Tom Delay and Charlie Manson

by digby

Matthews mentioned the fact on his show today that Nixon got in trouble for saying that Charles Manson was guilty while he was still on trial. It’s true. It was a big brouhaha because it used to be considered very inappropriate for a president to weigh in on the guilt or innocence of a defendent because of the possibility he might taint the Jury Pool.

As most of you know, Rick Perlstein is currently writing a book about Nixon’s America. He tipped me to this fascinating little blast from the past. As he was exhorting the nation to respect the judicial system, here’s what Nixon said:

I noted, for example, the coverage of the Charles Manson case when I was in Los Angeles, front page every day in the papers. It usually got a couple of minutes in the evening news. Here is a man who was guilty, directly or indirectly, of eight murders without reason.

Here is a man, yet, who, as far as the coverage was concerned, appeared to be rather a glamorous figure, a glamorous figure to the young people whom he had brought into his operations and, also, another thing that was noted was the fact that two lawyers in the case–two lawyers who were, as anyone who could read any of the stories could tell, who were guilty of the most outrageous, contemptuous action in the courtroom and who were ordered to jail overnight by the judge–seem to be more the oppressed, and the judge seemed to be the villain.

The response was fierce. Here’s Ron Zeigler trying to spin his way out of it:

“The President, in his remarks to you in this room earlier, was, of course, referring to the focus of attention and the dramatics that are oftentimes put on various criminal acts, alleged criminal acts.

“Quite obviously, the President in his remarks regarding the trial now underway was referring to allegations that had been raised and are now in a court of law.

“If you take the President’s remarks in the context of what he was saying, there is no attempt to impute liability to any accused. The gist of his statement was just the contrary.

“I think when he concluded his statement in reference to the system, in concluding his remarks to you, he made it very clear that it is important that in our system, as it does exist, that individuals have the right of fair trial, although, apparently, many of you understood it to mean something other than as the President intended it in his total remarks, to suggest that he was referring to something other than the obvious, and that is the fact that he was referring to the allegations against Mr. Manson and the others on trial in Los Angeles.”

You can see why the Republicans later decided to simply go ahead and make a robot the press secretary.

Yesterday, Bush said he unequivocally believed that Tom Delay was innocent. Now one could make a case that a president should always go with a presumption of innocence. But he didn’t do that with Duke Cunningham who he said should be condemned if he did the things he is accused of. When asked about DeLay, Bush’s jaw just clenches and he says outright that he thinks he’s is innocent.

Here’s the tape at Crooks and Liars You have to see how he looked when he said it to appreciate how bizarre it was. He looks as though he’s just been goosed with an electric cattle prod. (I think perhaps the best explanation for Bush’s inappropriate jury tampering is that old Hot Tub Tom has some fond memories (and pictures) of Junior during his pre-Jesus years.)

Of course, the conservative base has intensely rallied around Delay from the beginning:

Morton Blackwell, Republican National Committee member from Virginia and a member of ACU’s board, said Republicans are being told support for Mr. DeLay is mandatory if they want future support from conservatives.

“Conservative leaders across the country are working now to make sure that any politician who hopes to have conservative support in the future had better be in the forefront as we attack those who attack Tom DeLay,” he said.

And then we all know that the christian right has, for reasons that are unclear, decided that a man named “the hammer” is a quasi-religious figure. Karl is desperate to keep the conservative evangelicals in the republican column, so supporting this criminal, power mad thug could also be seen as a small battle in the War on Christmas.

Still, it is a little bit unusual for a president to utter such unequivocal support for someone under indictment and in the crosshairs of a very serious justice department probe. But then if he didn’t he wouldn’t have any friends or supporters at all, would he. Remember this presidential pal and criminal defendent?

Soon heading to trial, the former Enron CEO implores — before a wealthy crowd — company employees to “stand up” for him.

While most people accused of corporate crimes keep a low profile before going to trial, former Enron CEO Kenneth Lay defended himself in the court of public opinion on Dec. 13 at a luncheon in Houston. Lay portrayed himself as a martyr persecuted by overzealous federal prosecutors more intent on getting a conviction than seeking the truth. He said prosecutors were engaged in a “wave of terror,” intimidating potential witnesses who could clear his name and prove that Enron “was a real company, a substantial company, an honest company.”

Lay pointed the finger of blame at Andrew Fastow, Enron’s former chief financial officer, who pleaded guilty to conspiracy and securities fraud last year. Fastow is expected to testify against Lay and two other former Enron executives, Jeffrey Skilling and Richard Causey, when the three are tried together for various corporate crimes next month. Lay said he was guilty only of being “too trusting” of Fastow. He said it was the “stench” of Fastow’s misconduct that led the investing public to lose confidence in Enron.

UNUSUAL VENUE. And Enron’s fall? Lay argued that it was “public hysteria” that doomed the company rather than its business fundamentals. “Enron’s bankruptcy was caused by liquidity problems, not by solvency problems. The company’s on- and off-balance-sheet assets exceeded its liabilities by billions of dollars,” he said. Indeed, he claimed that Enron would still be a going concern if investors hadn’t panicked.

Lay chose to argue his case before the Houston Forum, a well-heeled group that engages prominent speakers like Senator John McCain (R-Ariz.) and former Secretary of State Henry Kissinger. It certainly was an unusual venue. Others charged with corporate crimes like, Tyco’s (TYC ) Dennis Koslowski and ImClone’s (IMCL ) Samuel Waksal, stood stoically behind their lawyers in public and couldn’t be brought to utter even “no comment.”

Says Houston attorney, David Berg, who defends white-collar criminals and follows the Enron case: “I’d never let a client make a speech like that because his words can and will be used against him.”

“AGAINST THE WALL.” It reminded Berg of Skilling’s testimony during congressional hearings in 2002: “It’s the ultimate in hubris for these guys to spout off like that,” Berg says, adding that for Lay to deliver his speech before a wealthy crowd in a ballroom at an expensive hotel didn’t help him, either.

Lay’s attorney Mike Ramsey says the speech wasn’t intended to influence jurors, which have already been selected, since the people attending the luncheon “are too smart to get on a jury that’s going to last six months.” Rather, Ramsey says, “Our backs are against the wall” in getting witnesses to help with Lay’s defense. “We’re trying to get Enron employees to speak out.”

I guess down there in texas juries like being called stupid. Interesting defense tactic.

Bush doesn’t defend Lay, of course. He just denies that he ever knew him. The bubble gets smaller and smaller.

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