{"id":148,"date":"2003-06-09T07:28:44","date_gmt":"2003-06-09T12:28:44","guid":{"rendered":"http:\/\/hill-kleerup.org\/blog\/wp\/?p=148"},"modified":"2003-06-09T07:28:44","modified_gmt":"2003-06-09T12:28:44","slug":"nailing_martha","status":"publish","type":"post","link":"https:\/\/hill-kleerup.org\/blog\/2003\/06\/09\/nailing_martha.html","title":{"rendered":"Nailing Martha"},"content":{"rendered":"<p>I love Martha Stewart-bashing as much as the next person.  Martha&#8217;s ability to make anyone feel inadequate for not whipping up a white bean and saffron compote served in little pots recycled from the greenhouse with a wire ribbon and <i>papier-mache <\/i>American flag for the Fourth of July is unparalleled.  Stories of her tyrannical personal life abound.  Anything that would wipe that smug half-smile off her face would be seemingly welcome.<\/p>\n<p>So why is it that the whole Martha Stewart ImClone thang annoys me?  Perhaps because, for all the talk of &#8220;insider trading,&#8221; not only did Martha not actually make all that much money off the deal (a whopping $45k), <a title=\"The SEC Goes Out on a Legal Limb in Its Bid to Net Martha Stewart\" href=\"http:\/\/www.latimes.com\/news\/printedition\/opinion\/la-oe-bainbridge6jun06.story\"><i>she hasn&#8217;t even been charged with insider trading.<\/i><\/a><\/p>\n<p class=\"block\">Stewart was a friend of Waksal&#8217;s, but it&#8217;s pretty clear that she didn&#8217;t know what Waksal knew: The Food and Drug Administration was going to hold up a new drug his company wanted to release.  In fact, according to the SEC itself, after selling her ImClone stock, Stewart called Waksal and left the following message: &#8220;Martha Stewart \u2014 something is going on with ImClone and she wants to know what.&#8221;<br \/>\nAlthough the SEC&#8217;s civil complaint makes much of the Stewart-Waksal friendship, the SEC nowhere alleges that Stewart had any advance knowledge of the problem with the FDA.  In other words, Stewart got a hot tip and she acted on it. So what?<br \/>\n[&#8230;] Tellingly, the Justice Department did not charge Stewart with insider trading. Only the SEC&#8217;s civil complaint does so. Instead, the Justice Department went after Stewart for conspiring to obstruct justice by engaging in the great American pastime of lying to the cops.  According to published reports, the U.S. attorney decided that going after Stewart would be an &#8220;unprecedented&#8221; expansion of insider trading law.<\/p>\n<p>As I mentioned to a particular adolescent earlier in the weekend, the lesson of history is that <i>it&#8217;s not the crime that nails you &#8212; it&#8217;s the cover-up.<\/i><\/p>\n<p><small>(via <a href=\"http:\/\/volokh.com\/2003_06_01_volokh_archive.html#200396103\">Volokh<\/a>)<\/small><\/p>\n","protected":false},"excerpt":{"rendered":"<p>I love Martha Stewart-bashing as much as the next person. Martha&#8217;s ability to make anyone feel inadequate for not whipping up a white bean and saffron compote served in little&#8230;<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","_seopress_robots_follow":"","_seopress_robots_imageindex":"","_seopress_robots_snippet":"","_seopress_robots_primary_cat":"","_seopress_robots_breadcrumbs":"","_seopress_robots_freeze_modified_date":"","_seopress_robots_custom_modified_date":"","_seopress_robots_canonical":"","_seopress_social_fb_title":"","_seopress_social_fb_desc":"","_seopress_social_fb_img":"","_seopress_social_fb_img_attachment_id":0,"_seopress_social_fb_img_width":0,"_seopress_social_fb_img_height":0,"_seopress_social_twitter_title":"","_seopress_social_twitter_desc":"","_seopress_social_twitter_img":"","_seopress_social_twitter_img_attachment_id":0,"_seopress_social_twitter_img_width":0,"_seopress_social_twitter_img_height":0,"_seopress_redirections_value":"","_seopress_redirections_enabled":"","_seopress_redirections_enabled_regex":"","_seopress_redirections_logged_status":"","_seopress_redirections_param":"","_seopress_redirections_type":0,"_seopress_analysis_target_kw":"","_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[9],"tags":[],"class_list":["post-148","post","type-post","status-publish","format-standard","hentry","category-politics-law"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":3102,"url":"https:\/\/hill-kleerup.org\/blog\/2002\/08\/08\/poor_martha.html","url_meta":{"origin":148,"position":0},"title":"Poor Martha","author":"***Dave","date":"Thu 8-Aug-02 4:27pm","format":false,"excerpt":"The Feds seem to have their cross-hairs on Martha Stewart. Now, I love a good Martha Stewart joke as much as the next guy -- indeed, probably moreso. But I...","rel":"","context":"In &quot;Media Moguls&quot;","block_context":{"text":"Media Moguls","link":"https:\/\/hill-kleerup.org\/blog\/category\/media\/media-moguls"},"img":{"alt_text":"Get Martha!","src":"https:\/\/i0.wp.com\/www.cbsnews.com\/images\/2002\/07\/02\/image514013l.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":5471,"url":"https:\/\/hill-kleerup.org\/blog\/2004\/03\/05\/martha.html","url_meta":{"origin":148,"position":1},"title":"Martha","author":"***Dave","date":"Fri 5-Mar-04 3:14pm","format":false,"excerpt":"It's worth noting that Martha Stewart's conviction was not for insider trading, but of obstruction of justice and lying to government investigators about the matter. Which should be an object...","rel":"","context":"In &quot;Politics &amp; Law&quot;","block_context":{"text":"Politics &amp; Law","link":"https:\/\/hill-kleerup.org\/blog\/category\/politics-law"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1877,"url":"https:\/\/hill-kleerup.org\/blog\/2002\/04\/13\/desperation_tim.html","url_meta":{"origin":148,"position":2},"title":"Desperation time","author":"***Dave","date":"Sat 13-Apr-02 1:22pm","format":false,"excerpt":"Kmart is in the tank at the moment, and desperate to claw back from bankruptcy. It's at desperate times like this that just what they need is a story about...","rel":"","context":"In &quot;Fourth Estate&quot;","block_context":{"text":"Fourth Estate","link":"https:\/\/hill-kleerup.org\/blog\/category\/media\/fourth-estate"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":7997,"url":"https:\/\/hill-kleerup.org\/blog\/2005\/07\/05\/attica_attica_a.html","url_meta":{"origin":148,"position":3},"title":"ATTICA! ATTICA! ATTICA!","author":"***Dave","date":"Tue 5-Jul-05 2:56pm","format":false,"excerpt":"Martha Stewart continues to defy any efforts to actually garner some sympathy for what many think was a dubious conviction by complaining bitterly over the conditions of her probation and...","rel":"","context":"In &quot;Politics &amp; Law&quot;","block_context":{"text":"Politics &amp; Law","link":"https:\/\/hill-kleerup.org\/blog\/category\/politics-law"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":6406,"url":"https:\/\/hill-kleerup.org\/blog\/2004\/09\/07\/if_martha_stewa.html","url_meta":{"origin":148,"position":4},"title":"If Martha Stewart Were a Comic Book Character","author":"***Dave","date":"Tue 7-Sep-04 8:54pm","format":false,"excerpt":"From the Top5 Little Fivers Comics list: The Top 9 Differences If Martha Stewart Were a Comic Book Super Hero\/Villain 9. Pym Particles would come in 12 designer colors. 8....","rel":"","context":"In &quot;Comics &amp; Comic Books&quot;","block_context":{"text":"Comics &amp; Comic Books","link":"https:\/\/hill-kleerup.org\/blog\/category\/media\/media-comics"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":5049,"url":"https:\/\/hill-kleerup.org\/blog\/2003\/11\/11\/the_lesson_for.html","url_meta":{"origin":148,"position":5},"title":"The Lesson for today &#8230;","author":"***Dave","date":"Tue 11-Nov-03 8:20am","format":false,"excerpt":"The Parable of Jesus, Mary, and Martha Stewart Living Now it came to pass as they went past the flea markets and the tag sales where the furniture that is...","rel":"","context":"In &quot;Potpourri&quot;","block_context":{"text":"Potpourri","link":"https:\/\/hill-kleerup.org\/blog\/category\/potpourri"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/148","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/comments?post=148"}],"version-history":[{"count":0,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/148\/revisions"}],"wp:attachment":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/media?parent=148"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/categories?post=148"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/tags?post=148"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}