Don’t retry Barry

Given a budget that prevents the federal government from trying all instances of suspected wrongdoing by public officials, what should have been done with the following:

a) A U.S. representative who perhaps knowingly, perhaps not, sponsored a whorehouse in his home?

b) A senator who hid speaking fees he had collected and illegally accepted limousine and housing reimbursements?

c) A coterie of career politicians who idly watched, and in some cases profited from, greedy, foolish and often illegal investments that in eight years produced a $500 billion deficit to be covered by taxpayers?

d) A mayor with cocaine in his pocket?

Rep. Barney Frank said, “Sorry about the prostitutes,” and the House said, “OK, but watch yourself next time.” Sen. Dave Durenberger said, “I was wrong to take all that money, I guess,” and the Senate said, “OK, just don’t do it again.” The House and Senate members rose in unison and sang out, “We guess banking deregulation was a bad idea,” and probably will be re-elected for their honesty.

For Washington Mayor Marion Barry, however, salvation won’t come as easily. Mayor Barry, who is black and apparently never learned that it’s better to be contrite than be convicted, was charged with 14 drug and perjury counts, but was found guilty only of a misdemeanor, drug possession, and was acquitted of a charge of buying drugs. The jury could not agree on 12 other charges against him. This, after an elaborate government sting operation, a questionable network of informers, and an overly long, multi-million-dollar trial with made-for-TV theatrics that resulted in the further deterioration of black-white race relations.

Washington, D.C., has never had the best race relations anyway, and after watching several white officials be excused for their indiscretions but Mayor Barry nailed for his, black leaders were right to wonder whether the blindfold of justice had begun to admit certain colors and not others. Even after the mayor’s trial, U.S. attorney Jay Stephens is not content to end the matter.

While the recently chastened senators and representatives go back to whatever it was they were doing before they were caught, a new trial may await the mayor. Attorney Stephens said he will decide early next month whether to retry Barry on certain charges, and indicated that the government has found other charges to lay on the mayor.

What Barry did was illegal, and from testimony it seems that the way he did it was fatuous and arrogant, but he belongs to a large club in Washington. Barry should not be retried while more powerful political figures escape with mere in-house censure and the government’s selective prosecution takes on increasingly racial tones.