I despise the Roberts court. After the Citizen’s United case in which the court addressed an issue that wasn’t even brought up in the case to give corporations the same rights as human beings meaning that they could spend unlimited amounts for advocacy. It seemed to me then and now that a paper entity and a citizen of the United States have striking differences.

Many, many people including me get upset when the obviously guilty walk free. I remember when Imelda Marcos evaded conviction with some anger and I could name some more. One of the most loathsome characters in the history of the United States and Canada is Lord Black also known as Conrad Black. This odious figure used a non-compete clause to enrich himself by many millions of dollars. Jeff Skilling, one of the architects of the Enron debacle, is also likely to walk free. It is difficult to contemplate any number of common criminal thefts and robberies that can close to Skillings incredible career of monetary destruction. Yet, it seems today that their convictions will be thrown out because of a Supreme Court decision.

Conrad Black should be in prison. He is a criminal.

Jeff Skilling is a criminal. He should be in prison.

But the Supreme court is right. The issue at question is the “honest services” law. Under the law if you fail to offer honest services you have committed a crime. The problem here is obvious – what are honest services? If you are late to work, are you late, stealing from your employer and thus liable under the law? The law gave enormous discretion to prosecutors, actually the word incredible come to mind. It was more a license to convict than a law. Alabama Gov. Don Siegelman was convicted under the law. His crime was to appoint a contributor to a position in exchange for his financial support for a campaign for a statewide lottery. It was a non-paying position that he had been appointed to several times under previous governors. That’s grounds for a federal prosecution?

What is worse about this whole stinking prosecutorial mess is that I believe that under the law, there were legitimate statutes under which to try most of these men, particularly simple fraud. The time is up for new criminal filings. Because the prosecutors opted for the easiest possible legal theory, there will be no convictions at all.

James Pilant