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December 4, 2008 2:33 PM PST

Free Plaxico Burress. Leave Bernie Ebbers in stir

by Charles Cooper
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So let's see whether I've got this straight. A white collar crook responsible for the biggest fraud in U.S. corporate history wants a presidential pardon. Meanwhile, a head case of a footballer who ran afoul of my native city's handgun laws may very well receive a mandatory prison sentence.

Plax in happier days

(Credit: CBS Sports)

Jupiter is definitely not aligned with Mars.

By now, you're doubtless familiar with the public travail of one Plaxico Burress, the star receiver for (my beloved) New York Giants, who was arraigned for criminal possession of a weapon in the second degree. Last week, Burress was out late (make that very late) partying at a Manhattan club when a gun he had allegedly stuck into his sweatpants accidentally fired a bullet into his thigh. Thankfully nobody else was hurt. (Burress is probably equally thankful that he didn't shoot off another piece of his anatomy.)

Burris is in a lot of trouble. He had a handgun permit issued by Florida. But as the Cato Institute's David Kopel points out in Thursday's Wall Street Journal, as an out-of-state resident, he could not register for a permit in New York. Personally, I would ban all handguns, but that's just me being a typical San Francisco leftist weenie.

And now Burress may get sent to jail because of a New York statute, which orders a mandatory sentence for anyone violating local gun laws. That's harsh. Of course, you might ask what he was doing packing a Glock when he was ostensibly out trying to bed groupies. Good question. So let's convict Burress for being a knucklehead. The fact is that you could find a lot of other people who also deserve to do time for that same offense.

I was thinking about Burress' predicament after learning that WorldCom's former CEO, Bernie Ebbers wants George Bush to commute the rest of his jail sentence. In 2005, he was convicted of fraud and conspiracy, thus earning him a prized place along side of Enron's Ken Lay in the dot-com era's pantheon of corporate liars, cheats, and scoundrels.

Next Weekend at Bernie's?

(Credit: CBS News)

Let's recall that this is the same guy who helped pull off an $11 billion accounting fraud. Let's linger on that number for a moment. Eleven billion dollars. That's quite a sum, even in the bailout-crazed time we now inhabit. In the end, Ebbers' shenanigans finally came to light--but not before the largest corporate bankruptcy in this country's history.

So as the holidays approach, his lawyers figure that a lame duck president might be so sentimental as to grant a petition for clemency. It's hard to imagine that George Bush, battling the lowest poll numbers of his presidency, wants to add that one to his resume, though I suppose anything is possible. Heartless bastard that I am, I can't see how you justify sending Burress to the slammer while one of the biggest crooks of our era would receive a get-out-of-jail pass. That just does not add up.

Then again, Ebbers didn't scale the heights or fall from grace because he lacked for chutzpah.

Charles Cooper has covered technology and business for more than 25 years. Before joining CNET News, he worked at the Associated Press, Computer & Software News, Computer Shopper, PC Week, and ZDNet. E-mail Charlie.
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Add a Comment (Log in or register) (16 Comments)
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by luxduke December 4, 2008 2:53 PM PST
The decision should be rather simple: don't pardon either one of them.
Reply to this comment
by universeman December 4, 2008 2:54 PM PST
Hey Charles, stick to technology and business and away from gun control policy. What guys like you fail to understand is that the Second Amendment is as important as the First Amendment in protecting our freedom from bad government. You can't have rights without the ability to defend those rights yourself.

I know you don't like guns or the idea of people getting hurt (yucky!) but you don't outlaw fire extinguishers to get rid of housefires, either.
Reply to this comment
by charlie cooper December 4, 2008 3:49 PM PST
.i'm not interested in rehashing a constitutional debate over what the 2nd Amendment does or doesn't say. no, i'm not thrilled with handguns but it's pretty clear from what i wrote that i don't think much of ny's mandatory sentencing either
by rotorguy December 4, 2008 3:24 PM PST
Charles;

How to balance gun control with citizens rights to "bear arms" is a delicate and complex issue, and beyond the scope of your column, and my reply.

What is at issue is having two sets of laws: one for celebrities and "people of note" and another "for everyone else". NYC has gotten much safer over the years, and a large part of that is due to the reduced amount of handgun violence as a result of the mandatory jail time for illegal handgun possession.

Letting Burress off would send the message that jail time isn't mandatory if you are "special", which sets the precedent to take the teeth out of the few laws that has been effective. If Buress felt he had security issues that required firearms protection, he should have hired a guard who was licensed to carry a gun in NYC. As is, he demonstrated very clearly that 1. he is incapable of safely handling a handgun 2. the jail time is needed to ensure it doesn't happen again, and dissuade others who might think carrying a gun is ok.

I'm sorry the Giants and their fans will have to do without Mr Burress's services, but he doesn't deserve special treatment. Yes there are likely other "deserving" candidates for jail time, and when found they will go there too.
Reply to this comment
by jpkelly2 December 4, 2008 3:30 PM PST
This article was the biggest piece of junk I've read today (admittedly, I read a lot). Gun laws need to be revamped, yes. However, I am all for the right to bear arms... extremely pro-gun (and gun safety). Nonetheless, my problem is the lack of cohesiveness and the highly misleading title this article purports. While you try to alleviate some of these problems and admit being a leftist weenie (oh, look... now no one can call you out on it) you completely miss the fact that almost ANYONE can ask for a pardon for federal crimes short of impeachment and various conditional items. What's my point? My point is that to center an article around a hypothetical, unprovoked idea other than the fact that Ebbers filed for a pardon is just reckless journalism. You should be ashamed. Or maybe this is my right wing nut speaking. Or maybe I'm completely apolitical. You decide. And for Plaixo, he's an idiot. Everyone knows that topglock makes excellent glock-carrying accessories. Maybe they should make a special elastic waistband thug carry-all. End-point: they should both be in jail. Ebber's for being a greedy, uncaring jack*ss, and Plaixico for being an absolute childish thug. You probably want to blame video games for both.
Reply to this comment
by charlie cooper December 4, 2008 3:52 PM PST
put the coffee down. you're making a mountain out of a mole hill
by RobinQueens December 4, 2008 4:13 PM PST
Hey, I like guns as much as you do, but I believe Plax had an "expired" out of state permit. That makes it a bit different, As for Bernie, let him rot in jail, next to Plax. laws are laws and being a celeb, sports or business should not work to your advantage, as it does all too often, be happy that Antonio Pierce does not join him. oh for the record, and to prove my objectivity-- I am a Jets fan. lol.
Reply to this comment
by gggg sssss December 4, 2008 4:19 PM PST
Of course somebody else GOT that 11billion, including Cnet and its parent corps publishers, bankers, lawyers, PR flacks, car dealers, ******.. etc.. The money did not just evaporate. Those people should be forced to return it to those who invested in that Ponzi scheme. As for Plaxico. he should just aim the gun at hi shead. Clean up the gene pool a bit. Even better, he and Bernie could play Russian roulette. Best 2 out of 3.
Reply to this comment
by gggg sssss December 4, 2008 4:38 PM PST
those stars were Cnet sensoring my reference to ladies of the night. LOL
by Spartan_458 December 4, 2008 5:33 PM PST
Burress doesn't deserve special treatment, as it was his own fault for having an expired license. However, I fully support his right to bear arms. If we didn't have concealed carry, there would be quite a bit more crime.
Reply to this comment
by Pete Bardo December 5, 2008 10:36 AM PST
What's do you "may very well receive a mandatory prison sentence"? Mandatory means the judge has gottta do it, doesn't it? ANd the Giants are better of without him. What we have here is two jack*$$'s. I'm all for the right to own hand guns, and I also strongly support gun control. If you own one, you had better be able to control it!

BTW, gun control means being able to hit your target. It seems Plaxico missed.
Reply to this comment
by mikeege December 5, 2008 10:47 PM PST
I live in San Francisco and vote Democratic. I also own several guns - most because they are fun to take to the range and shoot, but one because I also think it's important to protect my home. In our society, we allow people to express their opinions, and some people will always hate what others say, or do, or have. Some of those people will cross the line and try to victimize others to express that hate. That's why free people should be allowed the means to protect themselves. The alternative is to take that right away, and that would necessitate taking all the other rights away to ensure everyone is protected. That said, Plaxico has an obligation to obey the law, as well as to handle his handgun responsibly. It's not impossible to get a gun permit in New York. As for Ebbers, it's clear that this is a case of abuse of the Presidential pardon power - but that has no bearing on Plaxico. I'd rather see coverage of the Plaxo lawsuit here - whatever happened to that?
Reply to this comment
by JMD1234 December 28, 2008 2:04 AM PST
Please join the online petition to keep him in jail!
http://apps.facebook.com/causes/181763
Reply to this comment
by LDDS1 January 1, 2009 1:15 PM PST
Ebbers isn't looking for a pardon - he's applied for a commutation. There's a whopper of a difference. He's looking for a reduction of the ridiculous 25 year sentence with no parole. Child molesters, rapists and murderers are eligible for parole but not prisoners in the Federal system. And as for the comment that "In 2005, he was convicted of fraud and conspiracy," it wouldn't be the first time an innocent person was convicted of crimes. The judge told the jury (in effect) you can convict Ebbers if you THINK he SHOULD have known. I mean, how vague is that? Weingarten should have gotten an appeal on that charge to the jury alone. Does Bernie deserve some jail time? I guess so since he was "convicted," but 25 years? Gimme a break!
Reply to this comment
by 1223454567qwweer January 6, 2009 3:40 PM PST
who wants my facebook? email is johndoe.is.sorry@gmail.com and password is 123456qwerty
Reply to this comment
by romans10man January 28, 2009 6:07 PM PST
I agree with LDDS1. Scott Sullivan plea bargained himself out of 25 years and got only 5years. Bernie meantime tells the truth and gets 25 years. As one law professor said after the trial; the jury just flipped the coin and Bernie lost. It was Scott's word or Bernie's. Plea bargain,lieand get off. What a great justice system we have in America!
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About Coop's Corner

Charles Cooper has covered technology and business for more than 25 years. A graduate of Queens College and Columbia University, Cooper received the Excellence in Journalism award from the Northern California branch of the Society for Professional Journalists for column writing.

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