Prosecutors drop Lay appeal

[Judi Lynn]

Nov. 21, 2006, 12:11AM
Prosecutors drop Lay appeal
Government withdraws notice to challenge ruling clearing record

By KRISTEN HAYS
Copyright 2006 Houston Chronicle

Federal prosecutors on Monday had this to say about their intent to challenge a judge's decision to wipe out former Enron Chairman Ken Lay's convictions: Never mind.

Last week the Justice Department filed notice it would appeal U.S. District Judge Sim Lake's October decision to clear Lay's name. That filing came the same day two senators introduced a bill to allow crime victims to seek restitution when a convicted defendant dies before exhausting appeals.

Lake had based his ruling on precedent set by the 5th U.S. Circuit Court of Appeals — the same court that would have heard a challenge. But prosecutors filed court papers Monday that said the government would withdraw its appeal notice.

Monday's filing explained that last week's action came as the deadline for filing notice of appeal was about to expire.

Even though the Justice Department acknowledged helping draft the proposed legislation, prosecutors said in Monday's filing that last week's move was "protective" to ensure they met the deadline and could then review the bill to determine if it could help support an appeal.
(snip/...)

http://www.chron.com/disp/story.mpl/business/4350315.html

[bluestateguy]

1. This administration was never serious about prosecuting him anyway

They only did so after irresistible public pressure.

[xchrom]

2. gasp -- quelle surprise!!!

not.

[Kagemusha]

3. Um, please. Prosecuting a dead man is money wasted.

Even just the responses to this thread so far, uh, the guy's died on us. It sucks, but that's the way it is. Appealing the wiping out of the conviction of an unsentenced dead man is technically legal, but it's still money wasted. It's a lost cause; the judge followed the law as it was written. Changing the law and then trying to get the convictions re-established after the fact probably isn't even constitutional.

I sympathize, but these reactions of "Bah, they never wanted to prosecute him in the first place!" ...He's dead. Flogging the corpse is beneath a democratic government.

[leesa]

4. The money is still there.

[powwowdancer]

5. Exactly

It's all about saving all that money Kenny-boy stole so his heirs and assigns can party hearty. I wouldn't be surprised to see photos of him turn up in Barbados. This whole thing stinks to high heaven.

powwowdancer out

[Kagemusha]

7. That's for the civil suit.

The government got robbed of first dibs. Boo hoo hoo.

[democraticinsurgent]

6. that assumes he's still dead

are we sure that he is? Awfully convenient timing for his departure, yes?

[Demeter]

8. This Isn't Legal Precedent

The arguments that vacating the conviction, etc., because of long-established legal precedent were bullshit.

Any "precedent" that came out of the Reagan era is unworthy of being upheld.