http://www.rockridgenation.org/blog/archive/2007/03/14/gonzales-pleads-the-ken-lay-defenseGonzales Pleads the Ken Lay Defense
Created by glenn_at_rockridge (Rockridge Institute staff member)
With no apparent shame, Attorney General Alberto Gonzales pleaded the Ken Lay defense — also known by his own prosecutors as the "Aw, shucks" defense or the " deliberate ignorance" defense — in his explanation of the political executions of United States attorneys by his office and the White House.
Gonzales tried to avoid any responsibility in the growing scandal by using the word " responsible" while ducking its consequences. He said, "I accept responsibility for everything that happens here within this department, but when you have 110,000 people working in the department, obviously there are going to be decisions made that I am not aware of in real time."
The late Kenneth Lay of Enron fame attempted this during his federal trial. So did former WorldCom exec Bernard Ebbers. When Lay tried it, federal prosecutor Kathryn Ruemmler said, "Over and over again, Lay chose not to ask hard questions. He did so trying to stick his head in the sand, and the law says you cannot do that."
In the WorldCom case, prosecutors mocked Ebbers for claiming he was an accounting ignoramus who didn't know about the fraud his underlings were committing. Juries didn't buy it with Lay, and they didn't buy it with Ebbers.
Now Gonzales faces the hopeless task of convincing his own criminal prosecutors that principles that apply to other defendants should not apply to their boss — him. He won't face this awkwardness in a courtrooom, yet. He's not charged with anything. But what will he say to them in the hallways of the Justice Department?
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