“Freindly Fire Zone”

Get a hit just one out of three times, and you’re in the Hall of Fame. Get nine out of ten problems right on a math test and you’re a star student. Nail one of the biggest political dirtbags in Pennsylvania history with 100 percent success --- gaining convictions on every one of 137 federal counts ---  and you’re the bad guy.  You’re the one who gets roundly reamed out in very public fashion.  You’re the one criticized for disregarding the law.

In becoming the new poster boy in the “What the F&*# was he thinking?!” category, United States District Judge Ronald Buckwalter did the unthinkable --- again --- by giving former State Senator Vince Fumo a Get Out Of Jail (Almost) Free card. 

Convicted of charges in 2009, ranging from public corruption to tax offenses, and from fraud to obstruction of justice, Fumo received the appallingly light sentence of just 4 ½ years.  People routinely get sentenced to a whole lot more for a whole lot less.

But this Judge, who before the trial was viewed as somewhat competent, made a series of mistakes after conviction, including incorrectly reading the sentencing guidelines. So he was forced by an appeals court to re-sentence Fumo.

Despite the fact that:

A) Every one of the convictions still stood,
B) Federal sentencing guidelines called for 17 to 22 years,
C) The public and legal community had been outraged at the original lenient punishment, and
D) Fumo showed absolutely no remorse --- none ---, which the Judge acknowledged,
E) Buckwalter gave Fumo six more months.  That’s not a typo.  Not six more years, which itself would have been woefully inadequate, but six short months.

Just writing that is enough to make you vomit.

Ronald Buckwalter is an absolute disgrace to the federal bench, and his flagrant disregard for justice calls into the question the very nature of lifetime judicial appointments.  There is simply no rational explanation for his pig-headed decisions regarding Fumo, but making the sin mortal was chastising the U.S. Attorney’s Office. 

That’s like a parent blaming the teacher because his child bombed the test.

The investigation, which started under then-U.S. Attorney Pat Meehan, was thorough and professional, without so much as a single black mark. The investigators brought what they believed to be an iron-clad case against Fumo, and a jury of Fumo’s peers obviously agreed.

In appealing Buckwalter’s original sentence, the Office again acted responsibly, correctly noting Buckwalter’s mistakes, and seeking the only thing that everyone but Fumo and his dwindling posse wanted: justice.

*****

An appropriate punishment at the original sentencing should have ended the Fumo saga, but like the referee who feels compelled to upstage the players and become the center of attention, Buckwalter seemed to want the headlines for himself.

Mission accomplished Judge.  But at what price?

His disparagement of the U.S. Attorney’s office without a doubt provided ammunition for future defendants to argue that they too are the victims of overzealous, politically-motivated prosecutors. Wittingly or not, Judge Buckwalter opened a Pandora’s Box that will be very difficult to close.

In calling the prosecution excessive, Buckwalter stated that Fumo should not have been charged with so many counts, when in reality, he could have been charged with more. He even went so far as to label the prosecution’s efforts “unfair.”

Unfair?

No, the prosecution was more than fair.  They didn’t commit the crimes.  Vince Fumo did.  What’s patently unfair is letting him off easy because he was an “effective” legislator (which, by the way, is one of the biggest myths in all of Harrisburg, but that’s another story.) and because he was involved in charitable works.

Excuse us, Judge, but what does that have to do with anything?

You do the crime, you do the time.  It’s that simple.  And for the other factors that may have played a role in leniency, they too should have been irrelevant.

If, because of poor health, Fumo would have died in prison if given a longer sentence, so be it. If, because he would have been a very old man getting out of prison had he gotten the lengthy punishment he deserved, that’s his problem.  No one held a gun to Fumo’s head to embark on a life of crime.

To give Fumo what is perceived by most to be special treatment is, in some respects, the biggest crime of all.  Not illegal, of course, as sentencing is at Buckwalter’s discretion, but criminal in the sense that justice was not adequately served.

Perhaps more than any other city, Philadelphia has a reputation for rampant, institutionalized corruption. For decades, the bad guys always seemed to operate with impunity.  From rigged elections to pols illegally living it up on the taxpayers’ dime, the perception, rightly so, was that the politically-connected could operate above the law, and the average Joe got the shaft.

But then a funny thing happened. After witnessing numerous convictions at the city, county and state levels, most notable in the Bonusgate scandal, the public started to believe again.  Hope was renewed.  Turns out that the people, through their honest, hard working prosecutors, were fighting City Hall --- and winning.

Faith in truth, justice and the American way, now restored, hit its pinnacle when Vince Fumo, once untouchable, was brought back down to Earth, led away in handcuffs. But when the original sentence was announced, the collective breath of our society was forcibly expelled, the result of an immense kick to the gut.

Yet hope remained, if by a delicate thread.  It wasn’t over.  Maybe, just maybe, things would be made right, and Vince Fumo would finally “get his” at the re-sentencing. But as before, the people were left devastated, angry, and dumbfounded. Somehow, Fumo escaped the fate he deserved.

And with that, all the goodwill and hope that had been cautiously accumulating evaporated in a heartbeat. Fool me once, shame on you.  Fool me twice, shame on me.

The bitter hardness that is Philadelphia’s attitude just got stiffer.  As a direct result of the Fumo travesty, no longer do folks believe in fairness, but instead have reverted back to the “they’re all corrupt, they’re all in it together” mentality. And who can blame them?

No matter how you slice it, the bad guys came away with the better hand, and the good guys finished last.  Thank you, Judge Buckwalter.

There is no worse death that the end of hope. And more than anything, that’s why Philadelphia is dying.

Case closed.

Chris Freind is an independent columnist, television/radio commentator, and investigative reporter who operates his own news bureau, www.FreindlyFireZone.com  His self-syndicated model has earned him the largest cumulative media voice in Pennsylvania. He can be reached at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

In the 1970’s, a special state prosecutor was appointed to investigate “ongoing, widespread and systematic corruption” at every level of the police department in Philadelphia. Despite allegations that police engaged in bribes to permit gambling, prostitution and other illegal activities, the investigation came to known simply as the “Hamburger Report” because it revealed that some cops had accepted free hamburgers from a restaurant.

The serious charges were overlooked by the media and public as the hamburger issue took center stage, ultimately discrediting much of the hard work put forth by the investigators.  It was irrelevant that the hamburger allegation, in the grand scheme of the report, was extremely minor.  The circus surrounding the burgers ruled the headlines, and the more important issues suffered.

That same type of situation is now engulfing New Jersey Republican Governor Chris Christie, as he continues to navigate the political minefield that has come to be known as “CopterGate.”
It is an issue that, in reality, is irrelevant to governing the state, but is quickly turning into an agenda-threatening quagmire from which the Governor has yet to extricate himself.

                                                                        *****

As my grandfather always said, “arrogance isn’t arrogance if you can back it up.”

Given the national attention generated from Christie’s substantial achievements --- accomplished despite sizable Democratic legislative majorities --- that quote has been most applicable to the Governor.

Until now.

Critics and political foes winced in despair as they saw that Christie was an immovable object when it came to reining in out-of-control public sector unions, putting the brakes on state spending and making teachers more accountable, all while not raising taxes. He was a man on a mission, barnstorming the state to sell his ideas and explain why painful cuts were necessary. Chris Christie, unlike some other Republican governors from critical swing states, understood what the bully pulpit was, and redefined how to use it to maximum effect.

He is a leader who rarely reads a speech or uses a teleprompter, and actively courts the media rather than avoiding them.  His blunt, down-to-earth and sometimes in-your-face style resonates not just throughout the state, but the nation. The fact that he is a politician who actually speaks his mind, and does so off-the-cuff, has made him --- although not all his policies --- extremely popular.

But there is a danger in Christie having such an aggressive, and some say, abrasive personality, given that he is involved in so many controversial issues and holds himself to a higher standard.

While that style can score the Governor huge political points, it can also be an Achilles heel when an unexpected negative comes along.  Such a personality is one that seems to throw fuel on the fire.

Christie is just learning that concept.

The Governor recently took a state police helicopter to his son’s high school baseball game, landing in full view of the spectators and riding in a black car with tinted windows the two hundred feet to the bleachers.  Several innings into the game, he took off and flew to the Governor’s mansion --- to meet with presidential fundraisers from Iowa.

Christie was caught offguard by the ensuing firestorm, and, as a result, voluntarily reimbursed the state police for the first leg of the trip, and had the state GOP organization reimburse the trip to the mansion.

At a press conference, he did not apologize nor admit wrongdoing, and stated that, while his trips were legal (which they were) and appropriate, he made the reimbursement so as not to “allow” the media and political “hacks” to turn the CopterGate issue into a circus.

He also said that he would not “permit” the issue to divert attention from the serious problems facing New Jersey.

That all sounds good, but reality is something entirely different. As the Governor should know, those things are not within his power to control.  The story not only isn’t going away, but it’s a certainty the Democrats are already producing television ads attacking Christie for what they will undoubtedly label as a hypocritical and elitist action. 

Like the Hamburger Report, it’s irrelevant whether the Governor thinks the issue is a trivial one that should just go away.  Perception is reality, and Christie’s adversaries will make sure that the public and media perceive the issue to be more important than it really is. Some legislators are even calling for hearings investigating his use of helicopters and whether anyone was denied medical transport because of the Governor’s baseball game trip.

It’s classic Politics 101.  When you can’t beat your opponent on the real issues, find something juicy (but unimportant), and run with it.  Getting a powerhouse like Chris Christie off-track is just as good as defeating his agenda.
 
                                                                          *****

Christie is too strong to be down for long, and he will weather this storm. And assuming he doesn’t hand his political foes another golden opportunity, his reputation will recover.  But there are certain truisms, fair or not, that he would be wise to understand, especially if, as many expect, he runs for President in the future.

1) You are a Republican, and there is a double standard. Deal with it.  The media, overall, is a facilitator of that, and it’s not changing anytime soon.  The quicker GOP leaders understand that, the more effective they are.

2) You are, most definitely, not an MIA, Do-Nothing Governor.  The fact that you are tackling the toughest issues --- in heavily-unionized, traditionally Democratic New Jersey, no less --- and winning, is remarkable.  But that makes you a target, and your adversaries, who have been unsuccessfully looking for a way to dent your armor, for once hit a bulls-eye.  Don’t give them another opportunity, since they cannot win on the issues.

3) Rationalizations for un-shrewd political moves only make the situation worse.  Stating that your predecessors used helicopters much more than you have, the pilots need the airtime anyway, and even reimbursing the state police, are meaningless, as the damage is already done. (Truth is, Christie has used helicopters very sparingly, flying only 33 times in 17 months, versus, in some cases, over 1,000 trips by former governors). The issue is not a Governor using a state helicopter, but using it for personal and political trips.

4) No one disputes that you are a dedicated father who cherishes watching your son’s game, but 99 percent of other parents feel the same way, and a majority of them often cannot make those games due to work constraints. Your use of state resources, whether or not they are cost-neutral, makes you look like anything but a man of the people.

5) The only way not to “permit” serious issues from being sidetracked, and not “allowing” the media and the “hacks” to turn these types of issues into a “circus,” is to not give them the material to do so.

                                                                                     *****

In a little over a year, Governor Christie has done the impossible.  He has made New Jersey relevant and competitive, and, more important, brought a palpable sense of pride back to residents of the Garden State.  In doing so, though, he has also made many self-interested enemies who have been breathlessly waiting to pounce on the Governor for first mistake.

While he opened the door for them in a way that was wholly preventable, he has the force of personality to slam it shut by not repeating that kind of mistake.  For the sake of New Jersey, let’s hope he does, so that his remarkable successes do not get overshadowed by Jersey’s own Hamburger Report.

Chris Freind is an independent columnist, television commentator, and investigative
reporter who operates his own news bureau, www.FreindlyFireZone.com

Readers of his column, “Freindly Fire,” hail from six continents, thirty countries
and all fifty states. His work has been referenced in numerous publications including
The Wall Street Journal, National Review Online, foreign newspapers, and in Dick
Morris' recent bestseller "Catastrophe."

Freind, whose column appears regularly in Philadelphia Magazine and nationally in
Newsmax, also serves as a frequent guest commentator on talk radio and state/national
television, most notably on FOX Philadelphia.  He can be reached at This e-mail address is being protected from spambots. You need JavaScript enabled to view it