To the CEO of Gibson Guitar: It's Not Just a War Against Capitalism

On July 19, there appeared in the Wall Street Journal an interesting Op-Ed by Henry Juszkiewicz, the CEO of Gibson Guitar, claiming that a raid on his company’s facilities by federal agents is representative of a greater “war against capitalism.” Yet as my co-author Zachary Bloom and I argue in our latest piece for my Forbes.com blog, “Injustice Department,” Juszkiewicz’s Op-Ed suffers for being too narrow and self-focused. In reality, the raid on Gibson’s facilities is less representative of a war on capitalism than of a war on all of civil society, being waged by an out-of-control U.S. Department of Justice wielding vague laws passed by a Congress that clearly does not understand the consequences of its legislative actions, and regulations enacted by administrative agencies drunk with their own powers.

The article after the jump...


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Ukraine Is More Western Than You Think: The Trial of Yulia Tymoshenko

On October 11th, Yulia Tymoshenko, the former Prime Minister and would be President of Ukraine, was sentenced to 7 years in prison. Politicians, analysts, and reporters from Moscow, Russia, to Moscow, Missouri, have condemned her trial as an unjust farce. New York Times reporter Ellen Barry summed up many “western” views of the trial when she wrote that it would “lead Ukraine west, toward Europe, or into a tight symbiosis with the country’s Soviet-era masters in Moscow.” The consensus, of course, was that the guilty verdict has done the latter.

In our piece, Daniel R. Schwartz and I take a different view and argue that, while perhaps isolating the Ukraine politically, the trial itself demonstrates some striking similarities between our legal system and Ukraine’s. To convict Tymoshenko, politically-minded prosecutors cleverly utilized vague parts of the Ukrainian code of laws that were never designed to police her alleged behavior. As regular readers of my columns already know, the utilization of vague laws to convict the innocent is as American as apple pie (or, as it were, as Ukrainian as a nice bowl of Borsch).  


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Updates related to Harvey's
book Three Felonies a Day, a critical
take on the Justice Department

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