Carl Orff and Betrayal

We learn this week that Carl Orff the composer of the famed Carmina Burana was a man who betrayed a friend. One could say he really did not betray is friend, merely did not come to his aid. The friend, Kurt Huber was a found of the Munich unit of an anti-Nazi resistance group during he war called "The White Rose." Kurt Huber was arrested by the Gestapo. His wife asked Orff to intervene. He refused choosing to protect himself. Huber was later hung by the Gestapo.

After the war, in order to establish himself as a candidate for de-nazification, Orff told a United States intelligence officer, a man named "Jenkins that he had co-founded Die Weisse Rose with his friend, Kurt Huber." Richard Morrison, Carl Orff, the composer who lived a monstrous lie, The Times on Line, December 19, 2008

Judge Biggers: A View Up To the bench.

Judge Biggers does not seem to comport himself while acting from the bench with any sort of true detachment, objectivity, impartiality, understanding or compassion.

He seems to have taken the Scruggs matter personally. He seems intent on doing harm rather than doing justice.

Reading the transcript of the Dick Scruggs sentencing hearing one gets the impression Judge Biggers seems to think Scruggs offended him (and his friend Judge Lackey?) and for such offense of Judge Biggers he should be punished.

Federal judges should speak for the court, not themselves. Adherence to the fact that a federal judge is speaking for the court would have, should have, a moderating influence on the judge who happens to be on that particular bench at that particular time. More importantly the public impression and understanding of the court then is directed to the court itself, not some person who was fortunate enough to be appointed to the court by reason of the political process.

One senses there is a great deal more to the story of Dick Scruggs and the trouble he finds himself in. It looks as though the trouble and concern for the system of justice may extend deeper into the judiciary and legal system in Mississippi and indeed America.

Judicial Corruption in Mississippi?

When you think about it, it is hard to believe a lawyer with the savy of Dick Scruggs would have believed earwigging in Mississippi was "that wrong", that uncommon, or that a sitting state judge and the federal government would use the practice to lead a broken down, out of control lawyer, Tim Balducci, into a bribery sting.

It must have been common knowledge to the lawyers involved, as well as the judge, that earwigging was a common practice. And, that even though a violation of court rule and Rules of Professional Conduct, it was commonly engaged in. Witness Judge Lackey's agreement to enter an order ex parte on behalf of the attorney for the plaintiffs in the Jones Case to seal the file leaving it to be opened at the behest of the attorney who sought the sealing order.

Thus, I think the federal focus now must be to expand the the corruption investigation into the real problem in Mississippi -- corrupt judges and a climate of pervasive political use of the judicial system.

Suffice it to say, I doubt Dick Scruggs would be in the life changing position he is in today were it not for deep problems of judicial corruption in Mississippi.

Tournament by Shelby Foote

Reading Tournament by Shelby Foote gives one an understanding of the culture of Mississippi especially the culture and character of those in power. A masculine culture -- hunting, card playing, winning at being planters, winning and being involved in winning.

Judical Entrapment Violates the Rule of Law

Use of judge in an entrapment violates the fundamental principle upon which the judicial process is founded -- the rule of law, or rule by law. The rule of law is the opposite of the rule of power or judgment of power. The foundation of the rule of law is that the "end does not justify the means." Justice cannot be acheived if its basis is injustice, law breaking. When a judge becomes a government agent in an entrapment, the judiciary becomes an agent in breaking the law so as to punish one caught in the trap of the entrapment. See Wikiscruggs.