Verdict Backing Oil-Royalty Whistle-Blower Is Overturned

News:
In a ruling that could have big implications for whistle-blowers, as well as for the oil and gas industry, a federal judge in Denver has overturned a jury’s verdict in favor of former Interior Department auditor Bobby Maxwell, who revealed that the Kerr-McGee Corporation cheated the government out of millions of dollars’ worth of royalties for oil and gas pumped in publicly owned coastal waters. The judge did not dispute that Maxwell had uncovered cheating by the company, nor the fact that Mr. Maxwell filed his lawsuit as a private citizen after senior Interior Department officials ordered him to abandon his findings. The judge did, however, rule that Maxwell was ineligible to sue Kerr-McGee as a private citizen because he had gathered most of his evidence while on the job, deciding so last week after consistently rejecting that same argument from Kerr-McGee throughout the trial.

The brief heading to the

threat introduction suggested the plaintiff had no standing which means Maxwell's case is dead but the concept of "fruit of a poison tree" being inadmissible has been pretty much ignored by government lawyers in recent years. This principle meant useful, factual information whose gathering possibly involved improper methods was inadmissible in court. The government has gotten its hand-picked and hand packed Repug appointed judges to allow almost any type of evidence if found useful by the government, even if normal people can not. This would suggest that the government can still pursue the case....IF they wanted to but what is the probability of that as long as the US Attorneys who DO play ball with Bushites, the only ones left, are the ones we much rely on to push the case?
Even if Bush is long gone in 08, his legacy of corrupt civil servants, judges, and a whole array of laws will haunt the US for decades. A new administration might be able to appoint new USA's they will not be able to weed out the political hack judges and middle level managers who can stifle any attempts to return democracy to America for a very long time. No president has done more long term damage to the nation than this one, Iraq and mere lies are minor short term offenses compared to what long term effects the systemic corruptions, incompetence, and outright crime that will continue for years.
It might even get worse than better, they still have control of information and "news" media, and have managed to dumb down the entire American populace, whereas the vast majority have no interest or knowledge of what is lost or how things could be. Still the majority, when read sections of the Declaration of Independence or the Bill of Rights claim such words are "communistic propaganda", the work of the devil or whatever. Ask a typical voter to describe without slogans or talking point quotes why they vote a certain way or to support their opinions based on some diligent thought or judgment and they are lost.
Progressive values are not easily reduced to 2-3 word sound bites, a background of social and ethical philosophy is needed and that is sadly missing from the typical voters skill set. Very few people can describe the origins of their opinions coming anything other than blind faith. It might take 50 years to undo the last 6 years assuming all is events are on the most positive side after 08. It might be too late for the US society to ever regain democratic principles or an improved quality of life for the masses. The future might be unkind the the US when so many developing countries and cultures are making wiser moves and show upward trend lines while all measures of personal freedom, quality of life, world knowledge, and personal competency of American life are trending downward. It is sad, that is the real legacy of the Bushites. That will not be reversed by merely putting a new person in the White House.
We as Americans can not assume the social contract with our government is still in our best interests and we must create a new relationship with the government and our community. Gone is the concept of representative government. Repealing any laws and regulations that give the corporations all the rights of citizens and none of the responsibilities. Corporations have a Super citizen status that is found in the vast majority of law and regulation. Why? That is certainly not needed for business to thrive, if anything it causes business to lose creativity and sense of repsonsibility. US corps are losing ground on every other country's businesses yet they get unbelievable benefit and support from the government. Having that All rights/No responsibility relationship with society has actually damaged US business to make is uncompetitive with the rest of the world and has crushed the wellbeing and spirit of the citizens.
Under current thinking in the US, the oil company in this case has more rights than the citizens who were damaged and harmed. And Americans in general are so used to that view that they tend not to see a problem with it. This is because the Shrubsters have been able to convince the people that rights are derived from the government. Jefferson would shit if he knew how that view had become dominate when the whole concept of the US was that all rights came from the people and government was to be given rights sparingly and non-permanently by the people and only when it was for the good of the people. Any other form of relationship was to be overthrown as over stepping the rights granted by the people. If the people believe there is a right to health care, it is not the governments position to oppose it for example but only to implement it. If corporations are infringing on the wellbeing of citizens, the government is given rights to suppress those actions, not defend the corporations against the people. When corporations were given status above that of human citizens, they became the lords of the government.

By StanjApril 4, 2007 - 4:54am