THE BURNED OVER DISTRICT

Or that of his son? Politicus looks at some potentially incriminating actions that would let one draw the conclusion that Mitt Wanted a friendly Attorney General.

It is absolutely true that Romney was looking forward to cutting his own tax liability to zero, privatizing the federal government, handing the Social Security Trust to Wall Street, and waging perpetual war, but with a plethora of investigations and allegations of corruption into his finances on the horizon, appointing a friendly Attorney General was certainly a primary reason for seeking the presidency. To date, Romney’s legal troubles include fallacious FEC and SEC disclosures, an investigation into him and his son’s connection to an $8.5 billion Ponzi scheme, and concealing over $15 million from the auto-bailout, and now his surrogate’s malfeasance and perjury in the eToys bankruptcy case.

Exactly ten days ago, this column reported on a Delaware bankruptcy court’s failure to enter an Emergency Motion into the public docket that included Bain Capital and Romney operative’s perjury and corruption in the eToys bankruptcy case. At the time it appeared the judge was protecting Romney and Bain Capital by suppressing the Motion in expectation he would win the election and have the Motion tossed out of court leading to the question; “is Romney’s main impetus for seeking the White House to appoint an Attorney General who will guarantee that all charges against him will go away?” Well now that he lost the election, it appears the allegation had merit because on November 7, the day after his crushing defeat, the Delaware bankruptcy court judge entered the motion into the public docket and scheduled a hearing for December 4, 2012; all on the same day.

It was a victory for the whistleblower and eToys investors, and incriminating for the Delaware court and Willard Romney because although the judge received the Emergency Motion on October 24th, it was withheld from the public docket until after it was clear Romney lost the election and would not be appointing an attorney general to drop the case. According to Federal Rules of Civil Procedure, Rule 79 says when a motion is received by the court, “The clerk must keep a record known as the civil docket, and must enter each civil action in the docket and assign consecutive file numbers, which must be noted in the docket where the first entry of the action is made.” Instead of putting the Emergency Motion into the public docket immediately when it was received, it was held up until the day after the election and gives the very believable appearance the court was waiting for election results before either acting on the Motion according to the law, or letting it languish until Romney appointed a friendly attorney general.

Assuming Romney would appoint a friend of Bain as attorney general is an entirely realistic assumption because Bain Capital’s corrupt lawyers were let off the hook when George W. Bush appointed another Bain lawyer as Delaware U.S. Attorney who refused to investigate and eventually drop the eToys case instead of prosecuting and forcing Bain to repay investors who were bilked out of their money. Now that there will finally be a hearing, the court will learn (again) that Bain Capital’s lawyers did illicitly obstruct justice and destroy evidence in the eToys case by asking (and receiving) permission to Destroy the Books & Records as well as confess to supplication of more than 14 erroneous affidavits to the Delaware federal court. It is long-overdue justice that may have went uncontested if Romney had won the election and it leads one to believe that the “shell shock” Romney’s campaign reported him experiencing may have more to do with impending judicial due process than just losing the election.

It is hard to imagine him finding a friendlier Attorney General than Eric "Hack" Holder but then some people are never satisfied.