History’s Greatest Monster in the History of History Itself May Escape Punishment For Horrible Crimes

You may recall federal prosecutors wasting tens of millions of dollars prosecuting Barry Bonds. Bonds committed the Very Serious crime of breaking non-enforced non-rules threatening the sentimental fog of various narcissistic sportswriters, and hence was targeted in an indirect War on (Some Classes of People Who Use Some) Drugs prosecution. While prosecutors came up with a goose egg in their similarly asinine prosecution of History’s Other Greatest Monster Roger Clemens, they were able to secure a conviction against Barry Bonds. The conviction was on an obstruction of justice charge. What was the basis for the obstruction charge? Bonds was asked a question in court and gave a rambling non-answer to a question…that he answered directly in a follow-up question.

It’s as absurd as it sounds, and Bonds’s conviction was thrown out today by the 9th circuit. A superb use of taxpayer dollars!

I’ll give the final word to Judge Kozinski’s concurrence:

Making everyone who participates in our justice system a potential criminal defendant for conduct that is nothing more than the ordinary tug and pull of litigation risks chilling zealous advocacy. It also gives prosecutors the immense and unreviewable power to reward friends and punish enemies by prosecuting the latter and giving the former a pass. The perception that prosecutors have such a potent weapon in their arsenal, even if never used, may well dampen the fervor with which lawyers, particularly those representing criminal defendants, will discharge their duties. The amorphous nature of the statute is also at odds with the constitutional requirement that individuals have fair notice as to what conduct may be criminal.