Apple’s Star Chamber: An abusive judge and her prosecutor friend besiege the tech maker

“Impossible as it sounds, Judge Denise Cote has found a way to make the Justice Department’s antitrust assault on Apple even more abusive. Because it presumed to enter the e-books market, the court is forcing the company to pay for a special prosecutor to investigate itself—and shredding the separation of constitutional powers too,” The Wall Street Journal opines. “In July, Judge Cote of the New York federal district court convicted the iPad of being a conspiracy to increase digital book prices, though the tablet’s 2010 introduction increased competition and consumer choice and, er, lowered digital book prices. She then appointed her friend Michael Bromwich as an external monitor to review antitrust at Apple, which he has interpreted as carte blanche to act as the inquisitor of all things Cupertino.”

“That may be what Judge Cote wants. Before her bench trial began she pre-declared her ‘tentative view’ that Apple was an antitrust violator and indulged Justice Department arguments that have no precedent in antitrust jurisprudence. She essentially ruled before hearing the evidence,” WSJ writes. “Readers may recall Mr. Bromwich as the political fixer President Obama brought in after the BP deepwater oil spill. He worked for Iran-Contra independent counsel Lawrence Walsh in the Reagan era and as inspector general for the Justice Department in the Clinton years. He was confirmed for the latter job despite conflicts of interest; his mentor Philip Heymann was Deputy Attorney General and inspectors general are supposed to be impartial watchdogs. In 1994, Judge Cote wrote Mr. Bromwich an effusive endorsement letter to help push him over the Senate hump.”

“Judge Cote backed off her plan for secret communications with Mr. Bromwich when Apple objected, but otherwise she is giving her friend whatever he wants,” WSJ writes. “The Second Circuit where her ruling is on appeal should remove her from the case. Her condominium with Mr. Bromwich is offensive to the rule of law and a disgrace to the judiciary.”

Much more in the full article here.

MacDailyNews Take: This inexplicably continuing charade’s central issue is that Denise Cote is an abject moron.

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57 Comments

  1. The fees that Michael Bromwich wants to charge in his court-appointed role are insanely overpriced. It is a sleazy racket by a sleazy court-appointed administrator.

    1. They’re not defending Apple. They’re attacking a judge appointed by a Democrat and the Obama Justice Department. The bad part is they’re doing it with actual facts. Is no one in the White House awake?

      1. Are you a bit slow? Of course they are awake. This is their hit job. They are showing Apple that the Federal Government is in charge and you do what Obama says or you pay a big price. Now, the White House can get back to destroying the American health care system and the rest of the private economy.

        1. So you’re point is that the reason Apple is now doing assembly work in the US is because of this whack job, and not because of the superiority of the American work force? (Remember Jobs telling Obama “those jobs are never coming back”)

          That would take tremendous organization and coordination. Be advised, the motto of Democrats everywhere is “I don’t belong to any organized party, I’m a Democrat” (hat tip to Will Rogers). So you’re probably wrong. Just a rogue judge with early onset Alzheimers. And a lawyer with fewer than average scruples.

      1. … “Iran-Contra independent counsel Lawrence Walsh in the Reagan era”!
        Don’t try to get cute, JCR, you don’t have it in you.
        ON Topic: sounds like a chance for Apple to ask for judicial measures against both Judge Cote and her guy-pal for abuse of the system.

  2. Instead of the monopoly being held accountable (Amazon). the company that increased competition is attacked by the Justice Department. Denise Cote decides Apple is guilty before the case is tried and calls Apple executives liars. Her sly smile barely hides her evil intent in her Kangaroo Court. Unbelievable.

  3. This is what you get when you elect socialist DemocRATS.. Corruption & control… Hence why people are freaking out over ObaMaoCare… If this is what these people do to corporations, just wait until you see what they do to you! Recognition of this is too little too late by the low information voters..

  4. I have just read “Willful Blindness as Boardroom “Bad Faith”” by Michael W. Peregrine in Columbia Law School Blue Sky – http://clsbluesky.law.columbia.edu/2013/11/04/willful-blindness-as-boardroom-bad-faith/

    What I find most chilling and fearful coming from the article is that Judge Denise Cote and her henchman Michael Bromwich COULD BE PURSUING THEIR PARANOID BELIEFS THAT APPLE IS A HARDENED CRIMINAL (in that in the eBook case Apple still denies guilt while six “fellow conspirators” accepted “guilt” to save money*) and is searching for evidence (privately and conspiratorially thus illegally – in her “very house of law”).

    The way Bromwich entered Apple with imperial demands or could I say dictatorial demands throwing his weight around to disrupt the daily business of Apple’s staff and directors shows SS jackboot tactics, not the roll of a court appointed monitor.

    Judge Denise Cote digs her own grave by redefining on the fly her rules of engagement. At best such action as she showed is intemperate or ill-advised and at worst a gross illegal abuse of Judicial power. (I could add that her mercurial actions show why Muslims give women only half the credence of a man in their court. – Now there’s a cat amongst the birds!)

    USA Law and USA Judges are now being tested for fairness and impartiality.
    The Rule of Law cannot be broken by the Court, otherwise there is no law but anarchy.

    I will offer Judge Denise Cote some news in Apple’s eBook case – the Janitorial Department were the primary perpetrators and instigators of the eBook case, it is they that infected and thus controlled the minds of Jobs, the directors and others in Apple to enact a monopolistic idea. As Judge Denise Cote is continuing to search for evidence of guilt after her verdict she must leave no stone unturned and check if my allegation is true!

    I will further suggest that she exhume Steve Jobs and continue cross examining him!

    * There is a delicious irony that make the eBook case so ground breaking – “If Apple is found not guilty in the Supreme Court, what does that show of the self defined “Guilt” of the 6 co-conspirator publishers?
    Will the Supreme Court reexamine the 6 publishers as perjurers because by saying they were guilty when they were not they lied under oath?
    What does that show about legal advice in USA?

    1. Accepting a plea bargain is not perjury, per se. It is a decision by the defendant to choose between fighting what may turn out to be the good fight, and cutting your losses. If the defendant perjures themselves by accepting a plea, doesn’t the prosecution warrant examination for not doing their job by offering the plea? What if the defendants were mis-led by the prosecution or felt pressured (coerced) to accept the plea by the threat of even more serious charges?

    2. The “co-conspirators” did not plead guilty. They entered no contest pleas, while maintaining their innocence, purely for economic reasons. By doing so, no possible charges of perjury can be brought. These were civil cases, not criminal. . . liability only. Not guilt.

  5. Let’s see – any hints of incompetence or corruption in Bromwich? Special BP “fixer” for Obama, counsel to Democrat rogue special prosecutor Lawrence Walsh who pursued Reagan, and a Clinton Inspector General. What chance is there that a Democrat hack lawyer would be corrupt? More interesting, why is this now Obama hack targeting Apple? The Apple execs and all the Apple faithful are Pavlovian Democrat supporters. Why is Obama intentionally bringing the full force of the Federal Government against Apple? Make no mistake – this is an Obama attack on Apple. Probably Eric Schmidt bought Obama’s soul. Not much of value there

    1. Look no further than Amazon buying favours. Obama publicly praised the destroyer of jobs Amazon shortly after a setback in the ebook case.

      Amazon still increased its US employee count, which helps dems show improvements to the job situation. Apple should bring back more jobs, hire more or pay better.

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