Shit

Slow news week, I guess ...

The groaning, creaking wheels of justice

Back in January 2008 I posted this update on the dubious conviction of Enron's Jeff Skilling, in which I suggested his slim chance of getting his conviction reversed may have increased with the then-recent emergence of evidence of misconduct by the so-called Enron Task Force of prosecutors.

Things are looking up for Skilling. The Supreme Court has just taken his appeal, which is based on community bias, and, more important, his claim that the "honest services fraud" theory on which he was convicted was unconstitutionally vague. Back in Houston, his motion for a new trial based on prosecutorial misconduct is still pending, and there is some evidence that the current prosecutors down in Houston are facing the same problem faced by their DC colleagues regarding the aborted Ted Stevens prosecution: to what lengths should they go to cover up misconduct by their predecessors?

The abuse of the honest services fraud statute has gone largely unnoticed by those outside the world of white collar crime, but, as summed up nicely by Houston's Clear Thinkers, it deserves more attention:

Honest services wire-fraud under Section 1346 was intended by Congress to penalize corporate executives and governmental officials for accepting bribes and kickbacks and for engaging in self-dealing at the expense of the employer-- i.e., the private gain requirement of the crime.

The Task Force faced a big problem with prosecuting Skilling at all because he never stole a dime from Enron (that is, no private gain). In fact, the Task Force conceded at trial that, not only did Skilling not embezzle any money from Enron, the case against him was not about “greed,” that Skilling always sought to pursue Enron’s “best interests,” and that every act for which he was being prosecuted was undertaken for the purpose of protecting Enron and promoting its share price.

Despite the foregoing, the Task Force persuaded U.S. District Judge Sim Lake to allow the prosecution to proceed against Skilling on a much broader honest services theory -- that is, that Skilling simply took on too much risk for the long-term good of Enron and improperly touted the company to the markets.

You will be pleased to hear that I will let you all know if his conviction is overturned.

Another Bastard Birthday

(Above, Andrew at work)

Today is Andrew's birthday. Wish him well or he will make a motion that you are in contempt of Bastardry.

U2 stage

Happy Birthday, John

The Morning Light

This is not bad, Feels Thoroughly Peppy to me.

I don't know when I've been more ready for a weekend. Enjoy yours.

Where's Dildo?

Here's someone we all know enjoying Toxic Airborne Event at ACL.

When I was a boy, blowing up the moon was just a beautiful dream!

Sound familiar?

Finally, A PSA Teens Will Listen To

Weren't you a smoker, Joe?

Even The Beatles ...

Okay, what are your top five least favorite Beatles songs? You too, Stephen ...

First Week of November: Becker Bliss

Tuesday, Nov. 3: Leonard Cohen
Thursday, Nov. 5: Matthew Sweet and Susanna Hoffs
Friday, Nov. 6: John Wesley Harding

Bought the Cohen tix awhile ago, and the other two shows are just twenty bucks a piece. Happy, happy, happy.

The Art Of Rusty Shackles

As you guys know, I'm a sucker for Photoshopped books or comics. Here are two that made me laugh from Rusty Shackles site.

Well, That Was Cool

ACL was a blast. I got to see Arctic Monkeys (above), Airborne Toxic Event, Flogging Molly, Rodriguez, and Trail of Dead from either right on the stage or from a platform a few feet above it. Also got to chat with the guy from Bon Iver and Erika from Heartless Bastards (she's a cutie). Friday night, I stood about 25 feet behind Dave Grohl during the 'Crooked Vultures' set. Also saw Felice Bros, B-52s, Deer Tick, White Lies, Michael Franti, Henry Clay People, Kings of Leon (with an Eddie Vedder cameo), Jack White's new band (Dead Weather, maybe) and Pearl Jam. All of this AND free beer.

Are you kidding me?

According to today's Daily Telegraph:

[Polanski] pleaded guilty to the lesser charge of unlawful sexual intercourse. In exchange, the judge agreed to drop the remaining charges and sentence him to prison for a 90-day psychiatric evaluation.

However, he was released after 42 days by an evaluator who deemed him mentally sound and unlikely to offend again.

The judge responded by saying he was going to send Polanski back to jail for the remainder of the 90 days and that afterward he would ask Polanski to agree to a "voluntary deportation". Polanski then fled the country in 1978 on the day he was scheduled to be sentenced to the additional time.

So this was all over an extra 48 days in jail?

We came, we saw, we kicked his ass

I guess this is what passes as creativity these days. Quite enjoyable, for that.

Steve Albini Runs It Down For You

Here's a fascinating article about some of the particularly evil obstacles an up-and-coming band can expect, written by Mr. Albini. The article originally appeared in Maximum Rock 'N' Roll back in the nineties, so some of the numbers may be off now. But it's still just as depressing.

I actually read this back in the day, and suddenly didn't care whether we made it or not. Check it out here.

Beatles for Sale

One of the most often overlooked gems in the Beatles catalog is this stunner from 1964. Following up after A Hard Day's Night, the Beatles were exhausted and it shows in the cover photo. After the 14 originals of the former album, the Beatles reverted to their old formula of 8 originals and 6 covers for this one. The album is also very Lennon-centric. The Dylan influence is starting to show, especially with 'I'm a Loser'. Forget the Propaganda, enjoy Beatles for Sale and A Hard Day's Night.

Indie Night in Raleigh!

Caroline and I are off to see an obscure Irish rock band at Carter Finley Stadium tonight. I heard they're good. Someone said Sonny Bono is in the band. I thought he was dead.

Austin City Limits Music Festival

I managed to score some free passes to the festival, so I cashed in a Freq. Flyer ticket and am on my way in the morning. If all goes as planned, I should be shit-faced and screaming at guitar players by sundown. Wish me luck!

Movie Posters For Minimalists

Give it a second ...

More here, but this is the best one.