August 20, 2005

Duke Cunningham is not the most sympathetic of victims, but there is something very disturbing about the lis pendens placed on his Rancho Santa Fe mansion (or, as they would call it in Texas, his "ranch"). It is based on a "secret" civil suit, filed but not served on the defendant, which alleges he is the beneficiary of a bribe, and the lis pendens is the first step toward the oft-odious use of a civil forfeiture claim. The lawsuit is being kept a secret so as to not give away evidence against the Congressman, which makes it next to impossible for him to defend himself. His only option is to move the court to release the lis pendens; the government will undoubtedly argue that to present evidence justifying their case would imperil ongoing criminal investigations, as if a politician receiving a bribe was tantamount to a plot by Al Qaeda. He may be a sleazy politician, but in the eyes of justice he must be seen as innocent.

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