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Wednesday, December 12, 2007
William F. Buckley :: Townhall.com Columnist
Black Times
by William F. Buckley
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Some months ago I had a communication from a member of Conrad Black's defense team. The jury had just convicted him on four of the 13 charges brought against him. Said the lawyer to however many hundred people she addressed: "Over the next few weeks, the court will be pondering the future of Conrad Black. Please write to the judge about him and stress, if you will, what may be the extenuating factors she should consider in meting out sentence."

That was a painful commission for friends of Conrad Black. It seemed to this friend, as to quite a few others, that he probably was guilty on at least some of the charges. Now, being guilty of fraud and obstruction of justice (i.e., withholding evidence) is not quite the same thing as being Lee Harvey Oswald taking aim at the profile of John F. Kennedy in Dallas at noon on Nov. 22, 1963. And in any case, there were enough complications in this case to allow Black's lawyers to assert that what he had done was something this side of point-blank crime.

From the first day, Black had said that he didn't do it and, anyway, even if he did, it wasn't illegal. This is a form of "pleading in the alternative": John didn't kill the chicken, killing chickens isn't illegal, and in any event, here is a chicken alive and well.

I cautioned myself, in writing to the judge, not to get into that act. A judge who had sat through a four-month-long trial, listened to learned arguments by the prosecution and the defense as to form and fact, and heard a dozen witnesses testify as to what actually did happen, would be in no mood to be told by a journalist that the whole thing was crapola and maybe she should try out a different profession.

Well, I abided by that counsel, and I have to imagine that other friends of the defendant did the same thing.

But Conrad Black did not. He stand was absolutely consistent from Day One. The charges were foolish; they sought to vest in judicial infamy that which is in the nature of things blameless. Moreover, the people who were contending otherwise were obtuse and vindictive, and should be put away somewhere to prevent the toxification of the common law and the resources of reason on Earth.

One came upon friend after friend of the defendant, in the months before sentencing, who, while perhaps permitting themselves a smile of furtive satisfaction over the raw impiety of it all, would agree: Conrad is out of his mind to pursue that line of defense.

On the question we were asked by the defense lawyer to address, Is Black an honorable fellow, responsible for good deeds and benevolent thought? there was among his friends what I would guess was close to unanimity of opinion that Conrad Black has nobly enhanced the human cause.

At this point, heady passions broke into the theater. What about poor people? What about Canadians? What about the common man?

It is an adage of life itself that the man who gives away a penny incurs resentment in those who ask why he didn't give away two pennies. And what about the means by which he achieved his surplus in the first place?

As for his fellow Canadians, when Conrad Black announced that he was willing to surrender his Canadian citizenship in order to abide in London with the lords of the realm, impulses of resentment were kindled, and from the tumult one could make out the guttural sound of, "What's wrong with Toronto, my lord?"

This is the moment, perhaps, for a little reflective thought, to the effect that the tragedy is now complete in the matter of Conrad Black. Only he had the courage and the sweep to throw it all away. Leaving, for his friends, just terrible sadness that it should have come to this.

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About The Author

William F. Buckley, Jr. is editor-at-large of National Review, the prolific author of Miles Gone By: A Literary Autobiography.

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Huh?

The given: William J. Buckley is a renowned thinker and writer.

The problem: I rarely can understand more than 2 or 3 sentences of anything he ever writes.

First possible conclusion: The problem is mine. I simply do not have the intellectual capacity to understand the great and subtle insights of this conservative icon.

Second possible conclusion: The emporor no longer has any clothes. Some one please take away his pen and paper.

My Mistakes

William F. Buckley, Jr.

emperor

I guess it's conclusion #1: I'm an idiot.

I'm afraid that...
like many people of advanced years, myself included, Bill is beginning to ramble in his writing.

What about context??
1.) Who is this Black fellow?
2.) What was his alleged crime?
3.) Why should I care about the whole affair?
Mr. Buckley's article is an enigma without the above questions (well 1 and 2) being answered. The whole thing is very obscure without the context of the story.

Buckley still believes

"is not quite the same thing as being Lee Harvey Oswald taking aim at the profile of John F. Kennedy in Dallas at noon on Nov. 22, 1963."



Oswald shot Kennedy?

Oh thats right, its official

Oh please! Please! Talent Scout...
...tell us the REAL truth!

He'd better...
Nam65-66 writes: "Oh please! Please! Talent Scout...
...tell us the REAL truth!"

After all, he's the only one that knows.

Bill Buckley...
...is so over. Please enough of him and his ramblings about his filthy rich friends who defrauded share holders so they can live lavish lives...he GOT CAUGHT then lied about it...6.5 years in prison isn't enough. they should put Buckley in there with him and he should have to listen to him for 6.5 years ramble on about nothing...that'd show him...

I don't know much about the
fraud charges but the "obstruction of justice" charge to me raises alarms. From what I have seen it is either a "pile on" or a last ditch effort because they can't get anything else, aka Martha Stuart.

The jury found him guilty on 4 charges out of 18. That in itself tells me that this was another case of prosecutrial over reach.

The way things are going now it wuld not be beyond the bounds for a prosecutor to charge perjury and obstruction for pleading not guilty. In my opinion this "obstruction of justice" charge is being abused and should be eliminated. True perjury can still be prosecuted if that is the problem. Of course, in all civil actions, everyone is immune to charges of perjury while Bill Klinton is still alive.

Vic
Perjury has always been a very selective tool used by prosecutors as a last resort, or to compel testimony.

As a friend commented one time, "the purpose of trials is to find out who is lying". Those who lie, by definition, commit perjury. Defense attorneys do not want to know if the client is guilty - which, by definition, ensures that if the client is guilty, it is a lie to plead innocent.

If found guilty, however, we do not go back and charge the defendant with perjury - even though they lied.

And if they plea bargain before or during a trial, and after they originally claimed they were innocent, we also don't go back and charge them with perjury.

If they lie when being deposed, and later are found out - we don't charge them with perjury.

Defendents routinely lie on the stand as do witnesses for both the defence and the prosecution - and they are often found out in the course of a trial. Yet again, we don't go back and charge them with perjury.

The issue is never so much whether or not Clinton, Libby or others like them lied, the issue is why prosecutors choose to charge them with perjury - while giving the other 99% a free pass.

And in the end, we don't use perjury save in a very small minority of cases, because we don't expect people to incriminate themselves. Thus - the conflict.

Eben
All the more reason to get rid of it. The courts throughout the years have consistently ruled that you can not have unequal enforcement of the law. In some cases they have ruled a law unconstitutional simply because it was enforced in an uneven manner.

What I have seen lately is enforcement of "perjury" and "obstruction" for political purposes.

For Docwaters
(1) An erstwhile Canadian newspaper magnate, he owned outright one of the two major Canadian newspaper groups (Southam--papers such as Calgary Herald, Edmonton Journal, Montreal Gazette, ...) and had fingers in the other (Canoe--"Sun" of Toronto, Calgary, Edmonton, ...) due to marriage to Barbara Amiel
(2) He appears to have embezzled quite a bit from his companies
(3) Unless you are a citizen of Canada (irrespective of immigration/citizenship status in US--BTW, I am a dual Canuck-Yank), I can't really see any reason that you would need to

September12Republican
Hahahahahah! That is so funny. BTW, I'm glad to know I'm not alone in my confusion in regards to Mr. Buckley and his musings.

Oh well, perhaps I'm also an idiot. Anythings possible.

A correction to my 08:43 point #3
It should have read "unless you are a citizen of Canada (irrespective of whether you are a US citizen, or even physically IN the US--BTW, I am a dual of Canada and US) I see no reason to" (care about the outcome of the Hollinger Case)

Whatever..

It's not a whole lot of fun anymore, poking fun at W.F. The thrill is gone. Time to move on..

I think that what Conrad did amounted to a comedy of errors. I can take all of it very lightly. After all - it's only business; he founded and pretty much owned the company. I think putting him in jail for his purported 'crime' was a mistake. It's only money. He should only have been told to pay it back. After all, he's really not a criminal.

The judge's comments that "nobody is above the law, not even you Lord Black' is B.S. If he had been a well known actor who murdered his wife she no doubt would have let him off - O.J.; Blake; M. Rooney; and so on...

Give me a break!

WFB
W. F. BUCKLEY is still one of the greatest
Americans that i have ever known or knew about.
In a country full of pseudo-intellectuals ,
how refreshing it is to see the real thing---
a true intellectual .

not quite musings...
Mr Buckley...I used to live about a mile away from your home in Pomfret, Connecticut and have become known as a Community Leader from New England to California...including Florida. This article seems sympathic and jumpy...you are not very clear,here,as you used to be...someone whom I admire since High School...someone who was an inpiration, I'd like you to know that my investigative reporting led to my reporting to the CIA and the Los Angeles FBI the impending threat of an imminent terrorist attack in June 2001 and to my Governor in July 2001...nothing was done to prevent it...as a proud American what good does it do to report security trheats when no one does anything about it. Everyone has lost the pride in our Country and all they think about is themselves and thier careers. I've had a best selling novel written about my investigative attributes and a movie followed.
What can we do to give more coverage to the good guys and not always stay focused on the peoples greed and greedy ambitions? Good guys end last? Where are my colleagues who know right from wrong and there is no in-between as you, in a round-about way referred to in this article?

why won't my comment post?
what happened to my comment whare is it?

thanx...I appreciate it...
just a technical error...wasn't it...

For baudrunner
How about attempting to rig elections through editorial columns (Black did this in 1993 through Southam group papers--he was vitriolically pro-Mulroney) or attempting to violate a country's immigration laws (in this case, those of Canada: he asked St. Eve if he could await sentencing in Toronto--last I checked, the fact that he renounced Canadian citizenship meant he also renounced ALL intrinsic rights to ever again set foot in Canada)?

I think the sentence is fair for the above two shenanigans.

Musing on the musings
One needn't be an idiot to not understand the writings of Mr. Buckley. It helps some to be a little above average and to try really hard...
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