Author explains away Judge Claiborne’s suspicious activities

Harry Claiborne, the federal judge everybody liked, even prosecutors, was not corrupt and was unjustly persecuted.

That’s the conclusion of Michael Vernetti, author of “Lies Within Lies.”

My own opinion is that the man with the Arkansas twang was a likable guy, one of the best storytellers around, but played fast and loose. I’m surprised at the number of people who adored him, but tell me privately they believe Harry Claiborne was corrupt. A few cite specifics, without wanting to see them in print.

Where I do agree with Vernetti is that the federal officials should never have put their faith in brothel owner Joe Conforte to prove Claiborne solicited bribes. Those charges were dismissed, but Claiborne was convicted of tax charges in 1984, went to prison and was impeached and convicted by the U.S. Senate in 1986.

Vernetti is at odds with retired FBI agent Gary Magnesen, author of “Straw Men,” whose book was discussed in Saturday’s column. Magnesen believes, but cannot prove, that as a judge, Claiborne might have leaked information provided in FBI probable-cause warrants in 1981 and 1982.

Claiborne is not alive to rebut Magnesen. He committed suicide on Jan. 19, 2004, not for any reason related to being disgraced as the first federal judge to be impeached and convicted by the Senate while sitting on the bench, but because he was suffering health problems, including Alzheimer’s. He was 86.

But the truth could be that both books have it right in some ways. Relying on Conforte did make the judge’s prosecution look like a vendetta. Yet Claiborne was not innocent of bad deeds.

Vernetti believes the bad guys are: first, Conforte, who accused Claiborne of taking one bribe and soliciting others, and then the FBI and prosecutors who believed the whoremonger, including the former head of the FBI office, Joe Yablonsky.

The author also defends Claiborne on the tax evasion charges.

“Claiborne was many things, most of them admirable. He was smart, tenacious, hard-working and dedicated to an ideal of justice that left plenty of room for the little guy facing the forces of federal prosecution,” Vernetti wrote. “But he was also impatient and impetuous, with a strong inclination to leave the pesky details of life to others.”

Carelessness is no defense in a federal tax case against a federal judge. It wouldn’t be acceptable for anyone else. (Magnesen was not involved in the case against Claiborne, so he has no insights on the prosecution of that case.)

If a judicial impeachment sounds familiar, that’s because Thomas Porteous, a federal judge from Louisiana, on Wednesday was stripped of his office by the Senate for accepting cash and favors from attorneys and bail bondsmen, lying to Congress during his confirmation and filing for bankruptcy under a false name. Porteous allegedly has gambling and drinking issues.

Claiborne liked to drink as well, and loved the ladies, which caused some of his problems. He was investigated but never charged with hiring a detective to bug the house of a woman he was pursuing.

Vernetti contends there are plausible reasons for many of Claiborne’s actions, including cashing large checks at Binion’s. It was convenient.

His well-researched book offers explanations for all the suspicious activities the federal government probed in its pursuit of Claiborne from 1979 to his 1983 indictment.

I’m recommending both books because they tell compelling stories from different perspectives, which is part of the trick of getting history right.

No one’s perspective is perfect, including mine.

Jane Ann Morrison’s column appears Monday, Thursday and Saturday. E-mail her at Jane@reviewjournal.com or call (702) 383-0275. She also blogs at lvrj.com/blogs/morrison.