Fifth Circuit raps the Enron Task Force’s knuckles again

This news just in — the Fifth Circuit Court of Appeals has denied the Enron Task Force’s petition for en banc review of a Fifth Circuit panel’s decision that struck down the wire fraud and conspiracy convictions of four Merrill Lynch executives involved in the controversial Enron-related Nigerian Barge case.

The Fifth Circuit’s now final decision in the Nigerian Barge case calls into question a number of convictions obtained by the Task Force during its reign of terror over the past five years, not the least of which is the conviction of former Enron CEO Jeff Skilling, who is scheduled to be sentenced on Monday.

Regardless of the impact of the Fifth Circuit’s decision in the Nigerian Barge appeal on the other Enron-related cases, here’s hoping that the Fifth Circuit’s decision of today puts a nail in the coffin of the Task Force’s case against the four Merrill Lynch executives, three of whom are subject to a retrial as a result of the Fifth Circuit panel’s decision (one Merrill defendant, William Fuhs, had his conviction reversed and is not subject to retrial).

The damage to justice and the rule of law that has resulted from the Task Force’s pursuit of this abomination of a case is bad enough. But the damage that has been done to the careers and families of these men alone calls for this sordid chapter in the criminalization of business in the post-Enron era to be closed.

A big hurdle to health care finance reform

medical finance.jpgDon Boudreaux, chairman of the economics department at George Mason University and the driver of Cafe Hayek, authored this Christian Science Monitor op-ed that addresses a fundamental problem with reforming the American health care finance system — the expectation of most Americans that health care is a basic human right and entitlement. Boudreaux explains the fallacy of that attitude:

But not everything that is highly desirable is a right. Most rights simply oblige us to respect one another’s freedoms; they do not oblige us to pay for others to exercise these freedoms. Respecting rights such as freedom of speech and of worship does not impose huge demands upon taxpayers.
Healthcare, although highly desirable, differs fundamentally from these rights. Because providing healthcare takes scarce resources, offering it free at the point of delivery would raise its cost and reduce its availability. [. . ]
Medicare, Medicaid, and tax-deductibility of employer-provided health insurance created a system in which patients at the point of delivery now pay only a small fraction of their medical bills out of pocket.
This situation leads to monstrously inefficient consumption of healthcare. Some people consume too much, while many others with more pressing needs do without.
Because the wasteful consumption caused by heavily subsidized access drives up healthcare costs, taxpayers must pay more and more to fund Medicare and Medicaid, while private insurers must continually raise premiums. The sad and perverse result is that increasing numbers of people go without health insurance.

Employer-based health insurance — which proliferated as a means to attract scarce labor during the wage and price controls of World War II — triggered the societal shift in attitude regarding payment of health care costs. Milton Friedman summed up the basic problem during an interview several years ago:

There are four ways in which you can spend money. You can spend your own money on yourself. When you do that, why then you really watch out what you’re doing, and you try to get the most for your money.
Then you can spend your own money on somebody else. For example, I buy a birthday present for someone. Well, then I’m not so careful about the content of the present, but I’m very careful about the cost.
Then, I can spend somebody else’s money on myself. And if I spend somebody else’s money on myself, then I’m sure going to have a good lunch!
Finally, I can spend somebody else’s money on somebody else. And if I spend somebody else’s money on somebody else, I’m not concerned about how much it is, and I’m not concerned about what I get. And that’s government. And that’s close to 40% of our national income.

Stunning ignorance

bush_clueless_350.jpgJeff Stein, the national security editor at Congressional Quarterly, reports on in this NY Times article some questions he has been asking folks in Washington recently:

For the past several months, Iíve been wrapping up lengthy interviews with Washington counterterrorism officials with a fundamental question: ìDo you know the difference between a Sunni and a Shiite?î [. . .]
. . . so far, most American officials Iíve interviewed donít have a clue. That includes not just intelligence and law enforcement officials, but also members of Congress who have important roles overseeing our spy agencies. How can they do their jobs without knowing the basics? [. . .]
Take Representative Terry Everett, a seven-term Alabama Republican who is vice chairman of the House intelligence subcommittee on technical and tactical intelligence.
ìDo you know the difference between a Sunni and a Shiite?î I asked him a few weeks ago.
Mr. Everett responded with a low chuckle. He thought for a moment: ìOneís in one location, anotherís in another location. No, to be honest with you, I donít know. I thought it was differences in their religion, different families or something.î

That’s the vice-chairman of a House intelligence subcommittee? And he doesn’t even make this top 10 list of the dumbest members of Congress.
God save us.
By the way, while on matters religious, don’t miss this NY Times article that reports on the hardships faced by Iraq’s dwindling Christian population.

HPD’s Friday Night Lights

walterslogo2.jpgSuffice it to say that the video below of the incident first noted here will not be linked to from the Houston Chamber of Commerce website.
What on earth was Officer Rodriguez thinking? The Chronicle has a follow-up article here, focusing on the effect that publicity over the incident may have on the live-music club scene in Houston. Houstoned has more, too.