U.S. DOJ accuses Apple of ‘character assassination’ in fight over antitrust monitor Bromwich

“The U.S. Department of Justice had harsh words for Apple in an ongoing dispute over the behavior of a monitor appointed to oversee the company’s ebook pricing practices,” Jeff John Roberts reports for Gigaom. “‘Apple has chosen a campaign of character assassination over a culture of compliance,’ the government stated in a new letter to the court, which also accused Apple of missing a chance to ‘change its corporate tone’ by working with court-appointed monitor Michael Bromwich.”

“The new letter comes after Apple filed a formal request last week to remove Bromwich, citing his excessive fees and a spirit of mission creep that led him to demand interviews with a long list of the company’s senior executives,” Roberts reports. “Bromwich was appointed last year by U.S. District Judge Denise Cote to ensure that Apple complied with new pricing rules. She imposed the requirements upon ruling that Apple had brokered a conspiracy to fix the price of ebooks, a decision that Apple is appealing.”

Roberts reports, “The situation brought withering criticism from the Wall Street Journal who called Judge Cote a ‘disgrace’ and said she should resign from the case for appointing a ‘greenhorn’ who is a personal friend. It also ridiculed Bromwich’s demands to interview Apple executives like Jony Ive, who have nothing to do with pricing, asking, ‘Does he want to disinter Steve Jobs too?'”

Read more in the full article here.

MacDailyNews Take: All of this rigmarole could have been avoided if Denise Cote wasn’t a pompous puppet.

Lady Elaine Fairchilde (left), Judge Denise Cote (right),or vice versa
Lady Elaine Fairchilde (left), Judge Denise Cote (right),or vice versa

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38 Comments

    1. That is not “Obama” administration specifically. That is just administration. Republican or Democrat, makes no difference, as crony capitalism and legalized briberes rule over Washington. This Bromwich, Cote, and Amazon’s lobbying law firm are all timed in the shower of money into which they are going dive in as soon as step-down, being “consultants” for the lawfirm through which Amazon funnels the lobby money.

    2. The Administration sets the tone and direction of the Justice Department and since the President has taken office, this has become one of the most offensive DOJ’s I’ve even seen. Almost within a week of taking office along with the always entertaining Janet Napolitano, they were issuing memos that returning veterans should be regarded as high terror risks.

      The Obama DOJ, among other things, literally bullied Aaron Swartz (co-creator of Reddit and internet activist) to death, over what? Releasing some documents that were available for anyone to use into the wild?

      They went on to toss fuel on the Obama RACIST effort to milk as much discontent out of the Trayvon Martin case as they could, making public statements about a case they had no business whatsoever commenting on.

      Now Obama has nominated a racist supporter of a cop-killer to head the DOJ Civil Rights.

      An entire book as been written by a DOJ Civil Rights Attorney and whistle blower (J. Christian Adams) exposing Obama’s “race obsessed Justice Department.”

      One thing seems rather intuitive to me. This DOJ is under the direction of the Administration directly. They reflect the amateurish tactics of the Administration in general. The actions of Cote and Bromwitch are disgraceful.

      1. And then there is the “Fast & Furious” illegal gun running scandal, in which at least on Border Patrol agent lost his life to a Mexican drug cartel member firing a weapon purposely supplied to him by the DOJ through its BATF scheme known as “Fast & Furious”. The idea was that if illegal gun sales were allowed to be completed, and the guns were then funneled to Mexico they would eventually show up in crime statistics and the Administration could then point to the need for stricter gun control. Gun dealers across the American Southwest repeatedly called BATF with suspicious transactions, but were told to “let the gins walk”.

        While this was going on Obama was assuring the Brady anti-gun campaign that he was “working under the radar” to tighten gun control laws and regulations. Eric Holder at first lied to Congress about his actions and knowledge pertaining to “Fast & Furious”, then stonewalled Congress as Obama invoked executive privilege to suppress any hard communications evidence.

        If the Administration has no qualms about schemes like this, they’d have no hesitation at strong-arming Apple at Amazon’s behest by pressuring/bribing a federal judge to decide the case and apply sanctions as they desired. The arrogance exhibited by the Administration and the DOJ is appalling. It’s clear that one of Apple’s major offenses is not being cowed by the DOJ and its minions, who seem to think Apple should “change its corporate tone” of independence and adopt “a culture of compliance”. That’s not at all what Apple has ever been about, and it’s not going to be any time soon, if I judge Tim Cook rightly.

        Obama and his administration are fecklessly dishonest, and don’t even have the decency to pretend otherwise. I can’t wait for this administration to come to an end. Hopefully, it won’t take another 3 years. Perhaps Obama will be the second American president to resign mid-term.

      1. No, just the Chicago thug tactics, the 20 million new added people on Food Stamps, the $6 trillion in added debt, the dead ambassador in Libya raped by the gangs in the street while Obama was issuing orders to stand down to the military (no help), the 5 refusal on the Keystone Pipeline, causing untold damage in oil spilled and fires when trains derail carrying oil the pipeline otherwise would, the destruction of our Healthcare system, the destruction of the banking system, and now the direct assault on Apple, because it commits the cardinal sin according to Obama – Apple earns profits. Of course, Obama has accumulated $100 million as an elected official. And he hates the rich.

        1. No, I will not do your work for you, you lazy scum. You find out the 2008 food stamp versus now. You check out U6 unemployment in 2008 versus now. You check out gas prices then versus now. You check out the national debt then versus now. You check out whether the Libyan ambassador, Chris Stevens, is dead or alive. You check whether Obama was found to have used the IRS to attack his political enemies. You check out whether the ATF actually had a program to give automatic weapons to drug cartels with zero tracking resulting in hundreds of dead Mexicans. You check out how much the Obama’s spent on taxpayer vacations versus the Bush’s. You check whether the lying sack of excrement closed down Gitmo, which he repeatedly said he would do. You check and see American families now save on average $2500 per year if they are signed up with an Obamacare exchange. You see if they can keep their doctors like the liar promised. The guy is a compulsive liar and a enemy of freedom. He should be in jail for the actions above that are all examples of incompetence and criminality.

        2. No, I will not do your work for you, you lazy scum. You find out the 2008 food stamp versus now. You check out U6 unemployment in 2008 versus now. You check out gas prices then versus now. You check out the national debt then versus now. You check out whether the Libyan ambassador, Chris Stevens, is dead or alive. You check whether Obama was found to have used the IRS to attack his political enemies. You check out whether the ATF actually had a program to give automatic weapons to drug cartels with zero tracking resulting in hundreds of dead Mexicans. You check out how much the Obama’s spent on taxpayer vacations versus the Bush’s. You check whether the lying sack of excrement closed down Gitmo, which he repeatedly said he would do. You check and see American families now save on average $2500 per year if they are signed up with an Obamacare exchange. You see if they can keep their doctors like the liar promised. The guy is a compulsive liar and a enemy of freedom. He should be in jail for the actions above that are all examples of incompetence and criminality.

          You only voted for him because you are so lazy you don’t even know anything. You know no history, no economics, no current events. You get your news from the Daily Show.

        3. I rarely do this, but these “facts” are so blatantly false that I’ll respond:

          “just the Chicago thug tactics” What Chicago thug tactics? Do you mean that Obama is regularly flying to Chicago and personally running an extortion or protection racket? Is alcohol illegal again, and Obama’s now running booze out of Canada? Or do you mean when he stood by and let congress hold the entire country hostage when refusing to do their jobs and pass a budget? Standing by and letting congress get away with that? Thug tactics indeed! (/S)

          “the 20 million new added people on Food Stamps” Oh, so you’re claiming that when CONGRESS passed a law allowing STATES to govern the rules for this program that even though the conservatives want STATES to control this program at a local level (and that local level governments can say who is in the program and who is not) that it was still Obama that added these people to the program.

          “the $6 trillion in added debt” Look at that debt as a function of what his predecessors did and as a function of both inflation and GNP. The Obama administration has done better than most administrations since the 70s.

          “the dead ambassador in Libya raped by the gangs in the street while Obama was issuing orders to stand down to the military (no help)” First, where do you get ANY evidence that the ambassador was “raped by the gangs”? You clearly make this stuff up. Also Obama did NOT issue orders to the military to NOT help. There has been no evidence presented anywhere that Obama called any general or the Secretary of Defense and said, “Don’t help.” None.

          The entire episode had so many misfires in that series of events no one — absolutely no one — had the real facts of what was transpiring — even days after the event. Several new agencies had to print very embarrassing retractions after posting pure rubbish as if it were fact. Your statements are no different — but I don’t expect a retractions from you.

          “the 5 refusal on the Keystone Pipeline” The Keystone Pipeline may, or may not, be a good thing. It definitely is a great thing for the businesses involved. Is it a good thing overall for the country in the long term? You don’t know. You just want to claim that Obama is wrong. (If the Obama administration were 100% behind the pipeline you’d still claim he was doing wrong. You’d probably side with the scores of environmentalists that are against it — some fanatically so.)

          “causing untold damage in oil spilled and fires when trains derail carrying oil the pipeline otherwise would” Ah yes, Obama personally caused all those derailments and oil spills — oh wait, there haven’t been any significant derailments of such trains or any significant oil spills. The fact that they haven’t occurred must be Obama’s fault too. /s

          “the destruction of our Healthcare system” Ah yes. The Supreme Court must be in Obama’s pocket as they said the Obamacare changes are 100% within what is allowed under the U.S. Constitution. What percentage of doctors (or other heathcare providers) or insurance companies have gone out of business since 1 January above that who went out of business in previous years? Zero. What net percentage of people have lost their health care since 1 January (those that newly get heathcare minus those that newly lose health care)? Oh yea. More people have healthcare now than in December. Seems the healthcare system has really been destroyed (NOT!)

          “the destruction of the banking system” The Obama Administration foolishly (IMHO) supported the same “too big to [allow to] fail” concept that George W. Bush’s administration had. The banking system was so propped up at the end of Bush’s administration and for the first couple years of the Obama administration that it couldn’t have been destroyed even if it actively tried to self destruct.

          “and now the direct assault on Apple, because it commits the cardinal sin according to Obama – Apple earns profits” So it is your contention that Obama personally has ordered judges and justices (your “direct assault”) to make Apple pay? You can’t just realize that it’s an idiot judge who does not know the difference between a Most Favored Nation Clause and a Best Customer Clause if it came up and bit her on the ass? Can’t be. No other idiot judge has ever been appointed by prior presidents, right?

          “Obama has accumulated $100 million as an elected official” Where do you get this ridiculous number? By the rules, even Obama himself isn’t allowed to control his net worth and couldn’t tell you how much he makes outside of his presidential salary (which is a tiny, tiny fraction of what many CEOs in the U.S. make). I guess you’ve never heard of blind trusts and such that all presidents (Democrat or Republican) have had to put up with for many, many years.

          Kent, none of your accusations hold up. None. And since I don’t expect you to come up with real facts. I’m really responding to make sure purely naive people don’t believe your fantasies.

        4. You display your total ignorance every time you post.

          Chicago thug tactics – using the IRS to audit and financially destroy political opponents. Obama used the IRS to target political opponents. Fact. Obama used the Federal bankruptcy to illegally wipe out the bondholder of GM and Chrysler when they by law should have been the first to have been paid. He is now using Obamacare to force Catholic orders of nuns to pay take part and endorse abortions, which is against their religion. There are hundreds of other examples.

          Foodstamp Participation – Obama used a trillion dollars of stimulus money (our taxes) that he promised would jump start the economy. Well, we are five years in and if the economy is growing why are so many millions more now on Food Stamps and about 10 million more are on permanent disability than 2008. Why are so many millions added to government welfare programs when we have such a brilliant leader? If the economy is so good, why do senior citizens get 0% on their savings accounts?

        5. Amazon supplied millions of dollars worth of in-kind help to the Obama election campaign. I’m sure they never expected, nor asked for any help with protecting their virtual monopoly in the eBook business. /s

  1. If you just start to read that letter its is galling to say the least. Just apply that language back at them and it more accurately describes the situation. This whole case has been the DOJ committing character assassination of Apple, just the reverse. If only I had wizarding powers, a generous application of the Cruciatus curse on Holder, Cotes and Butterman might do them some good or at least some long needed ‘tude correction. Failing that some wedgies and then a good tar and feathering followed by being drop kicked out of the halls of justice oughta do it.

  2. Isn’t it interesting that Apple “could have spent the last few months” cooperating with Bromwich when in fact tomorrow is when his work is supposed to begin? (That’s if I recall the Jan. 14 start date correctly)

    1. If it wasn’t about commercial espionage (leaking things to his helpers who could sell the info the highest bidders or their own customers), the provisions to make public anything Bromwich wanted sounded like straight out blackmail.

      This has NSA skulduggery all over it. Of all major companies, Apple was the most late to cooperate. Maybe shadowy cabals are trying to get things their way now that Apple commanded a huge chunk of the computing world.

  3. The one abundantly productive company in America — rather than use its business model as an example for other floundering companies, let’s have an inept, disfunctional (and leaky) government attack it because it cannot control it in order to run it into the ground like so many other things it “oversees.”

  4. Go for it DOJ and Holder, and I will include Obama (beginning to rack up as the single worse Democratic president ever in recent history), take down one of the most successful companies ever because of incompetence and arrogance. Meanwhile let Amazon row right along as they destroy the book business and small retail businesses in general. I fear for another Republican administration, but this administration cannot end soon enough.

      1. I don’t love the Republicans, but they did not have as their main goal destroying the private sector and ending individual liberties as fast as possible. We currently live under a dictatorship. Obama is pure Chicago thuggery with some half understood Marxist ideology driving him. Still, he likes to vacation a lot at only the most expensive places, from which to criticize the rich. Rich.

        1. OH PUH-LEASE!!!

          If Obama is some kind of socialist, he as, as one TV personality put it, “the worst socialist I’ve even seen”. The DOW has been doing just fine. Not really a sign of a socialist.

        2. Yeah, amazing how well the Dow does when the President gets the Federal Reserve to print a trillion dollars a year out of thin air and put it into the financial system. I wonder what the Dow would be if the Fed was not actively destroying the currency.

  5. Regrettably, I have come to realize that, were I required to state my opinion of the performance of the DOJ concerning the “price fixing” case against Apple, of the judge, of the lawyer designated to monitor Apple, and especially of Lawrence E. Buterman in characterizing Apple’s position, those parties would likely charge me with character assignation. So be it.

  6. I was dumbfounded when Obama was elected in 2008. But after 4 horrible years of his reign, he was reelected, which was even harder to believe. People were bribed in 2012 with handouts and other government support. Why can’t these people see the big picture? Why don’t knowledgable people vote? If Obama hasn’t been elected, we’d be doing much better financially. Also, I wonder if Apple will turn the tables on Amazon for their near-monopoly in the ebook market and also The bribery of Judge Cote? Or perhaps the government for their character assassination of Apple (a much needed thrashing)? Obama really does seem like his mission in life is to destroy the U.S.. Maybe he is actually from Kenya.

  7. Ah I love watching those citizens from a now terrorist nation fight amongst each other like you are doing now. Kinda makes me feel that the free world is safe.

    Of course I’d much rather see the people the “we the people” bring a country back to the moral high ground it once enjoyed. Maybe you need a civil war amongst yourselves first.

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