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Innocent Until Investigated or Innocent Until Charged

Head of Rove Inquiry in Hot Seat Himself – WSJ.com

Today’s Wall Street Journal carried a story about Scott Bloch, head of the Office of Special Counsel who is investigating Karl Rove’s actions, and who is now being investigated himself at the behest of (surprise–not) the White House. In addition to pointing out the somewhat obvious conflict of interest (gosh–ya think?), there was a particular line that caught my eye:

Mr. Bloch believes the White House may have a conflict of interest in pressing the inquiry into his conduct while his office investigates the White House political operation. Concerned about possible damage to his reputation, he cites a Washington saying, “You’re innocent until investigated.”

The bell that rang was remembering my first lawyer (whom I subsequently fired) telling me that the way to play the game with Vermont’s Secretary of State’s office was to avoid being charged. “Once they file charges against you, they will convict you.” I think I probably shrieked my incredulity at him, and he elaborated by telling me that the culture of professional boards was such that they would be embarrassed not to return a conviction in a case in which charges were filed. (“Good heavens, I have to convict this soul no matter what or I’ll never be able to face the country club crowd again for the sheer embarrassment!”)

In Mr. Bloch’s case, his worry is being found guilty in the court of public opinion, which won’t necessarily impact his circumstances materially. In the case of Vermont’s Secretary of State (SoS), in which livelihoods are at stake, it’s odious, to put it mildly, to think that charged=guilty.

A good little research project, if the statistics are out there: compare conviction rates in administrative cases such as those at SoS with conviction rates in tort and criminal cases.

Peace.

Deborah Alicen

June/25/08 Update:

Latest reports that I’ve seen cite a lot of specific bad behavior by Bloch.  Time will tell on this one, if anything does—and the effects of assumption of another’s guilt based on such circumstances as in the story above aren’t changed whatever the truth of this particular case may be.

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