Gibson Is Off the Feds' Hook. Who's Next?

On July 30, I wrote a piece on my “Injustice Department” blog on Forbes.com discussing the narrow-mindedness of the Gibson Guitar Company CEO’s claim in a Wall Street Journal op-ed that the United States Justice Department is waging a war against capitalism. It is a war, I suggested, against many sectors of civil society.

Since that piece went up, Gibson Guitar has entered into a deal with the DOJ in which it sort-of admits guilt to alleged violations of the Lacey Act, pays a whopping fine, and will emerge without a criminal conviction in the end. Gibson took this step even though the company and its CEO earlier had publicly proclaimed their innocence. My latest piece, published in today’s Wall Street Journal, explains how corrupt plea-bargaining practices at the Department of Justice, as opposed to actual guilt, likely led to Gibson’s guilty plea and, most disturbingly, to its agreement to stick to a negotiated script with regard to the question of guilt versus innocence. As is increasingly true at the Department of Justice – via a process that has been gaining momentum since at least the mid-1980s – there is no longer a principled and discernible line between truth and falsehood.


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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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