There are hardly any human beings who have not had the feeling of disappointment following the failure of one’s expectations, and in most cases a person focuses primarily on the decisions that contributed to a poor outcome as much as the outcome itself. After President Obama won a resounding victory over Willard Romney in last week’s election, there has been no dearth of analysis into what Romney’s campaign did wrong that contributed to his loss, but the prescient analysis should be what the outcome of the election means to Willard Romney. Throughout the campaign, there were questions why Willard was seeking the White House when he apparently had no real convictions other than, as Mrs. Willard stated, “it’s our turn, it’s Mitt’s time,” and arrogance aside, there had to be some reason he sought the highest office in the land, and it appears there was at least one very specific reason the public was not aware of.
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 believable the Delaware court held up a legitimate Motion for 14 days expecting a friend of Bain Capital and Romney would head the Justice Department and dismiss the eToys case investigation, and the fact that the day after the election the judge granted a hearing certainly adds credence to the assertion. The good news, though, is that eToys investors and the whistleblower will finally have their day in court and without interference from Bain Capital’s lawyers, justice may finally prevail. However, it is bad news for Romney who told a mine owner facing a racketeering investigation that, “We get a lot of charges, this will go away,” because now that he is a regular citizen, this may not go away and he may face the same consequences as any other American. There are myriad implications stemming from Romney’s loss to President Obama last week, but for eToys investors and law-abiding citizens everywhere, the most important one may be seeing justice prevail.