http://www.suntimes.com/news/greeley/309629,CST-EDT-greel23.articleU.S. attorneys need legal restraints
March 23, 2007
BY ANDREW GREELEY
Years ago, a U.S. attorney said to me: ''We can indict anybody on La Salle Street we want. Maybe it would be more difficult to get a conviction, but we still have the power to ruin him.'' Justice Robert H. Jackson, one of the Supreme Court's greats in the 20th century, warned of the power of the federal prosecutor when he said that the power is enormous and easily perverted. ''The prosecutor,'' Jackson said in 1940 when he was U.S. attorney general, ''has more power over life, liberty and reputation than any other person in America. That power must be shielded from politics and even from the Department of Justice.''
The federal prosecutor has at his disposal deep pockets of money, the support of the FBI and easy access to the media, especially when indicting someone. The accused often is assumed guilty on the day he is indicted -- especially if he doesn't have large financial resources.
Thus, U.S. Rep. Dan Rostenkowski was indicted by a federal attorney and had to face a jury not of his peers (who live in Illinois) but of citizens of the District of Columbia who might easily resent a pushy and powerful Chicago Pole. His funds ran out before the trial began and he had to accept a plea bargain. Fighting a U.S. attorney is like fighting City Hall -- any city hall.
Gov. George Ryan, who obviously is not a rich man, could not have defended himself if his legal counsel abandoned him when his money ran out. The law firm this time around was willing to pick up the tab.
James R. Thompson became famous when he indicted former Illinois Gov. Otto Kerner on what some of his lawyers later admitted was only a technical offense. He used that fame to become governor of Illinois. Convict a governor so you can run for governor yourself.
That's what you call a political trial.