The
RICO law gives the federal government extraordinary power to go after
people. The law was designed to help the feds get the mafia and to that
end, the law served its purpose. But federal laws, once on the books,
have an amazing ability to expand and grow beyond their original intent.
Now RICO laws are used to prosecute just about anybody for anything.
I have a problem with that. Under RICO, the feds can take everything
you own first and ask questions later. It is precisely this type of
unfettered power that the founding fathers of this country feared most.
The essence of the case is that Gulf Coast attorney Paul Minor lent money to judge Diaz (and some other lower court judges) and then forgave the note. Under Mississippi laws at the time, attorneys could give judges unlimited amounts of money, so long as they reported it. Guaranteeing loans, rather than making direct contributions, has long been used as a means to hide contributions. Local or state officials have failed to prosecute this maneuver, even though it violates state statutes. So Diaz and the other judges probably figured they were just playing the game everybody played and, at worst, they were committing a reporting misdemeanor that nobody enforced. What Diaz failed to anticipate was the long arm of the federal government swooping down with its RICO laws, calling the whole sordid mess bribery and seeking 20 year prison terms. If Gore had been elected President, you can bet none of this would be occurring. In fact, Diaz’ attorney, Brad Pigott, under the Democratic administration, had the same job held by Dunn Lampton, Mississippi’s U. S. Attorney now prosecuting the case. It may well be that the whole sordid mess of judicial abuse and lawsuit scams has reached the level of bribery. Perhaps we should be commending Dunn Lampton for having the guts to step up to the plate and put a stop to lawsuit abuse. Given the immense power of the judiciary, it is outrageous that attorneys can legally give money to the judges before which they try cases. Who can believe our courts are fair until such contributions are banned? Certainly the people of Mississippi have become aware of the magnitude of the problem. The state legislature passed reforms and Chuck McRae, the most pro-plaintiff state supreme court judge, was booted out by the electorate. Given the problem with our courts, what is the correct way to solve the problem? Through public awareness and ballot box action resulting in new laws and new judges, or through the long arm of the federal government using RICO to abruptly change the long-accepted (and corrupt) rules of the game, ruining four or five lives in the process? As usual in political scandals of this nature, it’s the cover-up that gets you. The most powerful weapon in the fed’s case will be the attempts by Minor and Diaz to hide their loan activities. Attempting to hide something doesn’t necessarily make it illegal. We all attempt to hide a few things we don’t want others to know. But it’s not going to sit well with a jury. Probably the weakest aspect of the federal case is using a unanimous supreme court decision regarding Paul Minor’s father, Bill Minor, as proof that Diaz gave Paul Minor something back for his loan. It is ironic, given my role as a long-standing tort reformer, that the judicial decision with which the feds are attempting to nail Diaz included my company as a defendant. Mississippi columnist Bill Minor, my company, and several other Mississippi newspapers had been sued for libel when Bill Minor wrote a scathing column about a civil rights era figure. The case had no merit and was rightly thrown out unanimously. I’m sure glad I never donated to the Diaz campaign. Maybe the feds would be after me. If that’s the best quid pro quo the feds can come up with then their case against Diaz is weak. When the federal indictments came out, my first reaction was to gloat. Upon reflection, I have serious reservations about the federal government’s application of racketeering laws to Mississippi’s long-established, if slimy, process of electing judges. Our state needs to adopt a new system. We need a blue-ribbon committee to create a list of the five best candidates for judgeships. The governor can then pick one of the five candidates, subject to approval by the state legislature and a public referendum. I can’t believe many Mississippians really believe Oliver Diaz is a criminal who should be behind bars. No doubt he exercised terrible judgment in accepting those loans. I won’t be endorsing his re-election. But jail time? Here in Jackson, we have armed robbers who are walking the streets with impunity. Let’s save our jail space for them. |