A change of gravity

But that record isn't mine to brag about. It belongs to Danny Hilliard. It's a good one, a wonderful record of accomplishment. Keep in mind that this is coming from the man Dan Hilliard's ex-wife hired to hammer him with everything he could lay his hands on, and we did that. But never once did we attack his fine record in office. No one who knows him ever has. The people who backed his campaigns invested their money wisely and well. Are they and he therefore now to be denounced for what they accomplished, and held up to scorn and disgrace ?"

Bissell snorted. Merrion glared at him. Cohen and the judge ignored both of them. "In the third place," Cohen said, 'and perhaps the one that should most concern this court, Dan Hilliard last stood for office in Nineteen-eighty' two We all know why he didn't seek a twelfth term; as I say, I represented his wife: revelations of his untidy personal life turned many of his constituents against him. It was a very messy and unpleasant time for everyone concerned, but that untidy private life, as scandalous as it may've been, was not against federal law.

"The US Attorney now proposes in effect to rewrite history, to impose a new and deeply cynical interpretation on the solid common cause Dan Hilliard made with his constituents, and the people who supported his campaigns. Mister Bissell and his bosses in their wisdom now decree that what we saw as a marvelous alliance bringing great and greatly needed benefits to the Pioneer Valley, we were deluded, just plain wrong. They say it was a corrupt bargain.

"The idea's preposterous on its face, but grant it, arguendo: Dan Hilliard last sought elective office well over ten years ago. The state Statute of Limitations is six years. The federal one is five.

Except for murder or treason, of course neither of which I've heard my learned friend here mention, at least as yet. So: why in the world is the federal watchdog prowling around out here with his Operation Rolling Blunder, snarling and snapping at Danny Hilliard, and the people who backed him for the office he filled so well?

"If it weren't so scary in terms of the damage he can do with it, you'd think Mister Bissell's mission was a new mega-death computer game for kids; thrills and chills and sound-effects, flashing lights and puffs of smoke, but in the real world, harmless. Too bad it isn't. This game's for much higher stakes; he's playing with real people's lives.

Is the US Attorney really spending all this money; wasting all this manpower; muddying spotless reputations helter-skelter; causing all this anguish when even if he could prove the acts were corrupt he couldn't prosecute them? Is that what this is, an exercise here? If it is, this's not law enforcement; this is abuse of authority, power run amok. If not, then what else is it?"

"Good question, Geoff," the judge said. "Ball's in your court now, Mister Bissell."

"Thank you, your Honor," he said. "Mister Cohen took umbrage at my description of this project before I finished outlining it. Of course we're quite aware that limitations have expired for prosecution of many if not most of the substantive offenses we believe to've been committed by Mister Hilliard and his co-conspirators chief among them Mister Merrion, which's why we've immunized him over the course of the years.

But I would point out to the court, and to Mister Cohen as well, that when we can prove that further acts, within the statute, have been committed in the course of that same, ongoing, conspiracy that underlay the earlier substantive acts; and that those more recent acts were also committed in furtherance of the purpose for which the conspiracy was formed; then by law we are permitted to claim relation back to the earlier offenses, and prove them, as part of the underlying, continuing scheme. Its fruition.

"In outline what we see here, your Honor, is a convoluted tripartite conspiracy, one branch still thriving, still returning excellent profits.

"The overall conspiracy," Bissell said, making an arch with his hands over the table, 'involved the campaign contributions. We see that one as the umbrella. It provided the shelter under which at least two more schemes could grow. The fund-raising, state-contract quid-pro-quo scheme's now functionally defunct; there's no further need for it. It's done the job Hilliard and Merrion designed it to do get Hilliard elected to office; gain access to and influence over the state contracting process; and in return get kickbacks disguised as campaign contributions. Dan Hilliard's retired; the contracts continue; those two set-ups, no longer needed, were allowed to atrophy.

"That's not the case with the other plot under the big umbrella. It survives and we can prove it.