Black is Back
For the first time in this case, the sun is breaking through for Conrad Black. After receiving bail, there’s a good chance he’s finished with prison.
It’s probably too early to say what getting bail means for former media tycoon Conrad Black, but it’s a startling decision by the 7th Circuit Appeals Court that few expected.
And for the first time in this case, the sun is breaking through for Conrad; there’s a good chance that he’s finished with prison—that after 28 months in the Federal Correctional Complex (FCC) at Coleman, Fla., he may have seen the last of his 6½ year sentence.
While those who tend towards a pessimistic view of the world are rarely disappointed, this is one of those rare occasions when all signs are positive.
When the U.S. Supreme Court unanimously ruled on Conrad Black’s behalf and sent the case back to the appeals court to reconsider his three “honest services” convictions (which the Supremes ruled apply only to bribery and kickbacks, which don’t apply to Conrad), there was no guarantee how the appeals court would react.
They could order a new trial (still can), or let Conrad sweat it out.
By granting him bail – terms to be set by Judge Amy St. Eve who sentenced him in 2007 – I would argue that the appeals court is in the process of washing its hands of Conrad Black.
In 2007, some 17 charges leveled against him were nibbled away to 13, and of these 13 he was found “not guilty” on nine of the most serious charges. Now three of his four fraud convictions have been tossed out – leaving only guilt for “obstruction.”
But if he’s now cleared of all the fraud charges, and has committed no crime, what has he “obstructed?” By granting him bail, it would seem the appeals court thinks the whole case has been a waste of time and that Judge Amy - if it is her decision - will rule that “time served” will be sufficient for his obstruction conviction.
I hasten to say this is just me – lawyers may have a different view, but considering that the three appeals court judges who rejected Conrad’s appeal now have granted bail, indicates that they don’t view the “honest services” aspects a “harmless error,” but a critical error and there’s no any reason for him to remain in prison.
As for a new trial – that’s a nightmare no one wants. Black’s ex-partner David Radler, who testified against him, is now out and back running newspapers after serving 10 months of a 29-month sentence. Black’s co-defendants are already on the outside. Forget the ghastly costs, there’s just no reason to have a new trial.
A big question in Conrad’s bail is whether he’ll have to stay in the U.S., or can return to Canada, or Britain (whose passport he holds)? Judging by her past performances, Judge Amy seems likely to rule that Conrad cannot leave the U.S.
Then again, so many unusual things have happened in this case that there’s no predicting what is likely. One thing that seems certain is that a lot of people who had nasty things to say about Conrad Black when he was down and seemingly out, are now uneasy about libel suits that may be brought by Black – especially those who drove Hollinger into bankruptcy on the pretext of saving it.
He may not agree, but one thing 28 months in prison has done is give Conrad Black a perspective on life he previously didn’t have, and made him a better person than he was – even a more sympathetic figure than he ever imagined, or sought.
Certainly a lot of fellow-inmates benefited from his teaching, his lectures, his humanity and generosity. He may not miss them, but a lot of them will miss him.