Feeds

Kenneth Starr joins anti-Microsoft forces

'I did not have relations with that operating system'

  • alert
  • submit to reddit

The essential guide to IT transformation

Famously tight-lipped former special prosecutor Kenneth Starr has joined an anti-Redmond lobby group on the the day that the US Department of Justice defended Judge Jackson's indiscreet post-trial comments about Microsoft.

The legal briefing (PDF format) filed by the combined DoJ plus States prosecution team spends much of its 188 pages rebutting Microsoft's own rebuttal.

It's familiar stuff: claiming that Microsoft's defence quotes selectively from trial exhibits, although Boies has admitted that prosecution exhibits are also selective (albeit representative of the company's behaviour), he says. The filing also wants to cast out non-trial evidence Microsoft has dragged into recent filings.

The filing addresses public comments Jackson has made since the final ruling which - Microsoft says - show bias on the judge's part. But contrary to conventional legal punditry, Microsoft may have a hard time proving that the exasperated judge's remarks constitute grounds for recusal.

It cites the Supreme Court judgement that "opinions formed by the judge on the basis of facts introduced or events in the course of current proceedings... do not constitute a basis for a bias or partiality motion unless they display a deep-seated favoratism or antagonism that would make fair judgement impossible."

The DoJ produces Jackson's comments that he was "full of admiration" for Microsoft, and found it "innovative and admirable" in many ways. In response to Microsoft's argument that the post-trial comments breach the Judges Code, the DoJ responds that the code shouldn't apply when a case is over, and at the appellate phase.

According to Reuters, anti-Microsoft lobby ProComp has enlisted Kenneth Starr to help write a brief in support of the DoJ prosecution. Originally the Whitewater prosecutor, Starr expanded his job remit to include the Monica Lewinsky scandal.

If credibility with the incoming Bush administration is what ProComp need, Starr might be the man. Dubya's choice for Attorney General John Ashcroft - the man likely to assume responsibility for the Government prosecution - leant support and office space to the Starr team. But if rectitude and discretion are required. Ken's an odd choice.

According to the Washington Post's Bob Woodward, Starr originally intended his notorious, explicit eponymous report on the Lewinsky scandal for private distribution to key members of Congress. But it was then distributed on the Internet, and was being read within a couple of hours by Chelsea Clinton at the White House, and is credited with turning public support behind the old scoundrel.

Recent trial stories

With friends like these... MS amici file their briefs
MS denies everything in Trial II bid
MS appeal: judge 'whopped us upside the head'

Me and my big mouth...
'They could kick me off the case,' says MS trial judge
Breakup remedy was Microsoft's own fault, says trial judge
MS slams judge in Supreme Court filing

The essential guide to IT transformation

More from The Register

next story
BBC: We're going to slip CODING into kids' TV
Pureed-carrot-in-ice cream C++ surprise
China: You, Microsoft. Office-Windows 'compatibility'. You have 20 days to explain
Told to cough up more details as antitrust probe goes deeper
Linux turns 23 and Linus Torvalds celebrates as only he can
No, not with swearing, but by controlling the release cycle
Scratched PC-dispatch patch patched, hatched in batch rematch
Windows security update fixed after triggering blue screens (and screams) of death
This is how I set about making a fortune with my own startup
Would you leave your well-paid job to chase your dream?
prev story

Whitepapers

Endpoint data privacy in the cloud is easier than you think
Innovations in encryption and storage resolve issues of data privacy and key requirements for companies to look for in a solution.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Advanced data protection for your virtualized environments
Find a natural fit for optimizing protection for the often resource-constrained data protection process found in virtual environments.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.