff for a Canada-centric article about class bias. Unsurprisingly for the Globe, it ends with an anecdote illustrating one old Toronto establishment being eased out by the new.
Also, from the Telegraph, book reviewer Dominic Sandbrook has written an unqualified approval of Conrad Black's latest book, Invincible Quest: the Life of Richard Milhous Nixon. In the review, Mr. Sandhurst makes the point that Mr. Nixon, although of checkered character, is easy to identify with nowadays because he really was a little man at heart, and was someone whose success was hard-won - even if his tenaciousness proved to be his tragic flaw.
Tuesday, July 3, 2007
The Verdict: Quite The Impoundment
Tonight's episode of The Verdict had a short report on the the forfeiture issue. Most of Conrad Black's assets have already been seized by the government. The guest was CTV reporter David Akin.
Mr. Akin said that the forfeiture issue arose last week and has been settled today except for the instruction to the jury. He also pointed out that jury consultants had said that minority women are more likely to convict than other women.
Conrad could lose all of his assets if convicted of racketeering, except possibly for his Toronto house. The prosecution has claimed $70 million in proceeds, and wants to seize all the shares of Hollinger, Ravelston & Conrad Black Capital Corp. that he owns. The fraud counts carry lesser proceeds estimates. If Conrad Black is convicted on one or more of the major charges, $30-70 million in seizures are possible.
Mr. Akin said that the forfeiture issue arose last week and has been settled today except for the instruction to the jury. He also pointed out that jury consultants had said that minority women are more likely to convict than other women.
Conrad could lose all of his assets if convicted of racketeering, except possibly for his Toronto house. The prosecution has claimed $70 million in proceeds, and wants to seize all the shares of Hollinger, Ravelston & Conrad Black Capital Corp. that he owns. The fraud counts carry lesser proceeds estimates. If Conrad Black is convicted on one or more of the major charges, $30-70 million in seizures are possible.
Media Roundup: Lull
The media reports, webbed overnight and today, on the Conrad Black trial have shrunk in number, reflecting the paucity of news yesterday:
1. A Bloomberg report, written by Joe Schneider and Andrew Harris, notes that the jury has not yet returned a verdict and mentions the only news of the day: Conrad's lawyers filing "with St. Eve a set of jury instructions indicting their preference for the panel, and not her, to determine any forfeiture amount" late yesterday afternoon.
2. A feature report by Marc Edge in TheTyee.ca outlines a supposed design by the Asper family to acquire predominance in the Canadian print media, as interpreted from court exhibits filed by the prosecution. It also mentions a fight that brewed between Izzy Asper and Conrad Black over the National Post's treatment of Mr. Asper's son, Leonard.
3. A Canadian Press item, webbed by Canada East, mentions that the jury will sit between 9 AM and 2 PM CT today before heading home for the July 4th holiday.
4. A midday report by Romina Maurino, as webbed by 680 News, features the same item mentioned in the Bloomberg report above: Conrad Black's choice to have the jury adjudicate the forfeiture dispute. Included in the report is suggested juror instructions from the defense and prosecution. The former spells out the duty of the jurors, while the latter asks for the property, with a RICO/wire fraud justification for doing so. [An updated version of the same report has some commentary from Hugh Totten, to the effect that the same jury who finds Conrad guilty is likely to agree to forfeiture. It also notes that the instructions should be decided upon later this week.]
5. BNN aired an update interview with trial-watcher Amanda Lang at 1:35 PM ET. She said that there had been no news from the jury; no notes were sent out. Some of the reporters are beginning to jury-watch; there's even some Kremlin-watching, or attempts to guess at the verdict and deliberation time based upon jurors' interactions. As of now, though, no inferences can be drawn from, or for, the length of deliberations. The jury might deliberate on Friday; if not, it would indicate a slow verdict. Deliberations could last for two weeks more. Ms. Lang reminded the viewers that there would be a lengthy stay in prison for Conrad even if he's only convicted on one major charge, thanks to the applicable sentencing guidelines. The defendants have an automatic right of appeal.
She also mentioned the decision on forfeiture, if Conrad Black is convicted, has been assigned to the jury. There are rumors that there was a split in his defense team, and that Michael Schachter (Peter Atkinson's counsel) was the one who got the team to put the responsibility in the hands of the jury.
6. Rick Westhead of the Toronto Star has written a brief report whose subject is the first note from the jurors today. "The note's contents are not significant but do indicate the jury is not close to reaching a verdict, said a lawyer involved with the case." The report also notes that deliberations will resume Thurdsay.
7. A feature by Anne Howland, as webbed by Global National, is about an issue related to the Conrad Black trial: corporate governance. The first part of the article assesses the effect of the Sarbanes-Oxley Act in the U.S., and the second explores the push for a national securities regulator in Canada.
8. The Southern of Illinois has webbed an Associated Press summary report on the deliberations, and the trial itself.
9. A day's-wrap-up article webbed by CTV News discusses the forfeiture part of the case. It says that all four defendants have agreed to the jury deciding the question. Conrad Black's assets are unlikely to be forefeited if the jury finds him not guilty of racketeering.
10. An end-of-day update of her earlier report by Ms. Maurino, as webbed by CBC News, adds the information that the jury will deliberate for a full day Thursday.
11. A more in-depth version of the above report has been webbed by Canada East. It describes what assets have already been impounded from Conrad Black, specifies that the forfeiture decision will come into play if Conrad is found guilty of racketeering and/or mail fraud, and also notes that the government is seeking an asset of Peter Atkinson's, too - hence Csr. Schachter stepping in.
----------
Mark Steyn's latest entry in his Maclean's Conrad Black trial blog mentions that the British reporters covering the trial have opened up a betting pool on the outcome. It also mentions that Conrad's daughter Alana just celebrated her twenty-fifth birthday today.
Douglas Bell is back on the trial beat in the Toronto Life Conrad Black trial blog. His latest post describes a full day of waiting during the deliberations, bringing forth the combination of boredom and anxiety among those waiting to be first with the news. (Evidently, this post was about yesterday's deliberations.)
1. A Bloomberg report, written by Joe Schneider and Andrew Harris, notes that the jury has not yet returned a verdict and mentions the only news of the day: Conrad's lawyers filing "with St. Eve a set of jury instructions indicting their preference for the panel, and not her, to determine any forfeiture amount" late yesterday afternoon.
2. A feature report by Marc Edge in TheTyee.ca outlines a supposed design by the Asper family to acquire predominance in the Canadian print media, as interpreted from court exhibits filed by the prosecution. It also mentions a fight that brewed between Izzy Asper and Conrad Black over the National Post's treatment of Mr. Asper's son, Leonard.
3. A Canadian Press item, webbed by Canada East, mentions that the jury will sit between 9 AM and 2 PM CT today before heading home for the July 4th holiday.
4. A midday report by Romina Maurino, as webbed by 680 News, features the same item mentioned in the Bloomberg report above: Conrad Black's choice to have the jury adjudicate the forfeiture dispute. Included in the report is suggested juror instructions from the defense and prosecution. The former spells out the duty of the jurors, while the latter asks for the property, with a RICO/wire fraud justification for doing so. [An updated version of the same report has some commentary from Hugh Totten, to the effect that the same jury who finds Conrad guilty is likely to agree to forfeiture. It also notes that the instructions should be decided upon later this week.]
5. BNN aired an update interview with trial-watcher Amanda Lang at 1:35 PM ET. She said that there had been no news from the jury; no notes were sent out. Some of the reporters are beginning to jury-watch; there's even some Kremlin-watching, or attempts to guess at the verdict and deliberation time based upon jurors' interactions. As of now, though, no inferences can be drawn from, or for, the length of deliberations. The jury might deliberate on Friday; if not, it would indicate a slow verdict. Deliberations could last for two weeks more. Ms. Lang reminded the viewers that there would be a lengthy stay in prison for Conrad even if he's only convicted on one major charge, thanks to the applicable sentencing guidelines. The defendants have an automatic right of appeal.
She also mentioned the decision on forfeiture, if Conrad Black is convicted, has been assigned to the jury. There are rumors that there was a split in his defense team, and that Michael Schachter (Peter Atkinson's counsel) was the one who got the team to put the responsibility in the hands of the jury.
6. Rick Westhead of the Toronto Star has written a brief report whose subject is the first note from the jurors today. "The note's contents are not significant but do indicate the jury is not close to reaching a verdict, said a lawyer involved with the case." The report also notes that deliberations will resume Thurdsay.
7. A feature by Anne Howland, as webbed by Global National, is about an issue related to the Conrad Black trial: corporate governance. The first part of the article assesses the effect of the Sarbanes-Oxley Act in the U.S., and the second explores the push for a national securities regulator in Canada.
8. The Southern of Illinois has webbed an Associated Press summary report on the deliberations, and the trial itself.
9. A day's-wrap-up article webbed by CTV News discusses the forfeiture part of the case. It says that all four defendants have agreed to the jury deciding the question. Conrad Black's assets are unlikely to be forefeited if the jury finds him not guilty of racketeering.
10. An end-of-day update of her earlier report by Ms. Maurino, as webbed by CBC News, adds the information that the jury will deliberate for a full day Thursday.
11. A more in-depth version of the above report has been webbed by Canada East. It describes what assets have already been impounded from Conrad Black, specifies that the forfeiture decision will come into play if Conrad is found guilty of racketeering and/or mail fraud, and also notes that the government is seeking an asset of Peter Atkinson's, too - hence Csr. Schachter stepping in.
----------
Mark Steyn's latest entry in his Maclean's Conrad Black trial blog mentions that the British reporters covering the trial have opened up a betting pool on the outcome. It also mentions that Conrad's daughter Alana just celebrated her twenty-fifth birthday today.
Douglas Bell is back on the trial beat in the Toronto Life Conrad Black trial blog. His latest post describes a full day of waiting during the deliberations, bringing forth the combination of boredom and anxiety among those waiting to be first with the news. (Evidently, this post was about yesterday's deliberations.)
Monday, July 2, 2007
The Verdict: What Jail, If Any?
The opening segment of tonight's episode of The Verdict was about what kind of jail Conrad Black would end up in if convicted. The guests were Douglas McNabb and Richard Kurland.
Csr. McNabb started off by saying that it was most likely that Conrad Black, if convicted, would be sent to a "low security" prison under the purview of the Bureau of Prisons, but not minimum security due to him not being a citizen of the United States. Had Conrad been, a sentence of less than ten years' length could have put him into minimum.
Csr. Kurland added that Conrad has no citizenship rights in Canada because he renounced his citizenship. The Minister of Immigration would have to intervene on compassionate grounds – fill out a “compassion card” - for Conrad to be let in. The pending citizenship application for Conrad Black has probably been frozen until the verdict is delivered, as this is the normal procedure followed by the Immigration ministry.
Csr. McNabb then described what a low security prison is like: there are bars on doors, and there's barbed wire around the prison. Conrad may be by himself or have one to two roommates. He might be able to get paid work, at a rate of one to two dollars a day. Csr. McNabb added that, to avoid jail pending an appeal, Conrad must convince a district court judge that his appeal will probably be successful. If he can’t, then he will go to jail until the appeal is heard (and, of course, stay there if it's denied.)
Csr. Kurland ended the discussion by pointing out that the U.K. may have a jurisdiction in this matter, which Ms. Todd said will be discussed in a future episode.
----------
At the end of the episode, when discussing the clemency granted to "Scooter" Libby by President Bush today, Ms. Todd noted that the criticisms of Patrick J. Fitzgerald by the defenders of Mr. Libby are substantially the same as those made by Conrad Black supporters. She ended her "Closing Argument" editorial by noting, in the form of a rhetorical question, that Conrad Black's fate may depend upon how well he knows President Bush.
Csr. McNabb started off by saying that it was most likely that Conrad Black, if convicted, would be sent to a "low security" prison under the purview of the Bureau of Prisons, but not minimum security due to him not being a citizen of the United States. Had Conrad been, a sentence of less than ten years' length could have put him into minimum.
Csr. Kurland added that Conrad has no citizenship rights in Canada because he renounced his citizenship. The Minister of Immigration would have to intervene on compassionate grounds – fill out a “compassion card” - for Conrad to be let in. The pending citizenship application for Conrad Black has probably been frozen until the verdict is delivered, as this is the normal procedure followed by the Immigration ministry.
Csr. McNabb then described what a low security prison is like: there are bars on doors, and there's barbed wire around the prison. Conrad may be by himself or have one to two roommates. He might be able to get paid work, at a rate of one to two dollars a day. Csr. McNabb added that, to avoid jail pending an appeal, Conrad must convince a district court judge that his appeal will probably be successful. If he can’t, then he will go to jail until the appeal is heard (and, of course, stay there if it's denied.)
Csr. Kurland ended the discussion by pointing out that the U.K. may have a jurisdiction in this matter, which Ms. Todd said will be discussed in a future episode.
----------
At the end of the episode, when discussing the clemency granted to "Scooter" Libby by President Bush today, Ms. Todd noted that the criticisms of Patrick J. Fitzgerald by the defenders of Mr. Libby are substantially the same as those made by Conrad Black supporters. She ended her "Closing Argument" editorial by noting, in the form of a rhetorical question, that Conrad Black's fate may depend upon how well he knows President Bush.
Media Roundup: Excerpts
The media reports, webbed overnight and today, on the Conrad Black trial are largely summaries or excerpts:
1. A mention of the continuing deliberations is the third and final item in the New York Times' "The Week Ahead."
2. TheTyee.ca's "Mediacheck" highlights what they consider to be the most important story on the trial over the past month: Judge St. Eve's rebuke of Conrad Black: " Conrad Black declined to speak in his own defence at his racketeering trial after the judge explained, "I don't care what Maclean's magazine told you, you're not allowed to just answer questions about Nixon." (This link, copied verbatim from the article, is to an excerpt from The Invincible Quest: the Life of Richard Milhous Nixon, which focuses mostly on the immediate post-Watergate period. One of the interesting trivia items therein is the only sympathy call that Nixon got while sick in late 1974: it was from Mao Tse-Tung. The last except discusses his death in 1994 and legacy.)
3. The London Free Press has webbed Peter Worthington's latest trial-related column, which focuses upon the recent notification controversy. After a journalist had complained to her, Judge St. Eve had decided to stop sending out E-mail notifications of jury notes, but relented later. This is one of the few columns in the trial that has something bad to say about the judge.
4. An earlier article, about the differences between U.S. capitalism and the British variety, gets an excerpt discussion in a Russia Journal blog.
5. From ITV News, an item that starts off by mentioning that the deliberations' continuation before briefly recapping the case.
6. The trial is mentioned in the Associated Press' "Executive Morning Business Summary," as webbed by Forbes.com. The item itself is entitled "Black Case Comes Down to Troves of Docs."
7. A brief item from the Canadian Press, webbed by 680 News, is entitled "Waiting game continues for Conrad Black as jurors resume deliberations." [An updated version webbed by CTV News specifies that the jury will sit until 4:45 PM CT today, from 9 AM to 2 PM CT tomorrow, and not at all on Wednesday for the Independence Day holiday.]
8. CTV NewsNet aired a report from David Akin at 1:04 PM. According to Mr. Akin, there has been no news from the jury today; no notes have been sent out since last Friday. He has no explanation as to why. The buckle-down could be a result of juror thoroughness during the trial. The jurors haven’t announced as of yet when they’ll sit this Friday, if at all.
Mr. Akin also reported that a majority of lawyer-observers think that Conrad Black will be convicted on at least one charge.
9. Jossip has an entry on the wait for the verdict, with its usual brand of snideness added.
10. Rosemary Barton, in a report aired on CBC Newsworld at 2:08 PM ET, advanced a new theory about the reason for Judge St. Eve wanting the jurors to rely upon their notes and memories: the opposite policy would unduly slow down the deliberations, because there were so many witnesses.
11. Another update with Mr. Akin, broadcast at 3:10 PM on CTV Newsnet, had him saying that there are no notes, or anything else, from the jury today. He speculated that the verdict will possibly be delivered next week, but it's almost certain that there will be no verdict this week.
He also related that there are nine women and four minority women on the jury, and people in the category tend to convict more frequently than others in cases of this kind. People in the latter category tend to take disapproval of an opulent lifestyle into account when deciding.
12. From the BBC News, a report that sums up both the prosecution's case and the defense's. Near it end, it notes: "A verdict will mark the end of a long fall from grace for one of Britain's best-known businessmen,..."
13. A feature by Romina Maurino, webbed by the Prince George Citizen, discusses the implications of Conrad Black being found guilty for Canadian securites law: it may make easier the putting together of a national securities regulator. It also discusses other investigations in America, particularly of backdating executive options.
14. WQAD.com has webbed an AP "Summary Box" which passes on the lack of news from the jury today, and gives the schedule for tomorrow.
1. A mention of the continuing deliberations is the third and final item in the New York Times' "The Week Ahead."
2. TheTyee.ca's "Mediacheck" highlights what they consider to be the most important story on the trial over the past month: Judge St. Eve's rebuke of Conrad Black: " Conrad Black declined to speak in his own defence at his racketeering trial after the judge explained, "I don't care what Maclean's magazine told you, you're not allowed to just answer questions about Nixon." (This link, copied verbatim from the article, is to an excerpt from The Invincible Quest: the Life of Richard Milhous Nixon, which focuses mostly on the immediate post-Watergate period. One of the interesting trivia items therein is the only sympathy call that Nixon got while sick in late 1974: it was from Mao Tse-Tung. The last except discusses his death in 1994 and legacy.)
3. The London Free Press has webbed Peter Worthington's latest trial-related column, which focuses upon the recent notification controversy. After a journalist had complained to her, Judge St. Eve had decided to stop sending out E-mail notifications of jury notes, but relented later. This is one of the few columns in the trial that has something bad to say about the judge.
4. An earlier article, about the differences between U.S. capitalism and the British variety, gets an excerpt discussion in a Russia Journal blog.
5. From ITV News, an item that starts off by mentioning that the deliberations' continuation before briefly recapping the case.
6. The trial is mentioned in the Associated Press' "Executive Morning Business Summary," as webbed by Forbes.com. The item itself is entitled "Black Case Comes Down to Troves of Docs."
7. A brief item from the Canadian Press, webbed by 680 News, is entitled "Waiting game continues for Conrad Black as jurors resume deliberations." [An updated version webbed by CTV News specifies that the jury will sit until 4:45 PM CT today, from 9 AM to 2 PM CT tomorrow, and not at all on Wednesday for the Independence Day holiday.]
8. CTV NewsNet aired a report from David Akin at 1:04 PM. According to Mr. Akin, there has been no news from the jury today; no notes have been sent out since last Friday. He has no explanation as to why. The buckle-down could be a result of juror thoroughness during the trial. The jurors haven’t announced as of yet when they’ll sit this Friday, if at all.
Mr. Akin also reported that a majority of lawyer-observers think that Conrad Black will be convicted on at least one charge.
9. Jossip has an entry on the wait for the verdict, with its usual brand of snideness added.
10. Rosemary Barton, in a report aired on CBC Newsworld at 2:08 PM ET, advanced a new theory about the reason for Judge St. Eve wanting the jurors to rely upon their notes and memories: the opposite policy would unduly slow down the deliberations, because there were so many witnesses.
11. Another update with Mr. Akin, broadcast at 3:10 PM on CTV Newsnet, had him saying that there are no notes, or anything else, from the jury today. He speculated that the verdict will possibly be delivered next week, but it's almost certain that there will be no verdict this week.
He also related that there are nine women and four minority women on the jury, and people in the category tend to convict more frequently than others in cases of this kind. People in the latter category tend to take disapproval of an opulent lifestyle into account when deciding.
12. From the BBC News, a report that sums up both the prosecution's case and the defense's. Near it end, it notes: "A verdict will mark the end of a long fall from grace for one of Britain's best-known businessmen,..."
13. A feature by Romina Maurino, webbed by the Prince George Citizen, discusses the implications of Conrad Black being found guilty for Canadian securites law: it may make easier the putting together of a national securities regulator. It also discusses other investigations in America, particularly of backdating executive options.
14. WQAD.com has webbed an AP "Summary Box" which passes on the lack of news from the jury today, and gives the schedule for tomorrow.
Critical Biography of Franklin D. Roosevelt
Despite its title, "Fascism Comes To America," this multi-page web work is a critical biography of President Roosevelt. It's far from being the comprehensive and largely balanced work by Conrad Black, but it is revealing. Its author, Professor Ralph Raico, starts off by highlighting Mr. Roosevelt's patrician upbringing, his undistinguished academic record, and his early unambitiousness outside of politics. Since this is a critical biography, the author does not lace hints of Mr. Roosevelt's future greatness as a politican into this part of the biography. Instead, Prof. Raico hints at a prominent feature of the future President Roosevelt's personal style: an unusual combination of ethical slipperiness and moralizing streak. It's hard to avoid the impression that the alpha and the omega of Roosevelt's ideology was the substitution of Demon Greed for Demon Rum.
According to Prof. Raico, the forging of Roosevelt's later performance style took place during his appointment as Undersecretary of the Navy during Woodrow Wilson's administraton. At that time, Franklin Roosevelt was not only Anglophilic, but also intensely pro-war. While he was undersecretary, he developed the habit of "delivering the goods," sometimes behind the back of his boss, while breaking the rules and even laws. The latter, he bragged about right after the war's end. Anyone who has studied the characteristic kind of pragmatism Americans showed during World War 2 may recognize an echo of Roosevelt's own style.
One incident during his tenure is worth highlighting because it may very well be the anchor for the War on Drugs:
The controversial question of whether or not President Roosevelt was a "secret Communist" is handled deftly by Prof. Raico. The professor points out that, as of the first Roosevelt Administration, the Communist Party of the United States was regularly hostile to President Roosevelt; the latter treated Communism with disdain. (This disdain may explain why there were so many closet Communists in the entire Roosevelt administration. A man who thinks that Communists are nice nut-cases is not going to see them as any kind of a threat.) As Prof. Raico makes clear, any seeming sympathy for Communism was actually chumminess with Stalin. He also notes that the policy of the U.S. government not recognizing tyrannical nations was an innovation of President Wilson in 1913, and was contrary to earlier U.S. tradition.
With regard to any Rooseveltian sympathy for fascism, Prof Raico presses the case through illustrating President Roosevelt's actions, but Franklin D. Roosevelt's character leaves certain doubts. Was the Roosevelt administration, during peacetime, somewhat fascistic merely because fascism was trendy in the early 1930s? Given the man's slipperiness, this explanation for the 1930s dabble with fascism is both consistent with that part of Franklin Roosevelt's character and is simpler. The man was usually a trend-chaser and his pronoucements were habitually vague.
According to Prof. Raico, the forging of Roosevelt's later performance style took place during his appointment as Undersecretary of the Navy during Woodrow Wilson's administraton. At that time, Franklin Roosevelt was not only Anglophilic, but also intensely pro-war. While he was undersecretary, he developed the habit of "delivering the goods," sometimes behind the back of his boss, while breaking the rules and even laws. The latter, he bragged about right after the war's end. Anyone who has studied the characteristic kind of pragmatism Americans showed during World War 2 may recognize an echo of Roosevelt's own style.
One incident during his tenure is worth highlighting because it may very well be the anchor for the War on Drugs:
It seems that the naval base at Newport, Rhode Island, had become a center for such things as excessive drinking, prostitution, and drug dealing as well as homosexual activity. It was principally this last that disturbed a number of prominent local citizens. Roosevelt set up a secret investigating team, called "Section A – Office of the Assistant Secretary," to uncover and root out the licentious miscreants. He stipulated that there was to be no written communication regarding the case. Instead, his appointees were to report to him from time to time in person.Prof. Raico mentions in passing that Roosevelt, during Prohibition, consumed alcohol regularly; such a practice was standard amongst the uppers and near-uppers in 1920s America. One of the unanswered questions about that era is whether or not the phrase "above the law" acquired a particular heat during Prohibition.
Since it is exceedingly difficult, in the nature of things, to obtain evidence of consensual sexual acts, the diligent inquisitors employed the default method in such cases – entrapment. Homosexuals were enticed by the use of "straight" sailors, some as young as 16, who allowed lewd acts to be performed upon them. When this became known, there was outrage in Newport. In Washington, a naval commission, headed by an old friend of Roosevelt's, was formed to probe the question. One member of Section A testified that he had, indeed, reported the relevant facts to Roosevelt; the other member was excused from testifying on account of "illness." Franklin himself vehemently denied any knowledge of the immoral methods used by the secret team he had set up – in essence, his claim was that his attitude had been "don't ask, don't tell." In the end, the naval commission exonerated him, thus saving his career.
The controversial question of whether or not President Roosevelt was a "secret Communist" is handled deftly by Prof. Raico. The professor points out that, as of the first Roosevelt Administration, the Communist Party of the United States was regularly hostile to President Roosevelt; the latter treated Communism with disdain. (This disdain may explain why there were so many closet Communists in the entire Roosevelt administration. A man who thinks that Communists are nice nut-cases is not going to see them as any kind of a threat.) As Prof. Raico makes clear, any seeming sympathy for Communism was actually chumminess with Stalin. He also notes that the policy of the U.S. government not recognizing tyrannical nations was an innovation of President Wilson in 1913, and was contrary to earlier U.S. tradition.
With regard to any Rooseveltian sympathy for fascism, Prof Raico presses the case through illustrating President Roosevelt's actions, but Franklin D. Roosevelt's character leaves certain doubts. Was the Roosevelt administration, during peacetime, somewhat fascistic merely because fascism was trendy in the early 1930s? Given the man's slipperiness, this explanation for the 1930s dabble with fascism is both consistent with that part of Franklin Roosevelt's character and is simpler. The man was usually a trend-chaser and his pronoucements were habitually vague.
Sunday, July 1, 2007
Media Roundup: Inferences
The media reports, webbed overnight and today, on the Conrad Black trial consist of two opinion pieces, a profile and three features on what legal-related wrangles may lie ahead for Conrad Black:
1. Peter Worthington's latest column, as webbed by the Ottawa Sun, begins by describing the typical courtroom routines, but then turns to a shift by Judge St. Eve over the course of the trial: taking the defense's side on objections with greater frequency as the trial wore on. He also notes the shift of the prosecution's presentation of its case.
2. A Calgary Sun columnist, Ezra Levant, starts off by noting the class of the jury and its connection to the class-envy card played repeatedly by the prosecution. He then makes the point that this case is politicized because of the political ambitions of Patrick J. Fitzgerald. According to Mr. Levant, Csr. Fitzgerald is "clearly preparing for his future campaign for governor.... Fitzgerald's hunger for a big-name conviction, combined with the unlimited budget and manpower of a government prosecutor, combined with a disintegrating jury system, combined with overreaching and complex new U.S. securities laws puts any businessman, no matter how ethical, at a disadvantage.... The charges are the criminalization of the world of business -- taking it out of the hands of shareholders and giving it to the police."
3. A profile, webbed by the Sunday Express, on the troubles Conrad Black is now facing contains this description of him: "The steely, defiant expression that the immaculately dressed multi-millionaire has shown to the world throughout the trial has finally given way to signs of stress and anxiety.... As he stepped into a cab outside the Ritz Carlton last week, he suddenly looked careworn and vulnerable." The second part of the profile contains a discussion of the other legal troubles that Conrad faces.
4. Those troubles are the subject of the first part of a feature by Andrew Stern of Reuters, entitled "Conrad Black's legal fights far from over." One mentioned early on in it is the right of Hollinger Int'l to demand recoupment of the defense costs for his criminal trial if he's found guilty. Page 2 starts off a recap of what the jurors have asked for, and the report ends with the usual expert analysis and forecasting.
5. WANDtv.com has webbed an Associated Press item which discusses the heart of the charges: the suspicious non-compete payments. "Los Angeles attorney Jeff Riffer says non-competes are common but two things stand out about them in this case: their huge size and the fact that payments went to individual executives."
6. Canada East has webbed a Canadian Press report by Romina Maurino that discusses what kind of jail Conrad Black would be sent to if convicted; the jailhouse that would get him would not be an American "Club Fed." Near its end, it notes that the most likely way he would regain his Canadian citizenship is though his wife, Barbara, who still is a citizen of Canada.
7. A more in-depth AP report has been webbed by Forbes.com. Several experts are quoted therein, and the overall theme is that the Conrad Black case is part of a broader crackdown on executives who abuse their position to the shareholders' detriment.\
8. A recap of the deliberations so far by Andrew Clark of the Guardian begins with: "The fallen press baron Conrad Black is enduring a frustrating wait to hear his fate from jurors who are displaying minimal urgency in reaching a verdict on criminal charges which could condemn him to spend his dotage in prison." It mentions the possibility of Conrad serving his sentence (if any) in the UK, but discounts the likelihood.
----------
Mark Steyn, in his Maclean's Conrad Black trial blog, has a special Canada Day message for those who are sure that Canada was Pushover Nation...
1. Peter Worthington's latest column, as webbed by the Ottawa Sun, begins by describing the typical courtroom routines, but then turns to a shift by Judge St. Eve over the course of the trial: taking the defense's side on objections with greater frequency as the trial wore on. He also notes the shift of the prosecution's presentation of its case.
2. A Calgary Sun columnist, Ezra Levant, starts off by noting the class of the jury and its connection to the class-envy card played repeatedly by the prosecution. He then makes the point that this case is politicized because of the political ambitions of Patrick J. Fitzgerald. According to Mr. Levant, Csr. Fitzgerald is "clearly preparing for his future campaign for governor.... Fitzgerald's hunger for a big-name conviction, combined with the unlimited budget and manpower of a government prosecutor, combined with a disintegrating jury system, combined with overreaching and complex new U.S. securities laws puts any businessman, no matter how ethical, at a disadvantage.... The charges are the criminalization of the world of business -- taking it out of the hands of shareholders and giving it to the police."
3. A profile, webbed by the Sunday Express, on the troubles Conrad Black is now facing contains this description of him: "The steely, defiant expression that the immaculately dressed multi-millionaire has shown to the world throughout the trial has finally given way to signs of stress and anxiety.... As he stepped into a cab outside the Ritz Carlton last week, he suddenly looked careworn and vulnerable." The second part of the profile contains a discussion of the other legal troubles that Conrad faces.
4. Those troubles are the subject of the first part of a feature by Andrew Stern of Reuters, entitled "Conrad Black's legal fights far from over." One mentioned early on in it is the right of Hollinger Int'l to demand recoupment of the defense costs for his criminal trial if he's found guilty. Page 2 starts off a recap of what the jurors have asked for, and the report ends with the usual expert analysis and forecasting.
5. WANDtv.com has webbed an Associated Press item which discusses the heart of the charges: the suspicious non-compete payments. "Los Angeles attorney Jeff Riffer says non-competes are common but two things stand out about them in this case: their huge size and the fact that payments went to individual executives."
6. Canada East has webbed a Canadian Press report by Romina Maurino that discusses what kind of jail Conrad Black would be sent to if convicted; the jailhouse that would get him would not be an American "Club Fed." Near its end, it notes that the most likely way he would regain his Canadian citizenship is though his wife, Barbara, who still is a citizen of Canada.
7. A more in-depth AP report has been webbed by Forbes.com. Several experts are quoted therein, and the overall theme is that the Conrad Black case is part of a broader crackdown on executives who abuse their position to the shareholders' detriment.\
8. A recap of the deliberations so far by Andrew Clark of the Guardian begins with: "The fallen press baron Conrad Black is enduring a frustrating wait to hear his fate from jurors who are displaying minimal urgency in reaching a verdict on criminal charges which could condemn him to spend his dotage in prison." It mentions the possibility of Conrad serving his sentence (if any) in the UK, but discounts the likelihood.
----------
Mark Steyn, in his Maclean's Conrad Black trial blog, has a special Canada Day message for those who are sure that Canada was Pushover Nation...
Subscribe to:
Posts (Atom)