Page 16/The Battalion/Wednesday, May 8, 1985
SHOE
by Jeff MacNelly u.S. attorney
questioned
on trade scam
Associated Press
i'J«fterson Communications, inc 1965
Distributed by Tobune Media Safvicas, ip^
Liberals: Reagan choosing
young conservative judges
WASHINGTON — A U.S. attor
ney who urged a federal judge to
keep his stockbroker friend out of
prison in connection with an insider
trading scheme was speaking for
himself and not for the government,
according to a Justice Department
official.
Associate Attorney General D.
Lowell Jensen said the federal gov
ernment has recommended prison
terms for both the stockbroker, Billy
Bob Harris of Dallas, and former
deputy defense secretary Paul
Thayer. Both men pleaded guilty to
charges arising from the trading
scheme.
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Associated Press
WASHINGTON — It’s a conser
vative dream and a liberal night
mare: the likelihood that President
Reagan will determine the ideologi
cal cast of the federal judiciary well
into the next century.
“By choosing judges sympathetic
to his views, Reagan can shape the
course of American law for the next
25 to 30 years,” says Herman
Schwartz, a professor of law at
American University.
In an article in the Nation mag
azine, Schwartz called that prospect
“grim times for individual rights and
social justice.”
But while it may be grim times for
liberals, conservatives see it as the
end of a long era of “judicial activ-
“Much of the revolution of the
past 30 years has been brought to us
by judges and lawyers,” complained
William French Smith when he was
attorney general. He said judges had
usurped powers that rightfully be
longed to legislators. Smith called it
“government byjudicial decree.”
For many conservatives, a change
in the federal judiciary — from the
Supreme Court down to the U.S.
District courts — could be the most
significant legacy of the Reagan pre
sidency.
There is a strong chance that dur
ing eight years in office, Reagan
could appoint more than half the
744 federal judges. Five of the nine
Supreme Court justices are at least
76 years old. The youngest member
of the high court is Justice Sandra
Day O’Connor, 55, Reagan’s one ap
pointment so far to the high court.
Other presidents have been sur
prised by the positions their nomi
nees took after they reached the
bench. One of the prominent such
cases was Earl Warren, whose judi
cial activism was never anticipated or
welcomed by President Dwight Ei
senhower.
Conservatives today are deter
mined to avoid such surprises.
They are intervening forcefully to
test the conservative credentials of
individuals Reagan has nominated
and also are monitoring the perfor
mance of judges after they take of
fice.
Perhaps, what bothers liberals the
most about the majority of Reagan
appointees is their age. The adminis
tration appears determined to ap-
C oint judges who will be on the
ench for a long time. One survey
found that 11.4 percent of the Rea
gan judicial appointees were under
40 years old.
U.S. Attorney James A. Rolfe of
the Northern District of Texas wrote
U.S. District Judge Charles R.
Richey on April 3 that he did not
think his gooa friend, Harris, should
be sent to prison for the crimes he
committed.
“To the extent that Mr. Rolfe
used stationery carrying the Seal of
the Department of Justice and de
scribed himself as a United States at
torney, the letter may create the un
fortunate impression that he was
speaking in his official capacity,”
Jensen said in a letter to Richey
Monday. “This is not the case.”
Campus memorial planned
for Kent State war protesters
Associated Press
the U.S. invasion of Cam-
KENT, Ohio — A former Kent
State University student paralyzed
by the National Guard gunfire that
killed four anti-war protesters 15
years ago praised plans for a campus
memorial Saturday, while U.S. Sen.
Howard Metzenbaum called dissent
ers “quite often the heroes.”
About 400 people turned out to
commemorate the 15th anniversary
of the shootings on a grassy hillside
that became a focus for the nation’s
bitter division over the war in South
east Asia.
On May 4, 1970, after a weekend
of demonstrations that saw a build
ing burned and other vandalism,
Ohio National Guardsmen opened
fire on Kent State students who were
protesting the L
bodia. Besides
killed, nine were wounded.
Dean Kahler, left paralyzed by a
bullet that day, rode his wheelchair
over the site of the shootings Satur-
old mem-
day and stirred up some
ories.
others directly affected by the shoot
ings, focused on any bitterness left
over from the incident.
Instead, they praised the universi
ty’s recent decision to design and
build a memorial at the site of the
shootings.
“You remember Richard Nixon
calling students names and you re
member Spiro Agnew making wild
accusations,” Kahler said.
“You xemember the speech by
(former Ohio Gov.) Jim Rhodes call
ing us all kinds of nasty names. So
it’s a real emotional situation,” he
said.
But neither Kahler, who is now an
Athens County commissioner, 1 nor
“I was very bitter,” said Elaine
Holstein of Glen Oaks, N.Y., the
mother of slain student Jeffrey
Miller. “It’s been nine years since
I’ve been on this campus, and I
didn’t ever think I’d set foot on it
again. I think what brought me back
was the word that there will finally
be a memorial.”
Metzenbaum, featured speaker at
the ceremony, also praised the deci
sion to build the memorial.
Jensen said Rolfe withdrew him
self and his office from prosecuting
the pair bn the charges of obstruc
tion of justice because of his close
friendship with them.
“His use, therefore, in his letter to
you of his title, his official stationery
and the Seal of the Department of
Justice was unauthorized and wholly
improper,” said Jensen.
Thayer, 65, and Harris, 45, face
maximum five-year prison termS|
and fines of $5,000 after pleading
guilty on March 4 to obstruction of
justice and giving false testimony.
The charges stemmed from a Secu
rities and Exchange Commission in
vestigation of a scheme that netted at
least eight associates $2 million in il
legal stock profits.
In a memorandum to Richey, U.S.
Attorney Joseph E. diGenova of the
District of Columbia has recom
mended that the two men be impris
oned for crimes he said were moti
vated by “greed and arrogance.”
He said it would be unjust to allow
Thayer and Harris, whom he de
scribed as “wealthy, privileged and
powerful,” to escape prison.
Attorneys for Thayer and Harris
urged Richey last Friday to place the
pair on probation and require them
to perform community service. The
sentencing memoranda were accom
panied by an extraordinary collec
tion of letters urging leniency.
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