Conrad Black gets a peek inside the American criminal justice system and does not like what he sees

Writing for New York Sun, Conrad Black has this remarkable op-ed entitled “My Faith in American Justice.” Here are snippets:

It is a terrible thing to be falsely accused, and wrongly convicted, even of a fraction of the original charges, and unjustly incarcerated. For persisting in seeking the recognition of my innocence of these charges, I have been portrayed as defiant, or at least in denial. I defy and deny unjust charges, not the practical difficulties I have faced for the last four years and am facing now.

I would qualify in political terms as a reasonable member of the law-and-order section of the public. And as a conscientious and religious matter, I believe in the confession and repentance of misconduct, as well as in the punishment of crimes. If I had committed any of the offenses charged, I would have pleaded guilty and asked for a sentence that would enable me to atone for my crime and assuage my guilt and shame….

There was no evidence to support two of the remaining convictions, and the only evidence, from the chief cooperating witness, was exculpatory.  For the third count, the evidence was an uncorroborated allegation of a non-incriminating telephone conversation, which did not, in fact, take place….

Some of the jurors, in post-trial comments, by e-mail and on television, where there can be no question of a journalist misunderstanding what was said, confirmed that there remained a reasonable doubt, but that a compromise was reached on acquittals and convictions, contrary to the judge’s instruction. One of the jurors stated that it should have been a civil case….

This is the criminalization of what was and remains a civil factional corporate dispute.  My faith in the United States has inspired me to persevere, despite what I believe has been the prosecution’s insufficient respect for the Fifth, Sixth, and Eighth Amendment guarantees of due process, of the grand jury as an assurance against capricious prosecution, of no seizure of assets without just compensation, of speedy justice, access to counsel, and reasonable bail.

I have been besieged by various agencies of the U.S. government for over four years, and I know of only one higher bond in U.S. history than the $38 million I have been posting. 

Thoreau wrote: “Under a government which imprisons unjustly, the true place for a just man is also in prison.”  These charges and the actions leading up to them have been unjust. Most of them have already been found to be unjust. I cherish my liberty as all people do, but I am unafraid.  I have faith in American justice.

I admire Lord Black for retaining faith in the American justice system despite his travails and his apparent belief in his innocence.  Candidly, I think his faith is badly misplaced.  I would be quite surprised if a Seventh Circuit panel ends up reversing his convictions.  And, even if it does, I would expect the Justice Department to seek en banc and/or cert review of any reversal. 

Moreover, a reversal most likely could just result a new trial, not an exoneration.  And, perhaps most critically, since Lord Black must report to federal prison today, he may end up serving most of his sentence before any of these legal particulars ever get resolved.