Please don’t look at these pictures!

Here at joelontheroad.com, we believe wholeheartedly in recycling. To prove it, we’re re-running the September 22, 2008 JOTR story about my run-in with one of Matty Moroun’s shotgun-totin’ goons.

By Joel Thurtell

Matty Moroun doesn’t want you to see these photos.

In his eyes, they’re contraband. Maybe he’d like them to be seized by the Border Patrol.

Matty Moroun did not want me to take this photo from a public park in Detroit. The Ambassador Bridge, owned by billionaire Moroun, connects Detroit in the U.S. to Windsor in Canada. Joel Thurtell photo.

Matty Moroun did not want me to take this photo from a public park in Detroit. The Ambassador Bridge, owned by billionaire Moroun, connects Detroit in the U.S. to Windsor in Canada. Joel Thurtell photo.

The billionaire owner of the Ambassador Bridge has grabbed parts of two City of Detroit Parks and — maybe to cover up his takeover — he’s banned photography from what remains of the publicly-owned park. He claims authority under Homeland Security, but city officials tell me the feds say he’s acting on his own.

I found out about this by accident on Monday, September 22, 2008, while exploring one of the parks.

I almost fell into Matty’s clutches.

One of his gunslingers tried to arrest me for taking photos in the city’s Riverside Extension Park.

Luckily, I made good my escape.

But it’s clear I’d better be careful next time I explore a public park the bridge magnate wants for his own.

Is this kind of harassment by a hireling commonplace? Maybe it explains why nobody was using the park. I have since learned that Moroun’s henchmen had ejected a city parks worker from this same park. Isn’t that outrageous?

 

 

Matty Moroun doesn't want you to see this photo of his Ambassador Bridge taken with the ball field fence in foreground at Detroit's public Riverside Park Extension. Joel Thurtell photo.

Matty Moroun doesn't want you to see this photo of his Ambassador Bridge taken with the ball field fence in foreground at Detroit's public Riverside Park Extension. Joel Thurtell photo.

Actually, Moroun is treating the parks — Riverside Park on the Detroit River and its extension at 23rd Street near Fort — as his own property. Why, he lets his guards drive across the lawn and push law-abiding citizens around! I saw it. It happened to me.

 

What he is, fundamentally, is a squatter.

A freeloader.

A rich mooch.

I couldn’t believe what happened to me as I peacefully snapped photos at Riverside Extension. For the second time in less than a week, a security guard threatened to sic the feds on me.

First time it happened was Friday, September 19 on the Rouge River as I putt-putted in my motorboat up the freighter docking bay at SeverStal steel mill. A security guard huffed and puffed that I was boating in a “Marine Security Area” and had to get out pronto. He said he was going to take my boat number and report me to the Coast Guard. I reported on this incident in an earlier column, but since have talked to the Coast Guard and learned there are no boating restrictions on the Rouge River. The guard was full of crap. Nor did the SeverStal hired gun ever turn me in. He was REALLY full of crap.

Billionaire Matty Moroun doesn't want you looking at this photo of his Ambassaador Bridge taken from the City of Detroit's PUBLIC Riverside Park Extension. Joel Thurtell Photo.

Billionaire Matty Moroun doesn't want you looking at this photo of his Ambassaador Bridge taken from the City of Detroit's PUBLIC Riverside Park Extension. Joel Thurtell Photo.

 

 

Then on Monday, September 22, I learned about Matty Moroun’s effort to privatize the two City of Detroit parks near his Ambassador Bridge. Rich as Croesus Matty, I’m told, has fenced off a public boat ramp to the Detroit River at Riverside Park off West Grand Boulevard, citing “homeland security” and the need to protect his bridge from…

From what? Kamikaze boats out of Windsor?

It’s a brazen ripoff of public land.

I’m also told the city of Detroit is considering suing to make him open the ramp and get off park land. City lawyers are worried that by gradually cramping usage of the park, people will stop coming. Then he can show it’s not being used and offer a low-ball price.

It burns me up to hear of private people — usually rich jerks like Matty Moroun — commandeering public boat ramps. I decided to have a look. Problem was, I didn’t know exactly where Riverside Park is. I wound up in the city park called Riverside Park Extension. It’s a big grassy lot with a ball diamond, a porta-john and a couple of trash barrels. Nobody was using it on that bright afternoon. Soon, I would learn why.

I noticed a chain-link fence on what I took for the park’s perimeter. Clamped to the fence are signs that say, “WARNING DUE TO HOMELAND SECURITY NO TRESPASSING VIOLATORS WILL BE PROSECUTED.”

 

Matty Moroun does not want you to see this photo of construction material sitting on city-owned park land he's seized. This chain-link fence with warning sign is actually sitting on part of Riverside Park Extension, a public piece of property. Joel Thurtell photo.

Matty Moroun does not want you to see this photo of construction material sitting on city-owned park land he's seized. This chain-link fence with warning sign is actually sitting on part of Riverside Park Extension, a public piece of property. Joel Thurtell photo.

Beyond the signs and behind the fence are heaps of gravel or sand. Later, I learned that the fenced-in area with gravel and threatening signs is actually part of the park. Matty has taken it over. The signs are not from the Department of Homeland Security. He had them made. So Matty’s threatening to prosecute people for “trespassing” in a public park!

 

I walked along what I took, as I say, to be the park’s border, snapping photos here and there. At the east end, I snapped photos of the WARNING signs and the bridge. All the while, I was trying to figure out how to get to the main park. I could see parts of a green lawn and what looked like a pavilion across a set of railroad tracks.

Suddenly, I was aware of company. A guy in a big white pickup truck tore across the park lawn, leaving deep tracks in the grass. I snapped a photo of this guy and the truck as he stopped on the grass beside me.

He was a muscular guy with tattoos on both arms. He had a shaved head and a gray goatee. On the passenger seat beside him, leaning against the seat back, was a shotgun.

“You can’t take pictures of the bridge structure from here,” he said. “Homeland Security. You can only take pictures back where you’re parked.”

“This is a public park,” I said. “You can’t stop me from taking pictures in a city park.”

“You can’t take pictures here. Go back to the parking area.”

 

"Doug" is the name a security guard gave as he tried to stop me from taking pictures in the City of Detroit-owned Riverside Playfield park. He tried to arrest me and hold me for questioning by the Border Patrol. Joel Thurtell photo.

"Doug" is the name a security guard gave as he tried to stop me from taking pictures in the City of Detroit-owned Riverside Playfield park. He tried to arrest me and hold me for questioning by the Border Patrol. Joel Thurtell photo."Who do you work for? Let me see your ID," I said.

 

 

I snapped his picture.

 

He pointed to a decal on the side of the truck: L.S.S. SECURITY (800) 542-3821.

I snapped a picture of the decal.

This security company logo on the side of a pickup was all the identification the security guard gave me when he tried to stop me taking photos in a public park and tried to hold me for questioning by the Border Patrol. Joel Thurtell photo.

This security company logo on the side of a pickup was all the identification the security guard gave me when he tried to stop me taking photos in a public park and tried to hold me for questioning by the Border Patrol. Joel Thurtell photo.

 

 

“What’s your name?” I said.

“Doug.”

“Your last name.”

He pointed to the side of the truck again.

“You need to get out of here,” he said.

“No,” I said.

“Okay, you can talk to the Border Patrol.” He picked up a hand-held radio and talked to someone, saying into it, “I’ve got a guy hassling me here with some cameras. I’ll hold him here till you come.”

Doug No Last Name put the radio down and told me, “Wait here. The Border Patrol is coming. You can talk to them.”

“No,” I said. “I think I’ll leave.”

“No! You’re staying here!”

Ambassador Bridge seen from Riverside Park Extension city-owned park. In foreground are building materials stored on what city claims is park land appropriated by bridge owner Matty Moroun. City reportedly is challenging Matty. Matty's minion tried to arrest me in park for taking photos. Joel Thurtell photo.

Ambassador Bridge seen from Riverside Park Extension city-owned park. In foreground are building materials stored on what city claims is park land appropriated by bridge owner Matty Moroun. City reportedly is challenging Matty. Matty's minion tried to arrest me in park for taking photos. Joel Thurtell photo.

 

 

“I don’t think so,” I said. “You’re a private security guard and you don’t any authority over me. This is city property.”

I started walking across the grass.

Shotgun Doug backed his pickup and turned around, making a new set of tracks in the lawn. He beat me to the parking area and parked his pickup directly behind my little blue Civic, blocking me from behind.

When I got to my car, Doug The Enforcer told me, “Stay right here. The Border Patrol is on the way.”

“You have no authority,” I said. “You’re a private security dick blocking my car on public property.”

I unlocked my car, got in, started the engine, put the trans in drive and made a sharp right turn forward, spinning past him where he sat in his pickup. I made a quick right on Fort Street and headed for the freeway.

Bye-bye, Dougface.

But of course, Matty won that round — his shotgun-toting goon got me to leave the park.

Matty Moroun doesn't want you to see this photo of his henchman, the shotgun-packin' Doug, leaving deep tracaks in grass as he drives across Riverside Park Extension's lawn on Monday, September 22, 2008, so he could harass me out of the park. Joel Thurtell photo.

Matty Moroun doesn't want you to see this photo of his henchman, the shotgun-packin' Doug, leaving deep tracaks in grass as he drives across Riverside Park Extension's lawn on Monday, September 22, 2008, so he could harass me out of the park. Joel Thurtell photo.

 

 

That’s what Matty wants — to scare people out of this public place so he can call it his.

Got news for you, Matty. I’ll be back.

No shotgun for me. Just my trusty Canon.

Drop me a line at joelthurtell(at)gmail.com

Posted in Me & Matty | Tagged , , , , , | 2 Comments

“Cathedral of finance”

By Joel Thurtell

In the wee hours of Tuesday, February 14, 1933, Michigan’s new Democratic Governor William Comstock emerged from the posh Detroit Club after a long meeting of Detroit financiers and Lansing and Washington treasury bigshots. He turned right on Cass Street, right again on West Lafayette and right yet again as he walked through the ornate entry of the Albert Kahn-designed Detroit Free Press building.

In the Free Press newsroom, the governor dictated a proclamation ordering all Michigan banks to take a breather for eight days. The state’s banks were to close while state bank examiners determined which financial institutions were solvent and which ones should never re-open. The governor’s move forestalled further runs on banks that threatened financial chaos in the nation’s automotive manufacturing center.

A few blocks away at 500 Griswold Street stands another ornate monument to the era of the 1920s opulence that led into the Great Depression. It is now known as the Guardian Building, and is the subject of a beautiful book recently published by Wayne State University Press. Researched and written by Detroit Institute of Arts art historian James Tottis, it is titled The Guardian Building: Cathedral of Finance.

Most people I talk to have no idea that this gaudy showpiece of 1920s opulence, known then as the Union Trust Company, symbolizes the profligacy that brought many of the nation’s banks to ruin. The bank whose building was intended to signal stability and strength was actually insolvent by 1933.

By then known as the Guardian Detroit Union Group, the bank had as two of its largest investors Henry and Edsel Ford. When Henry Ford, steamed at his former business partner and then U.S. Senator James Couzens and distrusting banks in general, refused to sink more money into the Guardian Union bank and when the Fords also refused to step aside as  preferred creditors, it looked like the impending failure of this big bank would topple Detroit’s other banks, all of which, like the Guardian Union bank, had invested heavily in now hugely devalued real estate and industrial bonds.

The standoff between the Fords and the feds forced Gov. Comstock to order the eight-day “banking holiday” that froze a billion and a half dollars worth of Michigan bank deposits along with 550 banks with 900,000 depositors, according to 28 Days A History of the Banking Crisis, by C.C. Colt and N.S. Keith.

In the twenty five and a half months preceding the Michigan banking holiday, 163 banks had failed in Michigan. One of the prime causes of those failures was incompetence of bank officials, according to a study by then University of Michigan business Professor Robert Rodkey. I’m writing about this and other Depression-era bank boondoggles in my book, How To Stop A Bank Run.

Earlier, banking holidays had been declared in Nevada and Louisiana, but those states lacked the heavy capitalization and the overwhelming debt of the country’s car capital. The Michigan banking holiday precipitated runs on banks in other states near and far.

By the time the new Democratic president, Franklin Delano Roosevelt, was inaugurated on Saturday, March 4, 1933, the nation’s banking system was in chaos. In Michigan, people were applying to their out-of-state banks for funds to meet payrolls and daily household expenses, thus stressing those banks and forcing other governors to order holidays. Some people were were traipsing over to Windsor in hopes of finding loose cash. There were no bank failures in Canada during the Great Depression.

On Monday, March 6, President Roosevelt ordered all of the nation’s banks to close while auditors could figure out which ones were solvent and which were zombies. In Michigan, dozens more banks closed during the state and federal holidays never re-opened.

And it started right there at 500 Griswold Street in the “Cathedral of Finance.”

James Tottis’ beautiful book will be on sale Thursday, March 26 at 5:30 p.m. in the Guardian Building, where Wayne State University Press, Detroit Area Art Deco Society, Michigan Architectural Foundation, Wayne County and Preservation Wayne will celebrate the Guardian Building’s 80th anniversary.

Oh yes, I almost forgot: Wayne State University Press has published a book authored by me and Patricia Beck, Up the Rouge! Paddling Detroit’s Hidden River. Our book can be ordered at uptherouge.com for $34.95 plus $7 shipping.

I’m now writing a book about banks in the Great Depression called How To Stop A Bank Run.

Drop me a line at joelthurtell@gmail.com

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Outsourcing the Yak

By Joel Thurtell

When the staffers who produced the long-running and beloved Yak feature retired last year from the Detroit Free Press, the bosses decided not to let the award-winning employees’ departure get them down.

Why rely on workers with roots to the community and commitment to local institutions when there is a cheaper way?

Let’s be creative, the Free Press moguls must have told each other, high-fiving their way to the nearest telephone.

The result appears in this e-mail, forwarded by a friend who works for a Detroit-area organization:

Subject: Yak’s Corner

Ms. ,

I write for Yak’s Corner, the educational supplement distributed in classrooms by the Detroit Free Press, and I’m interested in doing a story about — and any kid-friendly events coming up later this month. Please let me know if this is something you’d be interested in.

Thank you,

Rachel

cell: 215-284-9065

Rachel Vigoda

writer/editor

Hollister Creative

3 E. Wynnewood Road

Wynnewood, PA 19096-1917

I googled Hollister Creative. They indeed are located in Wynnewood, PA.

Here’s what the Free Press gets for its money, according to Hollister’s website:

“Creativity is not enough. I need a strategic partner who will help me get results.”

When you work with a creative services firm, you expect creativity — as you should! But creativity is not enough. You also want to work with a team that is focused on results, responsive to your needs and 100% reliable. Listening to clients and delivering for them daily has made Hollister one of the top creative firms in the Philadelphia area. When you choose Hollister, you choose a potent combination of creativity and competence.

fast facts

• Philadelphia Business Journal 2008

   ‘The List’ top 25 graphic designers

• 8 national graphic design awards in

   2007-2008

• 44 national awards to Hollister Kids

  for Distinguished Achievement in

  educational publishing

• certified woman-owned business

Rachel, the writer, didn’t return my phone calls.

Drop me a line at joelthurtell@gmail.com


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Book for sale: Up the Rouge!

Up the Rouge! Paddling Detroit’s Hidden River, by Joel Thurtell and Patricia Beck, can be ordered at www.uptherouge.com.

Posted in Beginnings | Leave a comment

Banking and the perpetual screw job

By Joel Thurtell

It’s terrible that execs of broke A.I.G. gave themselves $165 million in bonuses, tapped from public bailout money.

And yes, it’s outragaeous that top dogs from failed Countrywide bank whose profiteering in sub-prime mortgages helped bring on our present panic would now be making big bucks buying and flipping properties their own greed forced into foreclosure.

Meanwhile, Fed Chairman Ben Bernanke wants to rein in banks whose officials took risks knowing the government would consider them “too big to fail.”

Size is not the point. Ownership is key. If you decide a bank should be saved, fine, save it, but don’t leave it in the hands of the original proprietors who put it in jeopardy.

We ought to consider whether we don’t have a special banking class of citizens who seem to reap fortune from others’ misery after having created the misery. If they prove themselves incompetent, we need to ban those folk from the banking industry.

I was not trained in banking or finance. I’m a historian through education and a journalist by profession. I’m writing a book called “How To Stop A Bank Run.” In researching my book, I  spent a few quiet days perusing state banking records at the Michigan Office of Financial and Insurance Services in Lansing. I’ve been studying the annual reports of the banking commissioners to the governors in the late 19th and early 20th centuries before and during the Great Depression.

I think I’ve discovered why the crooked capitalists from Countrywide are allowed to make money off the disaster they spawned: It is the way we do things in this country.

Much of my book deals with the Banking Crisis of 1933, because my story involves a small town banker who, we’re told, defied President Roosevelt’s edict that all banks close in March 1933. She claimed she kept her little bank open for business.

In Michigan, 163 banks failed between January 1, 1930 and February 11, 1933. By early 1933, major banks in Detroit, including one with Henry Ford as a prime investor, were ready to fail. Disaster was approaching. Officials in Washington, financiers in New York and most of all the bankers in Detroit knew a steamroller was coming. Throughout the roaring twenties, on average 600 banks a year had failed in the U.S., but they were mainly small, rural banks. Michigan was different. It was big. It was home to the auto industry, an economic monoculture in serious distress following the Great Crash of 1929.

On Tuesday, February 14, 1933, Gov. William Comstock of Michigan ordered the state’s banks to take a breather. The Michigan banking holiday had a domino-like effect, prompting banks in other states to scream that they couldn’t meet their Michigan depositors’ and hometown depositors’ demands. Governors in most states ordered holidays and finally FDR on March 6, 1933 ordered all banks in the country to close.

Many, it would turn out, were insolvent and would never re-open.

Here’s the parallel with Countrywide today: As bank examiners looked at the books in Michigan and found many moribund banks whose weaknesses they had somehow overlooked in their annual iinspections, someone had to be appointed to sell off what assets were left and try to repay depositors. Often, the assets were real estate with little value the banks had acquired through foreclosures. Often, too, over-investment in mortgages whose values had plunged had placed the banks in their pickle.

You would think someone independent, with no financial interest in the failed institution, would have been appointed to re-organize or liquify the accounts.

Nope. As a rule, the person appointed as conservator was the bank’s cashier — the very person who drove the bank to ruin. This is not an unfair statement. During the Great Depression, a University of Michigan professor of business administration, Robert Rodkey, concluded that bank officers’ incompetence was a prime reason for the banks’ troubles.

I suppose it could be argued that someone like the bank’s cashier would best know the bank’s situation. But according to Prof. Rodkey (“State Bank Failures in Michigan; A Study of the Causes of Michigan State Bank Failures During the Depression and Prior to the Banking Holiday, With Suggested Remedies”), ignorance of sound banking practices on the part of cashiers was a primary source of the trouble.

Why would you appoint incompetents to fix the problem?

It was no doubt the easiest thing to do. They called  it a “banking crisis” because it literally was an emergency, and appointing someone on site who knew the books may have seemed a smart move. However, it was not uncommon for regulators to come from families heavily involved in banking, so maybe the examiners were a bit too sympathetic to the bankers.

For some reason, anyway, it was those very troublesome cashiers who got to “solve” problems they most likely created.

Such a person would be in a wonderful position to muffle or entirely suppress any information about the bank’s situation. Such a person would be in a great position to help find a new cashier in case the insolvent bank were somehow re-organized. Often if not invariably the new cashier was the same pre-crisis cashier and the same person who served as conservator.

How do I know this? In the banking office in Lansing, I found an amazing document. It’s nothing more than the annual report of the banking commissioner to the governor for 1930. But that year was the critical one. That was when all the state’s banks were figuratively lined up at the side of a cliff where many would step off and never climb back. Someone placed alphabetical thumb tabs in this obviously much-used copy of the report. Over the next few years they marked it up, penning or pencilling in the names of conservators and new cashiers and writing down the ultimate fate of each bank.

The book is a treasure — a snapshot of what happened to Michigan’s banks after the banking holidays. It is a revelation. It showed me  what happened to the two banks in my hometown, Lowell, Michigan, where examiners in 1933 found that both Lowell banks were insolvent. 

In real terms, what did the insolvency of these two small-town banks mean? My grandfather, Martin Houseman, ran a meat market and grocery story on Main Street in Lowell not 100 yards from the City State Bank of Lowell. Half a mile east was the Lowell State Bank. I grew up hearing the family story of how my grandfather had to close Houseman’s Grocery Store in 1936 because his customers simply had no money to pay him.

I discussed this with my mother recently, and with other people from Lowell. Nobody had any idea that the two banks had failed. The Lowell Historical Society notes only that the two banks “merged.” That is true, but it neglects to fill in the facts that one bank over a period of years managed to pay depositors 43 cents on the dollar while the other paid 46.8 cents on the dollar.

No wonder my grandfather’s customers had no money. Thanks to their hometown bankers, they lost most of their savings.

Meanwhile, quietly, the two failed banks were consolidated into a single bank with names of officers from the defunct banks appearing on the new bank’s masthead, and the cashier of one of the dead banks, who also served as conservator after that bank was closed, emerging as cashier of the new Lowell State Savings Bank.

There was no downside for the officers of many of Michigan’s Depression banks that failed. Quietly, they were allowed to maintain control.

Just as now there seems no downside for bankers who pushed us into the abyss.

Drop me a line at joelthurtell(at)gmail.com

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Book signings and book events

The book by Joel Thurtell and Patricia Beck, “Up the Rouge! Paddling Detroit’s Hidden River”, will be for sale at the following events:

April 1, 9 a.m., interview by Lisa Minnini on her Internet talk show, Navigating Change, at www.blogtalkradio.com/navigating_change

April 1, 7 p.m., Hotel Grill, 2651 W. Jefferson Ave., Trenton; sponsored by Friends of the Detroit River.

April 8, 7 p.m., Joel Thurtell to talk on his current book project, “How To Stop A Bank Run,” Canton Historical Society, Cherry Hill School, 50440 Cherry Hill Rd., northwest corner Cherry Hill and North Ridge; “Up the Rouge!” will be on sale.

April 20, 7 p.m. Barnes & Noble, Fairlane Green, 3120 Fairlane Drive, Allen Park.

April 22, 10:30 a.m. Joel Thurtell to be featured on WSPD – Plymouth Canton High School Radio – interviewed by Deb Madonna about his new book Up the Rouge! Paddling Detroit’s Hidden River on Plymouth Canton High School Radio.

May 2 – Patricia Beck and Joel Thurtell – photo exhibit opening reception and book signing from 3pm to 5pm, Environmental Interpretive Center, University of Michigan-Dearborn, 4901 Evergreen Road, Dearborn.

May 13, 7 p.m. Joel Thurtell and Patricia Beck talk about their book, Up the Rouge! and show photos of their 2005 canoe trip up the Main Branch of the Rouge. Cherry Hill School, 50440 Cherry Hill Rd., northwest corner Cherry Hill and Canton Center; sponsored by Canton Historical Society.

June 10, 10 a.m.-4 p.m. and 6 p.m.-9 p.m., Franklin Garden Walk. More details coming.

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Not just my opinion

By Joel Thurtell

Over dinner, an old friend who’s a journalist quizzed me about the case of David Ashenfelter, the Detroit Free Press reporter ordered by a judge to reveal the U.S. Department of Justice sources for his story that ran before the indictment, trial and acquittal of an assistant U.S. attorney.

The former federal prosecutor, Richard Convertino, has sued the Justice Department, but his case can’t proceed until he learns the names of the department employee(s) who, it appears, illegally leaked information to the reporter. Earlier, Ashenfelter tried to avoid giving evidence, using the First Amendment, but the judge rejected that. Recently, he’s invoked his Fifth Amendment right not to incriminate himself in hopes the judge will agree to excuse him from testifying.

My friend wondered if it is true, as various media have reported, that Ashenfelter could use Michigan’s journalists’ shield law if this case had been brought in a different federal appeals court jurisdiction than the Sixth Circuit Court of Appeals in Cincinnati, which has rejected the state shield. He referred me to a March 4-10, 2009 Metro Times story, “Without a shield: legal precedent leaves Detroit journalist unprotected.”

“It’s not true,” I told my friend. “The judge didn’t base his opinion on an appellate court ruling. He discussed that possibility and rejected it. He based his opinion on a Supreme Court ruling that says nobody, not even a journalist, can keep from testifying if he’s witnessed a crime.”

“The problem,” I said, is that people aren’t reading the judge’s opinion.

Later, though, I wondered: Could I have misread that August 2008 ruling by U.S. District Judge Robert Cleland in the case of Richard G. Convertino v. United States Department of Justice?

I went home and printed out a fresh copy of the judge’s ruling. I found a pink highlighter and began reading — and marking — the ruling. Later, I compared my latest copy with the one I read and marked in yellow last fall. I’d marked the same passages. My understanding of the ruling had not changed.

Why is this important? Well, if it’s true that but for the Sixth Circuit, the reporter would be protected from testifying, then this might be a poster case for pushing Congress to enact a federal shield law. That line of reasoning is less persuasive, though, when you realize that the judge’s ruling is based on a U.S. Supreme Court opinion, and not on the Sixth Circuit’s holding.

It’s even less appealing if we consider that the whistleblower in this case is Convertino, whose six-minute statement to a congressional committee as a subpoenaed witness prompted his superiors at Justice to whack his reputation and try to put him in jail. Ashenfelter is not protecting the whistleblower. Rather, he’s shielding the officials who illegally leaked information about a whistleblower.

Don’t take my word for it, or that of other media. Please read the judge’s opinion for yourself.

Here is what I learned from my first and subsequent readings of Judge Cleland’s ruling:

The judge held that the Sixth Circuit Court of Appeals opinion dealing with the Michigan reporters’ shield law was not relevant in the Free Press case.

Instead, the judge made his ruling based on a U.S. Supreme Court ruling, Branzburg v. Hayes, 408 U.S. 665 (1972). This was a majority opinion that, according to Judge Cleland, “declined to recognize a First Amendment testimonial privilege for reporters.”

Cleland wrote, “This is not an instance where the reporter’s informant reveals hitherto dangerous or illegal activities that, being unlikely otherwise to come to light, result in reporting that is obviously more weighty in a court’s calculation of First Amendment safeguards. Rather, the situation is more akin to a reporter’s observation of criminal conduct from which the Supreme Court has explicitly stripped constitutional protection: ‘we cannot seriously entertain the notion that the First Amendment protects a newsman’s agreement to conceal the criminal conduct of his source, or evidence thereof, on the theory that it is better to write about crime than to do something about it.’ Branzburg, 408 U.S. at 692.

“For similar reasons,” Judge Cleland continued, “any reliance Ashenfelter placed on the Michigan reporters’ privilege is misplaced. A reporter should not be allowed to use a state law to shield himelf from disclosing his sources when the communication sought to be protected is a violation of federal law. Such reliance should not be encouraged by the court. Thus, the burden on Ashenfelter’s First Amendment interests is minimal and the damage to his reliance on the Michigan shield law inconsequential. Both concerns are overbalanced by Convertino’s countervailing interests.”

The judge’s 23-page ruling is not the private property of journalists and lawyers. It’s on the Web. You can read it, too.

Drop me a line at joelthurtell(at)gmail.com

Posted in Joel's J School, Subpoenaed reporters | Tagged , , | Leave a comment

Banks and the perpetual screw job

This business of bankers screwing up the economy and then turning a profit off others’ misery is an old story. For my latest banking post, check my new site.

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JOTR to judge: Tell Dave to stick it

By Joel Thurtell

All through the Kwame thing, we heard this drumbeat from the Detroit Free Press:

This newspaper represents the public interest. 

We need this or that record so we can better represent the public.

We need judges to say the First Amendment permits the newspaper to investigate and publish forbidden materials, for example, private electronic text messages (although we don’t think the public deserves to know how we got them).

Now that the shoe’s on the newspaper’s foot, what do we hear?

There must be some hitherto unknown constitutional amendment that allows newspapers to practice hypocrisy with impunity.

I was amazed at the latest trick cooked up by the den of attorneys laboring to keep Free Press reporter David Ashenfelter from doing his citizen’s duty and testifying in the civil lawsuit of former assistant U.S. attorney Richard Convertino.

Dave, or rather, the paper’s lawyers, want the federal judge in the case to let Dave tell him in secret why he’s afraid he might be charged criminally if he gives up the names of the federal prosecutors who illegally leaked information to the reporter before Convertino was even charged.

The feds have their own nasty little bag of tricks, of course. Leaking confidential information to compliant reporters is one of their slimy tools for prizing public sympathy away from the target and in favor of the government. Usually, it works. Nobody gets hurt — except, of course, the human being they smear.

So Dave wrote his government-biased story, including the name of an undercover federal informant for good measaure. Shades of Valery Plame.

The little scheme backfired, with a federal jury acquitting Convertino. This was comeuppance for the federal blabbermouths, and for the Free Press. However much the paper may suppress the bad news, for them, that Convertino got off the hook, his acquittal let Convertino come back and haunt his persecutors — federal attorneys and the Free Press.

But Convertino can’t go ahead with his lawsuit against the feds until he knows  whom to name.

Now the reporter, having screwed Convertino once by writing his suck-up story, is trying to screw him again by sliming away from giving testimony.

U.S. District Judge Robert Cleland wrote in an August 2008 opinion that Ashenfelter has no First Amendment right not to testify. Our champions of the First Amendment and the public interest at the Free Press chose to suppress that — for the journalists — unpleasant piece of news. The judge ruled that the feds who leaked on Convertino might later be prosecuted, and there is no First Amendment shield for anyone, even such public interest-minded journalists as the Freepsters, to keep silent when their testimony is required in a criminal case.

Now comes Dave, or rather the newspaper’s lawyers, proposing that Dave debrief the judge in secret why he fears prosecution and therefore can’t give up the names of federal leakers.

These sources were not whistleblowers. They were Convertino’s bosses or at least his peers in the U.S. Department of Justice. They did what they did hoping to smear a fellow prosecutor because, apparently, they didn’t like it that Convertino had testified before Congress criticizing the Department of Justice.

So Convertino was the whistleblower. And his former colleagues at Justice wanted their pound of flesh. They still won’t fess up about who among them leaked, and  the Free Press is taking part in a continued effort by the feds to screw Convertino out of those names.

Now we have the ever-so-public-interest-minded Free Press trying to weasel Dave into the judge’s office for a little private meeting. No record. No published report.

Wow.

What kind of newspaper does that?

This is the institution that sued to open up records in the Kwame Kilpatrick case.

It was all about the public’s right to know back then.

Guess things have changed.

Now, for their own narrowly-focused, private reasons, the Free Press doesn’t want us to know why Dave is staying mum.

If it were someone else (think Kwame Kilpatrick) trying to pull such a shyster shenanigan, there’d be 90-point boldface headlines screaming outrage.

But because it’s the Free Press, we get a little box known in newspaper jargon as a “containable” down at the right-hand bottom of the Local News page.

The Free Press keeps burying this story, and now they want to bury Dave’s face-to-face with the judge.

What’re you afraid of, Freepsters?

The truth?

Drop me a line at joelthurtell(at)gmail.com

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Banks and “stress test” = bunkum

I don’t believe special “stress tests” are needed to show up the weak banks. Basic accounting will do. See my new post at www.howtostopabankrun.com. “How To Stop A bank Run: is my latest book project.

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