Thursday, June 16, 2005

Gee, what a Surprise

From the NY Times via Holden:

Senior Justice Department officials overrode the objections of career lawyers running the government's tobacco racketeering trial and ordered them to reduce the penalties sought at the close of the nine-month trial by $120 billion, internal documents and interviews show.

The trial team argued that the move would be seen as politically motivated and legally groundless.

"We do not want politics to be perceived as the underlying motivation, and that is certainly a risk if we make adjustments in our remedies presentation that are not based on evidence," the two top lawyers for the trial team, Sharon Y. Eubanks and Stephen D. Brody, wrote in a memorandum on May 30 to Associate Attorney General Robert D. McCallum that was reviewed by The New York Times.


Great, what a surprise. You could knock me over with a feather filter.

The newly disclosed documents make clear that the decision was made after weeks of tumult in the department and accusations from lawyers on the tobacco team that Mr. McCallum and other political appointees had effectively undermined their case. Mr. McCallum, No. 3 at the department, is a close friend of President Bush from their days as Skull & Bones members at Yale, and he was also a partner at an Atlanta law firm, Alston & Bird, that has done legal work for R.J. Reynolds Tobacco, part of Reynolds American, a defendant in the case...

... In saying the decision was politically motivated, critics have pointed not only to Mr. McCallum's role at a law firm tied to the industry, a role that a Justice Department ethics office ruled did not prevent him from overseeing the case, but also to the industry's political contributions to the Republican Party. The industry gave $2.7 million to Republicans last year and $938,000 to Democrats.


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