From the WSJ Opinion Archives
THE WESTERN FRONT

The Just Trumps the Jest
Jim Traficant learns the laughingstock market has crashed.

by BRENDAN MINITER
Monday, July 22, 2002 12:01 A.M. EDT

Rep. Jim Traficant is a buffoon, a felon and a disgrace to the Ohio voters who put him in office. But even as he warned the House Ethics Panel that he would kick the opposing counsel "in the crotch," he stood as a shining example of the strength and vitality of the rule of law in America. For it is our judicial system that is giving the tackiest and most corrupt member of Congress all the respect justice affords him.

Traficant is, of course, the loudmouth Democrat who was convicted of 10 felony counts of corruption in April and is facing expulsion from the House this week. He seemed to do everything in his power to ensure his conviction. First, he committed widespread and easy-to-spot corruption, accepting bribes and demanding that his staff work on a family farm and pay him kickbacks. Some of these crimes were even caught on video. He also made sure to alienate all political allies; the Democratic caucus booted him for voting for Republican Dennis Hastert for speaker. Then the man with a habit of insulting people and no law degree decided to defend himself in court. During the trial he all but admitted guilt, telling the judge: "There is a political system in Youngstown that is very oppressive. I had to do what I had to do to win. People in Youngstown know that political system. They know Jim Traficant."

Perhaps his most puzzling statement came during the trial, when he explained why he didn't want to take the stand. "For me to expose myself to questions that may not necessarily be relevant to the issues at hand, but may make a juror question some part of my character or some part of my behavior, would be absolutely foolish." Right.

But throughout, his judicial strategy was clear: dismiss the facts, and try to win by impugning his accusers' motives. He continually argued that the government was out to get him. "I hate those bastards," he said of the people at the Justice Department.

He might be forgiven for assuming he could win this way. After all, we've had a string of high-profile cases from O.J. Simpson to Bill Clinton in which defendants successfully used such tactics.

What's changed, however, is now we're fighting a war with an enemy that questions the very legitimacy of Western civilization, including the rule of law. We are waging this war in America's courtrooms as well as on battlefields across the globe. Americans are in no mood for mockery of our judicial system.

Traficant should've stopped to notice this. He might have seen the many similarities his case has with that of Zacarias Moussaoui, the alleged "20th hijacker." Like Traficant, Moussaoui decided to defend himself despite not being a lawyer. What followed quickly became judicial theater as Moussaoui argued he should be let off the hook because the government was out to get him. Coincidentally, Moussaoui's fate may also be decided in the next few days. Last week the alleged terrorist confessed his connection to al Qaeda and his allegiance to Osama bin Laden. He then tried to plead guilty. The judge told him to think it over; he's due back in court on Thursday.

John Walker Lindh walked a similar road. Lawyers for the American Talib started out making ridiculous claims--among them, that a reporter who interviewed him was a government agent and should've read him his rights. But even Lindh came to realize justice these days comes down to the facts. Last week he dropped the shenanigans and accepted a plea bargain that will send him to prison for as long as 20 years. It wouldn't be too surprising if Moussaoui also cuts a deal, and fast, with the feds.

It seems Lindh and Moussaoui have a better understanding than at least one member of Congress that the world changed on Sept. 11. In Traficant's world, even the loss of his career and freedom are no cause for seriousness. He promises to dress in a denim suit as he takes to the floor of Congress one last time this week. "I may throw some karate shots in there," he says. "You are looking at a man who may be re-elected from a prison cell." He's probably right, except the part about re-election.

Mr. Miniter is assistant editor of OpinionJournal.com. His column appears Mondays.