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The Current Crisis

Conrad Black’s Victory

Prison is no place to be.

WASHINGTON — “If you have nothing else you have your principles,” Lady Thatcher told me when things were pretty tough at The American Spectator in the late 1990s. Sharks were circling the ship and there was blood in the water and I was getting anxious. She was serene, having just flown back from Beijing, but she was adamant. “You have your principles.” They endure, and fortify you when things are dire.

Doubtless, Conrad Black has had his principles too, and they are not much different from mine, though he is Canadian. For that matter, if you are reading this, they are not much different from yours: the sanctity of the individual, individual liberty, limited government, the rule of law. Now, because he has resisted being put away in a dark place for six and a half years, the rule of law is more secure. On June 24 all nine Supreme Court justices sided with him. The “honest services” statute of a 1988 law that has been used ever since to prosecute white collar crime is too vague and unconstitutional. The Court has remanded Black’s conviction back to a lower court for reconsideration. I hope it is just a matter of time before his long ordeal is over.

He has lost his company, which provided an alternative to the mainstream media around the English-speaking world. He lost his fortune, and many friends. To the friends I would say, au revoir. They were not much anyway, and besides he has Seth Lipsky, Ira Stoll, Roger Hertog, and thousands of others who have proved their mettle by sticking with him. And most emphatically he has his principles.

Through the years he has fought for his freedom and the 27 months he has spent in prison I have never seen him waver in his confidence in eventual vindication. Nor have I seen him lose faith in the American rule of law or the Constitution. He got a bad break, but he recognized that in the American system of justice he still had a chance. Nine justices have spoken. He has his chance. Now let us hope that the lower court does the decent thing and lets him go. He has had one of the most brilliant constitutional lawyers of his generation, Miguel Estrada, who himself might have been on the Supreme Court were it not for the partisan poisons out there. Estrada will be hustling to get him out on bail while he awaits reconsideration.

I had the opportunity — it would be a stretch to call it a pleasure — to visit him in prison at Coleman, Florida’s low security prison. I was not the only one. Hertog has visited him regularly, sometimes under very unpleasant circumstances. And the excellent Lipsky put in an appearance. Lipsky was like me: “What the hell am I doing here?” But it was the least we could do. We were paying our respects to a great newspaperman, and he was full of fight.

Prison is no place to be. If people talked more about it, not so many people would be trifling with such places today. Conrad did not belong there, but that was beside the point. He wanted to talk about the things we always talked about in the past, but first he directed me from the sun court. I thought I could at least get some sun. He directed me from the heat and saved my hide. He talked about elections, great people and great issues from the present and the past. He speculated on the future and talked about economics, and the sorry state of American industrial output. He never dwelt on his own condition. That was the great war of the lawyers.

Through the last few years he had time on his hands and seeing an opportunity, I asked him to write for The American Spectator. He is not only a gifted publisher but also a very energetic student of history – and a noted biographer of Franklin Roosevelt and Richard Nixon. He did a long essay on George W. Bush, FDR, and the consequences of Bush’s reelection. Later he wrote on Sean Wilentz’s book,  The Rise of American Democracy, Martin and Annelese Anderson’s Reagan Secret War, and my own book on Clinton in retirement, The Clinton Crack-Up. The review was favorable but I would not say it glowed. Conrad is his own man. Pick up our September issue (or read his piece online at Spectator.org). He reviews Teddy Roosevelt’s visions of America. He liked Teddy. They are two of a kind.

Now he sits in Coleman, Florida, awaiting a lower court’s orders. He was tried on 13 counts and he beat nine of them. He was convicted of three counts of fraud and one of obstruction of justice — he had agreed to his former company’s request that he empty his office. That was construed by our government as obstruction. The hope here is that he will be cleared on all counts. 

About the Author

R. Emmett Tyrrell, Jr. is the founder and editor in chief of The American Spectator. He is the author of The Death of Liberalism, published by Thomas Nelson Inc. His previous books include the New York Times bestseller Boy Clinton: the Political Biography; The Impeachment of William Jefferson Clinton; The Liberal Crack-Up; The Conservative Crack-Up; Public Nuisances; The Future that Doesn’t Work: Social Democracy’s Failure in Britain; Madame Hillary: The Dark Road to the White House; The Clinton Crack-Up; and After the Hangover: The Conservatives’ Road to Recovery.

Letter to the Editor View all comments (16) |

Lord Ha Ha| 7.1.10 @ 7:40AM

If he's so innocent, why did he stay up all night shredding documents? The same documents the Mounties told him to not [wink, wink] shred.

Petronius| 7.1.10 @ 8:23AM

Not that we will read Mark Steyn in the pages of the original Speccie again...

elhombrelibre| 7.1.10 @ 12:01PM

Great editorial, Bob.

Anon| 7.1.10 @ 12:49PM

It was some years ago that the Wall Street Journal wrote about the criminals' lobby. Yes, there is a criminals' lobby, and it is one of the strongest and most effective lobbies in the country. But what we have seen, in recent years, is that conservative publications have become its leadership.

Conrad Black was accused, in substance, of looting his company. The Supreme Court's ruling means that he may not have been guilty of the specific crime with which he was charged, but it does not mean that he is an honest man.

DaveS| 7.1.10 @ 3:03PM

SCOTUS didn't indicate he was an honest man. It didn't either indicate you are a rational thinker and writer.

Dave Smith| 7.1.10 @ 2:35PM

"Conrad Black was accused, in substance, of looting his company. The Supreme Court's ruling means that he may not have been guilty of the specific crime with which he was charged, but it does not mean that he is an honest man. "

O, that's alright then. He's guilty of something, so let's dispense with that whole due process thingummybob, that's been around since god knows when.

I believe they call that 'Alice in Wonderland' justice.

"I'll be the judge and I'll be the jury," said cunning old Fury;
"I'll try the whole case, and condemn you to death."

How about "Sentence first, verdict second."?

Saves so much time, old boy. So long as he's been accused of something.

clay hebb| 7.1.10 @ 5:03PM

Bobby: You need help!

Quartermaster| 7.1.10 @ 8:33PM

Federal prosecutors are out of control, and have been for many years. Too many want to make a name for themselves. The Judges are to blame here as much as the idiots in the White House. They have the ability to rein in the Prosecutorial thugs, but refuse to their duty.

Frankly, almost any high profile person accused by the Feds are probably not guilty of what they are accused of. Grand Juries give the prosecutors their way (if they don't the thugs call them "runaway") as they are a creature of the prosecution. Grand juries rarely hear the full facts, just what the prosecutor wants them to hear. One prosecutor, many years ago said "I can get an indictment against a ham sandwich." He wasn't far wrong.

Dave Trapped in NYC| 7.1.10 @ 9:07PM

The guy who started Conrad Black's ordeal is DEAD.

Chris Browne of Tweedy Browne Funds.

Let him out now.

Yosemeti Sam| 7.2.10 @ 12:45AM

Hmmmmm.

Interesting juxtapose for rumination:

To Conrad Black the Leftoid legal beagles - pursued!

To the Black Panthers criminality the Leftoid legal seagulls - flew away.

Ah, Justice!

When there's a fork in the road - take it!

Right - Yogi?

Peter Gryphon| 7.4.10 @ 4:56PM

Conrad Black WAS a Canadian. He is no longer by his own choice. We don't want him back. I enjoy reading his writing and generally agree with him. But, I wouldn't trust him with a dime.

Matt| 7.5.10 @ 8:25AM

Hard to imagine the 7th circuit failed to figure this one out. Not the same court it was 15 years ago.

More Articles by R. Emmett Tyrrell, Jr.

More Articles From The Current Crisis

http://spectator.org/archives/2010/07/01/conrad-blacks-victory

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