The justices, both conservatives and liberals, agree on the principle that a criminal law must clearly state what is a crime. And the law that makes it a crime to "scheme . . . to deprive another of the intangible right of honest services" is anything but clear.
During Monday's argument, a lawyer for Skilling said that under the government's approach, it could be a crime for an employer to use an office computer for his personal use.
... It was the third time in recent months the justices have voiced doubt about the "honest services" law. However, even if part of Skilling's conviction were overturned, government lawyers say some of his conviction for securities fraud should stand.
Wednesday, March 17, 2010
Skilling and the Supreme Court
The LA Times has more information on the Skilling appeal to the Supreme Court. Based on this article, it appears that Skilling has a good chance of getting a reduced sentence because of a vague law called the "honest services" law. Whether he has a chance of being set free is unclear in my opinion. Here are a few key quotes: