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                  Fred Schnaubelt
 
 
A September 4th, 2003 commentary regarding

    
                           Three Councilmen vs. King Kong
                                             
                  

               
 
 
          
          Since I'm asked daily, to my A List, this is my impression about the city councilmen's dilemma.

 Either three councilmen are going to lose their jobs, or U.S. Attorney Carol Lam is going to lose hers, and well she should if she's wrong.

Michael Zucchet says he in the fight of his life. This fight is akin to King Kong in one corner, 32 feet tall, weighing in at 6,000 pounds and in the other corner, Peewee Herman.

King Kong is backed by Ft. Knox, aka The United States Treasury and the three councilmen backed by 200 well-wishers and True Believers.

The U.S. Government has already spent millions of dollars on this investigation and if it takes $1,000,000 more, or $10,000,000 more, whatever it takes, it will be spent to bring in convictions. Too many careers are on the line.

Guided by previous high-profile cases, the government most likely will run up the costs of defense till the defendants cry uncle.  Guilt or innocence no longer determines anything. 

Reason Magazine's cover story on Martha Stewart this week states, "Stewart's crime is claiming to be innocent of a crime with which she was never charged."  If the government can bring down a billionaire what are the chances of three councilmen?

All three have been so effective in the media in maintaining their innocence because they are young, extremely likeable, and honestly believe because they have put no money into their own pockets that they have done no wrong.  Such naiveté has brought down many a person. My heart is with Zucchet, Lewis, and Inzunza but my head tells me they don't have a snowball's chance in hell of prevailing against the United States of America.

Usually the government pursues its targets until they, their families, and friends run out of money - until they are both broke and broken, and then they settle.  Most likely the Feds will settle for resignations, and prohibitions against holding future public office.  To demand jail time the prosecutor must convince a jury that these neophytes knew full well what they were doing, and absent evidence showing money converted to personal use, this may be impossible for the prosecution.  So just how much will the prosecution risk in demanding jail time?  To a jury (most of us) they certainly don't look or act like what you'd expect of politicians on the take.

The paradox is that in politics perception is reality and today's political climate is the worse possible for the three councilmen, what with the recall and all, and the perception that all politicians are guilty no matter the charge.  The risk cut both ways.  The irony is that many a person comes before the city council and is also automatically deemed guilty for the sins of  others as the council passes more and more laws, willy-nilly, on all matter of things.

The whole thing makes you want to cry. 

Fred
Fred Schnaubelt
Former Councilman

                                  For background information regarding the indictments, click here.

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