The Presumed Innocence Of The Rich

Judge T.S. Ellis, who is overseeing the Paul Manafort trial, has made quite a name for himself with his biting comments, interjections, and dressing downs of the prosecuting attorneys. Whether or not his attitude rubs off on the jury remains to be seen. But his attitude reflects two distinct problems with our judiciary. First of all, his autocratic air in the courtroom is indicative of the lack of restraint that sometimes get created when individuals are given a job for life. More disturbingly, Judge Ellis’ comments that Manafort is not on trial for simply being rich reflect the two-tiered justice system that haunts this country.

Ellis rebuked the prosecutors for using the term “oligarch” because it connoted “despicable people and therefore he [Manafort] is despicable”. Of course the word oligarch has been used to describe a government by and for the rich for well over a century. It is only despicable and disparaging because an oligarchy is itself despicable. Moreover, the very fact that Manafort was living a “lavish lifestyle” is not irrelevant to the prosecution’s case as it speaks to his need to commit widespread fraud in order to maintain that lifestyle. Imagine a judge remonstrating a prosecutor for bringing up the fact that the defendant had an enormous gambling problem and had incurred large debts in a normal fraud case. It would never happen. But the rich will always have a greater presumption of innocence.