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View Diary: BP Wins Again; & Courts Are Willing Partners (19 comments)

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  •  Can you elaborate on what the judge (2+ / 0-)
    Recommended by:
    shanesnana, leu2500

    should have done? Her option was to accept the deal or reject it.

    If one wants to argue that the case was undercharged, that's quite a different issue and I might well agree, given access to all the facts. But it's an issue that does not implicate the judge as a "willing partner" (in the words of the diary) -- only the executive branch.

    •  Judges CAN exert pressure...simply by indicating (1+ / 0-)
      Recommended by:
      Villanova Rhodes

      an unwillingness to accept some of the terms...
      I think too often, they are pushed to accept what appears easy...to finish the case.

      •  OK. So you're arguing that Judge Vance (2+ / 0-)
        Recommended by:
        shanesnana, leu2500

        should have rejected the plea and substituted her judgment for the DOJ's about what the gov't could get. What should she have held out for? I assume you agree that she couldn't insist they settle for punishments beyond the statutory maximum for any count (do you?) so any change would have to be to the restitution ordered or some other non-fixed part of the agreement. If you were the judge, what would you have demanded as the price for approving the plea?

        Remember that the alternative -- going to trial -- carries the risk of acquittal on some or all charges, enormous expense, and potentially decades of appeals that could result in reversal or a gutted judgment as in Exxon. Weighing that against the current plea -- and a bunch of money going to the gulf states & others in 60 days -- and keeping in mind that there are multiple pending actions against the same pot of money, what's your recommendation? (I'm serious, not arguing.)

        Again, we are not talking about whether more or different charges should have been brought -- for purposes of assessing Judge Vance's action, that's irrelevant.

        •  My essential argument/position is: too often the (1+ / 0-)
          Recommended by:
          Villanova Rhodes

          the gov't pushes forth a deal; and too often judges don't push back.
          I may not have put enough onus on the gov't in my title and/or diary; but we have let BP off the hook---and have for too long.  

          And, I also recognize that more is yet to come---but I have little faith that in the end, BP will end up with much more than a bump in the road...

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