How much preparation does it take to tell the truth?

by Andrew Coyne on Sunday, May 10, 2009 11:40pm - 35 Comments

090511_mulroney2As we await Brian Mulroney’s appearance before the Oliphant inquiry, we’re hearing a lot about how well-prepared he is:

After long hours of preparation with his band of lawyers, Mulroney is apparently in good form.

“He reminds me of a political leader mid-campaign, pre-debate, at the end of a long set of preliminary rounds, well-prepped, psyched for the main event,” Robin Sears, a spokesman for Mulroney said in an e-mail exchange.

“People forget that he is an incredibly disciplined lawyer as well as the most effective (political) strategist of his generation, comfortable with thousands of pages of evidence, chewing over strategies and lines of engagement, legal process and nuance.”

Prepped? Psyched? Strategies? Nuance?

Mulroney knows what went on between him and Schreiber. If he’s got “nothing to hide,” all he has to do is tell us. As he could have told us at his deposition in 1996, or in front of the ethics committee. Or, indeed, any time. It doesn’t take an army of lawyers. You just open your mouth and talk.

As they say, the great thing about telling the truth is it’s easier to keep your story straight.

INSTADATE: And then there’s this business:

Mulroney has been offered an opportunity to make an opening statement to the inquiry headed by Justice Jeffrey Oliphant – a chance that his advisers say he’ll probably pass up.

He will, however, have the advantage of facing his own lawyer, Guy Pratte, on his opening day of testimony and possibly for part of the second day as well.

The aim, says Sears, will be to let Mulroney “frame the story from the point of view of how it was lived by him.”

Huh? Since when does a witness get to be grilled by his own lawyer? I know the commission counsel gets to question him later, but by then the story will indeed have been well and truly “framed.”

No other witness has been accorded this treatment — certainly not Schreiber, his business partner in the dealings under scrutiny. I’m told there is no precedent for it. (UPDATE: Er, no, I’m quite wrong on this point: see this post in the comments. Apologies, I should have double-checked.) Well, there is in one sense: the precedent that the ethics committee set, when it let Mulroney testify without putting him under oath — again, a privilege that was not extended to other witnesses, one in particular.

Why are we doing this? Why the special treatment? Especially for a witness who has shown on other occasions that he could be less than wholly truthful…

INSTADATER: And there’s this, equally perplexing moment:

“What’s left out there, is a suspicion, because there are lot of suspicions … and I want to clear up that suspicion,” Wolson said.

Schreiber confirmed that the meeting was about a man who was a mutual acquaintance of Schreiber and Mulroney who was having some personal difficulties and that they were trying to see if they could help the man.

It has absolutely nothing to do with the matters before this inquiry,” Wolson said.

“No,” Schreiber said.

As Norm Spector writes:

Since when does a witness — or even the chief counsel — have the right to decide what is relevant and what is not to the work of a commission set up by the government? Is that not the prerogative of the Chairperson? And, unless there are compelling privacy concerns at play, shouldn’t the identity of the “mutual acquaintance” be known to Canadians, in order that we, too, can form our own opinions about the relevance of the secret meeting to the work of the commission?

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  • madeyoulook

    Mulroney knows what went on between him and Schreiber. If he’s got “nothing to hide,” all he has to do is tell us. As, indeed, he could have told us at his deposition in 1996, or in front of the ethics committee. Or, indeed, any time. It doesn’t take an army of lawyers. You just open your mouth and talk.

    Or write. Maybe a half a chapter in an otherwise big book of memoirs. That’d be nice. Maybe it’ll happen when his book comes out. What’s that? It’s already out? Big thick book? Nothing in there about it? Oh.

  • Mike T.

    Didn’t he fail the bar exam like twice? And while I have no doubt he can hammer out a multinational finance deal with the best of ‘em, I doubt he’s been in a court where people are being questioned in decades, if ever.

  • Liz

    Just as long as Canadians get theri $2.1 Million back. Mulroney’s legal basis for that settlement has been discredited. Time to pay the piper on that score at the very least.

    • SAB

      Presumably achieving that would require a lawsuit as opposed to a circus.

    • herringchoker

      To get the $2.1 million back the gov’t would have to agree to reopen the original lawsuit (which was for $50 million). It’s a little thing called “fundamental justice”. The gov’t can’t go back on a negotiated settlement without returning to the staus quo ante; that is, staring down a lawsuit they were about to lose. The problem with the original lawsuit, from the gov’t's perspective, was that they had no case. They had said that there was a conspiracy to defraud, but didn’t have any evidence. (It’s why the gov’t lawyer at the Mulroney deposition didn’t ask any probing questions: despite three years of criminal investigation, the RCMP hadn’t unearthed anything linking Mulroney to Airbus). That hasn’t changed and worse yet, if you were having to defend the Gov’t of Canada, they can’t even turn KHS with an immunity plea at this point, as he already acknowledged having sworn to things that weren’t true in his deposition. All the gov’t has is a bunch of unanswered questions about why Airbus paid commissions to KHS when they had a contract with Air Canada which prohibited commissions. (Why they never thought to ask Airbus what the commissions were for seems to have escaped everyone.)

      It’s possible that Mulroney wouldn’t fare all that well in a second lawsuit, but I wouldn’t bet against it. On the plus side he could spend his golden years deposing his former tormentors at the CBC and among the Chretien gov’t. You know, people like Allan Rock, Jean Chretien, Herb Grey (who got off scot free the first time), as well as Kimberly Prost, Stevie Cameron and Harvey Cashore. I expect that the current occupant of 24 Sussex wouldn’t be all that upset by such an outcome but, at the end of the day, the taxpayers would be on the hook for a lot more money. Of course, no amount is too much to get to the bottom of things, if it keeps the Globe & Mail happy.

      • herringchoker

        deposition = affadavit.

        KH filed an affadavit that started this whole circus rolling.

        • Liz

          Nail him on perjury. RCMP must be able to make a case against meeting an acquaintance for coffee once or twice versus fancy lunches in international 5-star hotels and accepting envelopes stuffed with cash. Brand new case. Surely the Harper Party of Law’n'Order can get ‘er done. It IS the right thing to do.

          • herringchoker

            Dream on!

            Being non-specific in a deposition doesn’t rise to perjury, particularly for someone under criminal investigation. The government lawyer, Claude-Armand Sheppard asked a lot of general questions, which Mulroney danced around. As Kaplan put it: “Government lawyers had the opportunity to put Mulroney’s relationship with Schrieber under a microscope. But not once in the hundreds of questions they put to the former prime minister was he ever asked point-blank whether he had accepted money from Schrieber – even though the central claim made against Mulroney in the 1995 letter was that he’d been paid off.” Even the denial that he had any business with Schrieber wasn’t clearly a lie, the statement was made in response to a question about Airbus.

            If a judge were looking at the case the first question would be, why didn’t the gov’t lawyer ask any questions based on the “reliable information that Mr. Schrieber was given these commissions (from Airbus) in order to pay Mr. Mulroney and Mr. Moores to ensure that Airbus Industrie obtained a major contract with Air Canada…”, as stated in the Letter of Request. What was the information? How relia\ble was it? Did the information ever exist? (The answer was NO). Which brings you back to where you started, the Dept of Justice defamed Mulroney in the Letter of Request, and leaked same to a member of the media.

            At that point the only question left to ask is how many zeros do you add to Mulroney’s defamation award: six or seven?

  • sf

    Mulroney is not the kind of person who knows how to be honest. But, on the other hand, the same can be said of Schreiber, who is even worse.

    • danby

      A Politician who is dishonest? A lobbyist who is dishonest?
      Whoa…..

  • Dot

    Will they allow teleprompters for the first two days of “questioning”? Heck, why not speed up the process and just release the videos of the rehearsals.

  • Anon

    I think everyone in this country knows what happened, even though they may not know (or care about) all the details. Mulroney got cash from an arms dealer, for which he did no work or provide no receipt.

    Mulroney was PM of Canada. Schreiber is under indictment in Germany for tax evasion. Mulroney took cash on three separate instances from Schreiber.

    What else is there to know?

    • danby

      That Mulroney will walk, keep his $2 million and we the taxpayers will get the bill for the inquiry

      • DT

        you the tax payer through your Liberal mouthpieces asked for it, so shut up

  • Stephen

    So are you saying that commission counsel, the commissioner, Schreibers lawyer, the Attorney General are in the tank for Mulroney…because they all would have to agree to this. Riiight……

    • Dot

      Only the Commissioner would need to agree – he is the decider. All the others can object, but they don’t have a veto. Pretty basic.

      • http://www.macleans.ca Kady O’Malley

        Actually, after some back and forth between counsel for the parties earlier last week, there were eventually no objections to allowing Pratte to conduct the main examination. I’ve written a bit more about the conditions here.

        • Dot

          Still, if there wasn’t a consensus, the decision would be left to the Commissioner. The negotiations probably led to the loss of redirect.

          • http://www.macleans.ca Kady O’Malley

            That’s my guess. Also, Auger wanted to make sure that the examination would be conducted pursuant to the ordinary rules of court: no leading questions.

        • Dot

          Btw, achieving consenus amongst all parties to the hearings makes any decision the Commissioner makes less likely to be appealed to Fed Court, and reduces the likelihood of any party claiming bias.

  • Stephen

    So all parties agreed after discussion. My goodness what a sham the commission is……

    This is such a non issue,honestly.

    But the reaction is indicative of atmosphere surrounding this whole thing. So to answer Andrews’s question of why the preperation….look in the mirror and you might understand why he might wants to be prepared.

    So let me ask another question….is all of this a legal exercise or a PR exercise? Or both.

    When Mulroney took it as a legal exercise, the libel trial, he was criticized later for not telling the complete story (a PR issue) In front of the ethics committe he tells a fuller story, made a mistake talks about the money etc…people then want to turn around a charge him (tax issues, taking money across the border etrc etc)

    So if you are Brian Mulroney, you would be a fool to walk into anything with anyone that brings up this matter and not be prepared. You can go back to the original sin of taking the money, thats fine, but that really isnt the question you want answered.

    All of these questions about why cash and hotel rooms in envelopes are Puritan only. Honestly, does the loaction matter? It’s the “untraceable” cash that matters, the rest is salacious spin.

    The answers you seek are in Germany, who have more info from the Swiss accounts. Thats where you will be able to trace where the money, and thats where you will find out if it made it to an account controlled by MBM, or if KHS kept it himself and didnt pay taxes on it.

    • Dot

      Try flipping to the b side. Your rendition of Brian’s Song appears to be skipping.

      • Stephen

        Do you offer anything of substance?

        As I said, all the lawyers agreed, or at a minum didnt object, so the issue or concern is what exactly?

        I guess I am just waiting for the someone to claim that Oliphant and Wolson are Mulroney stooges that are hopelessly compromised.

        • http://andrewcoyne.com Andrew Coyne

          I don’t think anyone’s saying or suggesting any such thing. We’re just questioning whether it’s a good idea. Perhaps, in the fullness of time, it will be shown to be so. But meantime it just looks dubious.

          Anyway, it was a funny line, Dot.

          • Dot

            But, on second thought, maybe it’s a strategic blunder by Mulroney’s team to have his counsel go first. Here’s why:

            We know that the only time Mulroney has spoken publicly on this issue was in the Committee hearings – and his story that he presented, along with all other evidence, is inadmissable/unavailable to the Oliphant Commission to examine Mulroney over, or to cite in its final report.

            One presumes Mulroney will tell the same story in his opening examination, enhanced, rehearsed or whatever. So when Commission counsel eventually gets up to examine Mulroney, he will have that testimony to cross examine him over (and a few days of prep time – depending upon the order of lawyers cross examining).

            One also presumes that his original Committee hearings testimony will not be altered significantly – if it is, the press will be all over it.

          • Dot

            Rosemary Barton on Politics today, May 18, 9:45

            Rosemary Barton:”…Richard Wolson seems to be quite happy with the work that he’s done. He was very happy, I have to say, to be second, something that he told me off camera..”

            http://www.cbc.ca/video/popup.html?http://www.cbc.ca/mrl3/8752/politics/politics_tue.wmv.

  • Mulletaur

    All Mulroney wants is to restore his reputation and every part of this process just entrenches his guilt deeper and deeper in the minds of Canadians. Anyway, as long as Wolson has a chance to ask questions, Mulroney will not get off the hook so easily.

  • Stephen

    “this is how rumours get started”…

    couldnt agree more especially when the media drink their own bathwater. So the story gets published in the CBC, that doesnt provide full context (that the commission knows who and what the conversation was about, it then gets amplified by Norman Spector, who doesnt clarify, and is amplified further by Andrew Coyne who takes two less than nuetral sources at face value without realizing we we were caught in a self reference loop.

    So what was the item that has cashore, spector and you in a lather. Go to CPAC, part 2 of the May 7th testimoney from schreiber, time stamp 1:11:09 through to 1:13:19,

    http://www.cpac.ca/forms/index.asp?dsp=template&act=view3&pagetype=vod&lang=e&clipID=2721,

    What you hear is Woslon going back to clarify a classic salacious schreiber slice where he intimates that he had one on one meetings with Mulroney but only ever tells half the story, need to keep him for the rest doncha know..

    What is important is that Wolson KNOWS what and who the conversation was about, so one assumes the commissionar KNOWS what and who the conversation was about, because the commissioner didnt ask for more info or intervene, he let counsel get it clarified. It is clear from the testimony that there are privacy concerns and Wolson goes to lengths to get the witness to clarify that there was nothing of relevance, remember again Wolson has said he knows what and who it is about.

    So the commission knows and goes at lengths to protect some innocent party.

    For the sake clarity here is the transcript….

    But maybe I am wrong. Perhaps a journalist might want to clarify with Wolson what he meant.

    >>>>>
    1:11:09

    Wolson:

    When you testified, and Mr Pratte was asking you questions, he asked you at Page 869, Line 13.

    He said, “When did you have a meeting with him, just one on one, when he was Prime Minister?”

    So Mr. Pratte was asking you about a meetings you had with the Prime Minister, in particular one on one meetings. And you said on Page 869 Line 16, “in his office”

    Mr Pratte asked, “When was that?” and you said, “I don’t recall the date. I know the event, but I don’t want to talk about this now.”

    And Mr Pratte said, “You don’t want to talk about this now?” and you said “No”. And Mr Pratte moved on.

    So what is left out there is suspicion because, there are lots of suspicions, you know that don’t you sir?”

    KHS:

    Yeah

    Wolson:

    And I want to clear up that suspicion because you’ve told me what that conversation….or, you didn’t tell me, (my caps) BUT I AM AWARE OF IT.

    You had met with Prime Minister Mulroney.

    KHS:

    Yes

    Wolson:

    About a mutual friend, his and yours. A man who has absolutely nothing to do with the matters before this inquiry.

    KHS:

    No

    Wolson:

    He was having some personal difficulties

    KHS:

    Yes

    Wolson:

    And you and Mr Mulroney were trying to see if you could help the man

    KHS:

    Yes sir.

    Wolson:

    IT HAS NOTHING TO DO WITH ALLEGATIONS OF AIRBUS OR ALLEGATIONS OF BEARHEAD OR ANYTHING LIKE THAT (My caps again)

    KHS:

    Not in the smallest

    Wolson:

    Alright. That’s how rumours get started, so I thought should speak to you about that. Alright?

    KHS:

    Ok with me

    1:13:19
    <<<<<<<<<<<<

    • http://andrewcoyne.com Andrew Coyne

      Once again, you’re rebutting a point that hasn’t been made. Read Norm’s point again. It isn’t that Wolson doesn’t know the answer to his own question. It’s that he’s taken it upon himself to decide the relevance. That’s a) going beyond his role, and b) rather incurious of him. If Mulroney was trying to get Schreiber to help out a friend, that potentially puts him in a position of obligation to him. Knowing what we know about Schreiber, that naturally leads one to ask: What’s in it for him?

  • Stephen

    We agree on the point of the article, and we apparently agree that Wolson knows who and what that personal situation is. So the question is whether the commissioner knew, because if he did then the questioning is happening with the commisisoners knowledge and he has made the decision about its relevance. The point of the testimony then becomes clearing up a rather large loose end.

    So is it reasonable to assume that the commission counsel would spend 2 minutes asking pointed questions about a previously hinted, apparently relevant, eyebrow raising situation (I know mine were), and the commisisoner blissfully lets him talk about it without knowing what this personal situation was, or asking any follow questions on it? Oliphant hasn’t been shy about clarifying issues that seemed confusing in the past?

    And so this is my point that once again we get twisted conclusions based on missing the testimony. One view means the commission is hiding things, the other view is they were trying to clarify an irrelevant dead end. I think the three articles mistakenly took the hiding tack.

    Sincerley

    Advocatus Diaboli

  • distant observer

    Just for the record, it is actually not at all unprecedented that the “target” of an inquiry would be granted the right to have his own counsel lead his evidence in chief (the opening statement, on the other hand, is a little more unusual).

    Dr. Charles Smith sought this right in the course of the Goudge Inquiry and was able to produce a long list of examples: http://www.attorneygeneral.jus.gov.on.ca/inquiries/goudge/li/pdf/Factum_of_Dr._Charles_Smith.pdf

    Smith’s request, however, was denied.

    • Stephen

      Distant,

      Good find. Pages 8,9 and 10 provide lots of refernces where this has been allowed before. It would explain why the other lawyers didnt object, since they got something further, a lack of redirect, out of Pratte.

    • http://andrewcoyne.com Andrew Coyne

      I stand corrected.

      • distant observer

        As do I; on further review, the notorious Dr. Smith’s motion was ultimately granted.

  • http://fiziologiatruda.ru кpacaвицaвocтoкa

    Занятно пишете, жизненно. Все-таки, для того, чтобы делать интересный блог, нужно не только просто рассказывать о чем-то, но и делать это в интересной форме:)

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