Bob Bell wrote:
> On Thu, Jun 08, 2000 at 06:34:03PM -0400, Jeffry Smith
><[EMAIL PROTECTED]> wrote:
>
> > Now, they could go for dropping prosecution. However, note that the
> > IBM & AT&T trials lasted for over 10 years each, through multiple
> > administrations. It's hard to ignore a conviction.
>
> That's been my understanding: that the President could tell the
> DOJ to back off. I don't know if such a command has to be followed,
> although the President can consider that when appointing an
> Attorney-General.
Remember Archie Cox and the "Saturday Night Massacre"?
Basically I think the command has to be followed, just as any management
directive must be followed. Insubordination can (and should) get your ass
fired! Even for civil servants. Of course due process must be followed,
and political realities will come into play, vis the aftermath of the aforementioned
Saturday Night Massacre.
btw, a fast-track appeal to the Supreme Court would be done before the
new administration comes into power, whoever it might be. A cynical
idea occurs that it might be desired by some to have just that happen,
then they can enjoy the result without compromising their expressed
philosophy while blaming it all on Clinton.
> Since MS has been found guilty already, does dropping the case
> really work? I suppose that the DOJ could just give in on appeal, and
> MS would win the appeal?
Yep, I think that would work. Or negotiate a settlement (a/k/a capitulate).
Remember DoJ is plaintiff.
> > Final aspect is that there are state attorneys general also suing. Sure,
> > MS buys off DoJ. Now there's these guys. Oh, by the way. They've
> > been found guilty. This opens it to private lawsuits.
>
> The state attorneys are definitely something to still consider,
> though I question whether they will all stick together if the feds
> back out.
Uncertain, but at this point it wouldn't take much commitment to keep
driving the process. Interesting, there's a strange "new federalism" with
the state AGs banding together to go after big corporate interests.
Look at tobacco, guns, and now this.
This one is least obvious in the benefits at the state level, which to me
just proves that Microsoft has screwed too many people too much too
often for it to be tolerated by society at large. Opinion of the man in
the street may just be starting to turn, but the business and government
community in general I think has seen through the veil a long time ago.
Biggest question has not been whether Microsoft is guilty, but what
punishment (if any) would be appropriate. That's why I expect a
quick appeal process and a confirmation of the remedy ordered, and
partisan politics will prove irrelevent.
Just MHO.
--Bruce McCulley
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