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It has taken four years for the trials of Jeff Skilling and Ken Lay to finally get started in federal court in HOuston. Today, there was a surprise delay as their co-defent, Enron's chief accountant, Causey suddenly made a deal with the prosecution, agreeing to plea guilty to one charge in exchange for testifying against the other two. This may be a problem for Lay and Skilling, since Causey and his attorney worked side by side with the other two teams creating a joint defense in which Causey was to have explained the complicated bookkeeping involed at Enron.
In the months leading up to the trial, Ken Lay has been vocal in his accusations about prosecutorial misconduct. He has cited emails in which federal attorneys have threatened potential defense witnesses. He has professed his innocence loudly, the very opposite of the usual defendent, who usually keeps his mouth shut under the advise of his attorney. Ken Lay is acting like someone who believes that he will eventually be acquitted and so he is starting his character reformation Public Relations NOW, so that he can get an early start on his next business venture.
Why would Ken Lay believe that he is immune from prosecution? For one thing, Ken Lay knows exactlty how much W.. Cheney, Rove and Thomas White know about the price gouging of California. He also knows how far in advance they planned the invasion of Afghanistan after that country rebuffed US efforts to win a natural gas pipeline there for Enron. He also knows about Bush family oil for food deals with Sadaam. All this knowledge makes Ken Lay a very dangerous person for the Bush administration.
One option would be a last minute pardon, similar to those which Bush Sr. handed out to Iran Contra figures. However, that would leave Lay with the stigma of having been found guilty, and it would taint Bush by association. A much better option for the Bush administration would be a convition in the Houston federal court followed by an acquital on appeal and a decision not to retry the case. This outcome could be blamed on over zealous federal prosecutors or liberal judges. Ken Lay would be a free man. He would keep his secrets and in a few years, he would start over. Bush would not appear to have been involved.
I wish we were going to have the kind of play by play coverage of this trial that we had for the OJ trial, with TV lawyers analyzing every move made by the prosecution and defense.
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