An essay Enron Task Force prosecutor John Hueston wrote in Spring 2007 for the American Criminal Law Review, titled Behind The Scenes at the Enron Trial: Creating The Decisive Moments has gone missing. Until about a week ago, it was on his company website, right beside a photo of him and a list of his accomplishments. Now?
We here at the Cara Ellison blog, smartypants that we are, can hazard a guess about what’s going on. We guess, first, that Hueston is a very popular man with Jeff Skilling and his defense team. It seems Hueston’s now-vanished essay was quoted liberally in the former CEO’s appeal brief, including comments that the prosecution had no proof that Skilling and Ken Lay were actually guilty so they’d have to work extra hard to make the jury convict. And that he used propaganda-piece The Smartest Guys In The Room as a roadmap to conviction. Things like that. (If you’re only a casual observer of the Enron fiasco, you may not know that Sean Berkowitz, the varsity captain of the Task Force, was dating Bethany McLean, the author of Smartest Guys during the trial.)
We can also guess that neither his private practice nor the DOJ is too happy with him at the moment for bringing attention to the DOJ’s mob tactics.
Our hypothesis is Hueston got spooked when he read his own words in Skilling’s defense brief and yanked that baby down quick before any further damage was done.
But luckily, all is not lost. I have a copy. Please feel free to download John Hueston’s essay here. Print and pass them out to your friends. Give them away for St. Patrick’s Day gifts. Use it for birdcage liner – after you read every word of it. It is an astonishing piece of legal
crap work that deserves serious scrutiny.