The US Supreme Court’s treatment of convicted Enron CEO Jeffrey Skilling is an object lesson on the social interests upheld by the US judiciary and the class divisions that dominate every aspect of American life.
On Monday, the Supreme Court heard arguments in Skilling’s appeal of his 2006 conviction for fraud and conspiracy in connection with the December 2001 collapse of the energy giant Enron, then the seventh largest corporation in the country...
When this corporate criminal went before the high court, he found a sympathetic audience. Two of the nominal liberals, Stephen Breyer and Obama appointee Sonia Sotomayor, declared they were deeply concerned over the trial judge’s “truncated,” in Sotomayor’s words, handling of jury selection. They were echoed by the “swing” justice, Anthony Kennedy.
One of Skilling’s arguments for the overturning of his conviction and a new trial is the claim that he could not receive a fair trial in Houston and the trial judge failed to adequately vet the jurors for prejudice against Enron executives.
“I am worried about a fair trial in this instance,” said Justice Breyer...
Three justices from the right-wing bloc on the court, Chief Justice John Roberts and associate justices Samuel Alito and Antonin Scalia, homed in on the other issue raised by Skilling—the claim that a law used in his conspiracy conviction, the so-called “honest services” statute, is unconstitutional....
The chief question arising from the hearing appears to be not whether the court will rule in Skilling’s favor, but how sweeping its ruling will be. As the Los Angeles Times wrote on Tuesday, “The Supreme Court justices … strongly hinted Monday that they were likely to overturn
conviction, at least in part, because it rested on the notion that he cheated shareholders of his ‘honest services...’”
The contrast between the court’s solicitousness toward Skilling and its attitude to ordinary people caught up in the criminal justice system could not be starker. For working class and poor people accused of crimes, the system is a nightmare of indifference and arbitrariness, where genuine due process is a chimera...
http://www.wsws.org/articles/2010/mar2010/skil-m05.shtml