Department of Justice

Newsreal: Bring back J. Edgar Hoover

The White House hates FBI Director Louis Freeh and wants him to resign. The Republicans love Freeh because he wants an independent counsel to investigate fund-raising practices by President Clinton and Vice President Gore.

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WASHINGTON — The latest joke making the rounds at the White House: It’s September 1993, and President Clinton is swearing in Louis Freeh as the new FBI director at a ceremony in the Rose Garden. Among the onlookers is White House Counsel Bernard Nussbaum, Freeh’s mentor. Brimming with pride, Nussbaum whispers to a deputy, “We really hit a home run this time, didn’t we?” The deputy mumbles something in reply, drives out to the country and blows his brains out. The deputy’s name: Vincent Foster.

Perhaps only those who have endured the endless conspiracy theories surrounding Foster’s death would appreciate this attempt at dark humor. But it indicates the ill regard in which Freeh is held since his bid to get an independent prosecutor to probe alleged fund-raising abuses by Clinton and Vice President Al Gore fell flat on its face last week.

Since then, the official White House posture toward Freeh has been one of strained civility. “The president has great confidence that Louis Freeh is leading the agency as best he can,” said White House spokesman Michael McCurry. Privately, Freeh is regarded by White House aides with the contempt reserved for perceived traitors and cowards.

“The country would be better served by a cross-dressing J. Edgar Hoover in pumps than by Louis Freeh,” a senior White House aide told Salon.

Sources at the Justice Department say Freeh and his supporters at the FBI are equally unhappy and suspicious of the White House. They are said to believe that illegalities involving Democratic Party fund-raising amounted to a conspiracy aided and abetted at the highest levels of the Clinton administration. Freeh also has six more years to go in his 10-year appointment; White House aides as well as sources close to both Attorney General Janet Reno and the FBI say he packs the potential to become a powerful ally of Republican congressional investigators who are trying to nail Clinton and Gore for campaign-finance abuses.

“Freeh is very mindful of what his appropriators think,” a former senior Justice Department official told Salon. “To a very large degree, he measures the bureau’s progress in its funding. In some respects, Louie relates to Congress as the bureau’s board of directors. And right now, that board is Republican.”

Last spring and summer, those senators and congressmen publicly savaged Freeh, in a series of hearings, for the FBI’s sloppy forensics work and treatment of Atlanta bombing suspect Richard Jewell and for handing over confidential files of leading Republicans to the White House. They even criticized Freeh for the Waco and Ruby Ridge fiascoes — events that occurred before Freeh took over the FBI but whose aftershocks raised questions about his management of the bureau. Freeh acknowledged his mistakes and promised to improve the bureau’s performance.

Ever since, his critics say, Freeh has been trying to stay on the good side of Republicans, to the point of supporting their call for an independent counsel to investigate Clinton and Gore. They also believe that Freeh’s underlings would follow his lead. “Most of Freeh’s agents are Republicans, or think like them, or at least don’t like Democrats,” said one of the critics.

The White House is said to be particularly incensed over leaks from a confidential memo Freeh sent to Reno just before Thanksgiving in which he laid out his case for the appointment of a special prosecutor. Stories quoting from the memo, which included evidence from ongoing FBI investigations, appeared in both the Washington Post and the New York Times. It is widely believed in the White House and the Justice Department that Freeh himself was the source of the leaks.

“To leak a memorandum which clearly recites and reflects evidence in the investigation of a criminal case is totally inappropriate,” one Justice Department source said. “There’s a limited degree to which Freeh can say he doesn’t know where it’s coming from when this stuff is very personal to him.”

A White House aide was less circumspect. “What Freeh did was underhanded and unprofessional. It was the ultimate CYA” (Cover your ass).

Last week, Reno, on the advice of senior Justice Department lawyers, rejected the call for an independent counsel on the grounds that Clinton and Gore had broken no laws. Incensed Republicans are demanding that Reno turn over Freeh’s memo, a demand she has rejected. Said one former Justice official: “It’s bad enough the memo was leaked. She now cannot ratify that by turning it over to Congress. I don’t care if it already appeared word-for-word on the front page of the Washington Post. She cannot anoint that kind of behavior. It’s just wrong.”

Rep. Dan Burton, R-Ind., who has subpoenaed the Freeh memo, has summoned both Reno and Freeh to appear Tuesday before his House Government Reform and Oversight Committee, which is investigating campaign fund-raising. If Reno resists the subpoena, she could face contempt of Congress charges. And if, as is likely, the highly partisan Burton continues to focus on the rift between Freeh and Reno, expect to hear a fresh wave of Republican charges about a Clinton administration “coverup” of its campaign finance dealings.

Throughout the controversy, Freeh has managed to keep himself out of public view. Through a spokesman, he declined an interview request from Salon but issued a statement, citing his “strong and amicable relationship with the Attorney General.” Reno herself has expressed her confidence that Freeh will resist any effort to politicize the FBI and will not let himself “be used to attack me or President Clinton.”

But the jokes keep cropping up, some of them now from Freeh’s supporters. Following Reno’s decision to reject the recommendation for an independent counsel, Sen. Arlen Specter, R-Pa., quipped, “The Department of Justice cannot survive half slave and half Freeh.”

The betting, at least in the White House, is that the latter half will have to be sacrificed.

Jonathan Broder is Salon's Washington correspondent.

Dragonslayer

An interview with Ralph Nader who is organizing a conference in Washington, D.C., in Nov. 1997 to explore how Microsoft is extending its near-monopolistic control of the software business into other industries, including banking, insurance, car dealerships, travel services, real estate and television.

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ralph Nader, the legendary consumer advocate, has a new enemy: Bill Gates and his software giant, Microsoft.

Nader is organizing a conference in Washington, D.C., next month that he says will explore how Microsoft is working to extend its near-monopolistic control of the software business into other industries, including banking, insurance, car dealerships, travel services, real estate and television.

He has sent invitations to lawyers, writers, academics and corporate critics of Microsoft, along with Vice President Al Gore and Gates himself. The aim, Nader says, is to begin a public discussion about Microsoft’s business practices and possibly mobilize the Justice Department’s antitrust division to take the growing chorus of complaints more seriously.

Microsoft spokesperson Vivek Varma has called the conference, titled “Appraising Microsoft and its Global Strategy,” a “misguided effort” driven by Microsoft’s competitors and said the list of speakers “reads like a rogues’ gallery.”

Salon spoke about the conference and the alleged Microsoft’s threat with Nader and Jamie Love, the technology specialist at Nader’s Center for the Study of Responsive Law in Washington, D.C.

Jim Clark of Netscape has called Microsoft an “evil corporation.” Do you agree with that characterization?

Nader: The words I use is that Microsoft has strong monopolistic tendencies to their business strategy. Microsoft has this belief that if they don’t control everything, they will control nothing. They have a total zero-sum view. With their 90 percent control of the operating system, which generates spectacular profit margins, they can use the money from this monopolistic position to leverage their control into one area after another. Their browser (Internet Explorer) is just one example of that.

What are others?

Nader: Well, they are moving out from software, right through the computer industry to other service industries, like banking, insurance, travel, publishing and cable. And they’re moving from conduit to content as well.

Netscape still controls the lion’s share of the browser market. How do you see Microsoft taking that over?

Love: In its implementation of Java, Microsoft has adopted a kind of “Java-plus” strategy. Rather than having the plain old Java code, they’re using an embrace-and-extend strategy, whereby Microsoft embraces the open standard of Java but then throws in some extensions which make it perform better with future versions of Windows 95, but not at all with non-Microsoft systems. Sun Microsystems is now suing Microsoft for violating the licensing terms. We think the government could do something in the antitrust area regarding Microsoft’s attempted perversion of Java.

Apart from the Java licensing issue, what is so wrong with Microsoft branching out into other fields?

Nader: First of all, apart from antitrust considerations, it’s just not healthy for any economy and society to have one company play such a dominant role in even one field. It’s even less healthy if that company has a dominant role in all kinds of commercial and industrial sectors. This isn’t just John D. Rockefeller trying to dominate the oil industry. This is a company trying to be the toll collector at gateway after gateway on the information superhighway, using, in effect, a closed-door business strategy. The result is, innovation suffers. Venture capital for potential competitors dries up. Venture capitalists will say, “Why bother? Even if company X comes up with something that’s good, it’s not going to be able to deal with Microsoft’s power.”

You said earlier that Microsoft was moving from conduit to content. What’s the problem with that?

Nader: When it comes to content involving commercial transactions, the more control Microsoft has, the more they can intimidate critical reporting on them. For example, we had people who wanted to take part in the conference, but their CEOs squashed them. This was in industries like travel and newspapers. This spills over into news reporting as well. They now have MSNBC. There was rumor last week that Microsoft wants to buy CBS. We’ve already seen that the TV networks handle stories differently depending on their commercial alliances. For example, when some nuclear plants in Connecticut had to shut down last summer, CBS, which is owned by Westinghouse, and NBC, which is owned by General Electric, never reported it. So if Microsoft actually buys CBS and establishes more alliances, say with Disney , which owns ABC, the penumbra of their intimidation is going to be extraordinary.

Specifically,
how do you see Microsoft impacting the television business?

Love: The real threat is down the road. With their monopoly over the operating
system, the question is: To what degree are they going to make the Microsoft
browser the front end to television sets, which is exactly what they want to
do? When you have (TCI Chairman) John Malone saying, “Microsoft is not going to dominate the cable industry the way they dominate the software industry,” it’s time to start worrying.

Why?

Love: Because Malone
is saying that he knows that Microsoft is interested in this
integration of multimedia through the front end of a television, and he’s
afraid of Microsoft. Just yesterday, Microsoft announced that Windows 98 and
the new version of the Internet Explorer (4.0) will permit you to receive TV signals and download data directly into your computer. So down the road, when we turn on
our combination TV-computer, Gates would like control the operating system
that will help us navigate from video to audio to data to online commercial
transactions. He wants everybody who wants to play in that Web environment to
be his partner. And if you’re a competitor, the odds are your products will be
hidden deep in the menus. They’ll crash more. That’s the game that’s
already been played on the desktop. The question is whether or not Gates can
take it into multimedia.

Nader: In other areas, they will destroy entire industries. For instance,
the encyclopedia that Microsoft is in right now. They’re not printing
encyclopedias. They’ve got an online version that is squeezing the existing
print versions. So in terms of access and the use of encyclopedias, Microsoft
is already the big kid on the block in an industry that’s been operating for
150 years. In the billing and presentment area of the banking industry,
Microsoft is going to the banks and saying they’ll give them the software for
free. Once they get a lock on that, they’ll be the toll collector for that
whole area of online business. Just think of the leverage. Pretty soon,
they’ll move into financial services. They’re not going to build new banks.
They’re just going to channel existing industries onto the information
superhighway. This is Microsoft’s global business strategy.

But isn’t it true that as a Microsoft spokesperson said about the software business, that the whole field of high-tech is a “dynamic, innovative market.” Wouldn’t we be going in these directions, with or without Bill Gates?

Nader: When the auto started to replace the
horse-and-buggy, there were a lot of auto companies. They had
different engine systems and all kinds of different innovations. There was
the Stanley Steamer, an electric car, and the internal combustion engine.
What you’re seeing here is not just a horse-and-buggy industry that’s being
challenged; you’re seeing dozens and dozens of industries that are being
challenged by an emerging monopolistic competitor. It’s almost as if the
entire horse-and-buggy industry were challenged by a giant General Motors
from the get-go. And that is where the innovation will suffer, that’s where pricing will become more and more
burdensome once the Microsoft monopoly kicks in. Don’t forget that a lot of
monopolies get started with predatory pricing. One form of predatory pricing
is to give away your product, which is possible in Microsoft’s case because of the enormous profits it gained from the monopoly over operating systems. That should be
considered unfair competition.

Love: Everybody expects technology to create upheavals in industry and new
players. What’s unique about Microsoft is that it’s trying to become the central player
in unprecedented areas of business.
Its ability to leverage its power, to provide the crucial
software for program interfaces, standards for performing secure credit card
transactions, video-streaming and so forth puts them in a position where they
become a partner in all these businesses. At any given moment, they can go
from being your partner to being your direct competitor.

What do you hope to achieve with the conference?

Nader: We want the conference to put all this on the table, in public. We would like a response and a dialogue with Microsoft and
Bill Gates. In his book, “The Road Ahead,” Gates made repeated points
about the need for dialogue on the emerging information superhighway
in a period of technological change. This conference is right square on
that principle.

You have said that some of the invitees felt intimidated from attending.

Nader: Of course. Why do you think the conference is being held in the first place?
There’s a fear and intimidation that is spreading rapidly throughout the
software industry and is beginning the spread in the other industries that
Microsoft is starting to penetrate. This reluctance to speak out in a
supposedly free economy and free society is very unhealthy and very
troubling. The fact that Novell, which is very critical of Microsoft, doesn’t
feel that it’s able to make a presentation at the conference, illustrates
just how much the doors on free and critical speech in the business community are
closing. There’s great fear. Some have even joked about needing a witness
protection program.

Have you been pressing the Justice Department on the issue?

Nader: They don’t respond. They just listen when we talk with them. They have three
problems. One is they’re not adequately staffed with skilled people to deal
with a company like Microsoft and the high-velocity change in the industry.
Second, Microsoft is very politically wired through the vice president, the
president and other members of the administration. That sends its own signal
to the antitrust division of the Justice Department. And third, there is a great reluctance among the people who know about Microsoft’s monopolistic practices to become willing and open witnesses. The ability of Microsoft to retaliate is a many unsplendored thing. They can do it by restricting access to the code committees, getting other companies to veer away from what they consider a Microsoft-unfriendly
corporate critic, they can raid them, move into their industry with predatory
pricing practices.

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Jonathan Broder is Salon's Washington correspondent.

SALON Daily Clicks: Newsreal

One industry sage thought he was joking when he suggested Microsoft buy into Apple. Boy, was he surprised.

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“Here’s the most intriguing thought of all,” wrote Al Perlman in a column headlined “A Simple Idea to Save the Apple Line” in the July 21 issue of the trade magazine Inter@ctive Week. “The one company that could best ensure the continuation of the Apple line is — ta da — Microsoft.” Perlman, the publisher of the weekly, went on to suggest that Microsoft buy out Apple “and set up the Apple operating system as a boutique-like alternative for specific types of customers.”

Ha, ha, very funny, responded the kinder readers. Other responses from Mac zealots ran along more murderous lines. Well — ta da, not to mention the gasps and boos of the Apple faithful at Macworld Expo in Boston — Microsoft and Apple went quite far in that direction with the shock announcement Wednesday that Microsoft was investing $150 million in the ailing computer company. Microsoft also promised to continue producing software for the Macintosh operating system for the next several years.

What did Perlman know that the rest of the world didn’t even suspect? Salon spoke to Perlman on his car phone soon after the announcement was made.

How serious were you when you suggested Microsoft buy into Apple?

It started out relatively tongue-in-cheek, but as I was writing it I thought, “Well, maybe this isn’t completely far-fetched. So maybe I’ll just put it out there and see what people think” There was no omniscience on my part. I certainly didn’t know anything, that’s for sure.

And the reaction …

It was staggering. My e-mail box was absolutely flooded. We’ve never gotten that kind of reaction from anything we’ve ever written in Inter@ctive Week. About 10 percent thought it was actually a reasonable idea. About 90 percent thought it was lunacy. But about 90 percent took it seriously, which really surprised me. I never in my heart believed this was real, if you know what I mean.

Apple stock jumped about 35 percent after today’s announcement. I must ask you this: Did you happen to buy any Apple stock in the past couple of weeks?

No, but I wish I did.

How did you feel when you heard Steve Jobs’ announcement?

I was shocked, especially having written the column and gotten all these letters and knowing how volatile an issue it is among the Apple community.

Now that it’s more than just a joke, do you still think it’s a good idea?

Overall, yes, for Apple and its customer base. This is sort of what I was getting at when I wrote the column in the first place — having Microsoft as an ally and a partner was the safest way to secure the future of the Apple line. I’m sure there are going to be a lot of Apple customers who are going to be very upset because it’s selling your soul to the devil. But if their stock price jumped 35 percent, then obviously the financial community thinks it’s a good thing as well. As an Apple customer, I’m pleased. As an Apple shareholder I’d be real pleased — but I’m not (laughs).

When Bill Gates’ face loomed on the video screen at Macworld Expo, there was a chorus of boos. Could this move backfire? Could Mac loyalists say, I’ve had it with Mac once and for all?

Yeah, but what are their choices? Their only other choice is to go to Microsoft. If you’re a Mac loyalist and this is repugnant to you, think of the alternatives. I think they’re equally, if not more repugnant.

Some people think this is the beginning of the complete absorption of Apple into Microsoft. Is that likely?

Personally, I don’t think so. And that’s why I thought, when people read my column, they wouldn’t have taken it 100 percent seriously. One, the Justice Department would not allow it, and, two, I don’t think Microsoft would want that kind of scrutiny from the Justice Department because it would really force the Justice Department to examine Microsoft’s role in the whole operating systems market.

What does Bill Gates want from Apple then?

He already owns the market, so having something out there that is an alternative is not the worst thing in the world for him. It keeps the illusion of competition, I guess. It also supports the part of the development community that’s working on the Mac platform. And Bill Gates is very concerned about the development community.

Why?

Because the future of his company is based on the development community. He doesn’t develop every piece of software out there, as much as he might like to. So the health and vibrancy of the development community is critical to the future of Microsoft, which is why Microsoft spends so much time and attention on courting the development community.

And he also got Apple to make Gates’ Internet Explorer the default Web browser on the Mac, which can’t make Netscape too happy.

Right. It’s not like Bill Gates is doing this out of the goodness of his heart. Or his affection for Apple.
Aug. 7, 1997

Microsoft and Apple: What does it all mean? Join the speculation in Table Talk.

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Andrew Ross is Salon's executive vice president.

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