Thursday, April 29, 2010

The Senate's Kangaroo Court Against Goldman-Sachs

From Wikipedia, the definition of a Kangaroo Court is as follows:
"A kangaroo court or kangaroo trial, sometimes likened to a drumhead court-martial, refers to a sham legal proceeding or court. The colloquial phrase "kangaroo court" is used to describe judicial proceedings that deny due process rights in the name of expediency. Such rights include the right to summon witnesses, the right of cross-examination, the right not to incriminate oneself, the right not to be tried on secret evidence, the right to control one's own defense, the right to exclude evidence that is improperly obtained, irrelevant or inherently inadmissible, e.g., hearsay, the right to exclude judges or jurors on the grounds of partiality or conflict of interest, and the right of appeal. The outcome of a trial by "kangaroo court" is essentially determined in advance, usually for the purpose of providing a conviction, either by going through the motions of manipulated procedure or by allowing no defense at all."

What I saw with Senator Levin's hearings on Tuesday and the grilling of Goldman-Sachs over the mortgage and housing collapse was a form of court that completely goes against the grain of our system of justice and, in essence, more aptly fits the above definition of a Kangaroo Court. That was evident in Senator Levin's opening statement where he made a statement that made it appear as if it was a foregone conclusion that Goldman-Sachs was guilty. In the process of being grilled, the Goldman-Sachs team was forced into answering questions that were intentionally formulated to make "Sachs" look bad. What's worse, everyone on that Senate panel knew that Goldman-Sachs was being litigated against by the SEC and, therefore, the "Sachs" members at that hearing couldn't answer all the questions that Levin and the rest of the Senate panel were throwing at them; because, to do so, could undermine their pending legal case with the Securities and Exchange Commission.

The problem with any Congressional Hearing is that you are placed under oath. But, all the precepts of due process are completely thrown out the window. You can't present a case in your own defense. You must simply answer questions from the Senate panel. A failure to answer any question -- either by pleading the 5th or by being evasive -- just makes you look bad and in fact could get you a "contempt" citation. And, for sure, the camera's are rolling; forcing people like Senator Levin to be even more theatrical. This was evidenced by his constant use of the word "shitty" in an attempt to keep hammering "Sachs" with their own words. If an attorney is present at a hearing, that attorney can not speak in defense of his client(s) in any way. He can only advise on an "aside" basis before his client answers any specific Congressman's or Senator's question. So, for that reason alone, a Senate hearing is truly a Kangaroo Court.

The whole objective of this hearing was political. It was fully intended to be a vehicle by which the Democrats could crucify Wall Street -- vis a vis Goldman-Sachs -- and, therefore, strengthen the Democrat's reelection bids in the fall by energizing their base and, hopefully, impressing some independents who might think very little of Wall Street. It was truly politics at it's worst. I personally believe that the Senate should stand aside and let the courts decide if Goldman-Sachs has done anything wrong. That hearing only tainted the judicial process. But, the Democrats could care less about Goldman-Sachs getting a fair trial. What they want is a spectacle so they can win in the court of public opinion and win in the fall elections; and, that's truly sad and, quite frankly, un-American.

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