European Stars and Stripes (Newspaper) - January 30, 1990, Darmstadt, Hesse                                10 the stars and stripes Colour runs William Safire end does t justify Means used in Barry sting in the arrest of mayor Marion Barry of Washington the department of Justice argues that a Good end justifies bad Means. Wrong. Blacks who grumble that the mayor was picked on by the White establish ment Are mistaken too. High officials offering grounds for suspicion of Law breaking As Barry surely did. Deserve vigorous and sustained police investigation. But you Don t have to be racist to be wrong. Prosecutors impatient with a grand jury that judged their efforts inadequate for an indictment insist that a sting euphemism for a trap was needed. By templing the target to commit a videotaped Misdemeanour they seek to parlay one wrongdoing into major per jury and felony charges. Such desperation to crack a Case by inducing a fresh crime undermines jus Tice. The prosecutor s subsequent arro Gance in publicly hinting at his readiness to be lenient in Exchange for resignation from municipal office slaps democracy in the face. Set aside anger at How Brazen and pos Sibly corrupt Barry has been that s for voters not lawmen to judge. Set aside Loo. Disgust at the terrible example he sets for youths hooked on drugs in his City. Hypocrisy and immorality arc sins not crimes. Focus instead on the Central Issue raised in his arrest. The Federal govern ment for the first time has used the expectation of sexual Intercourse to lure a target into committing an illegal act in front of concealed cameras. This enforcement weapon was not the sudden thought of a runaway local prosecutor. The scheme was personally re viewed by attorney general Dick Thorn Burgh who told the zealots it s your Call but whose refusal to disapprove put the Fri into this dirty work. The reports suggest this a female member of the screen actor s Guild with whom the mayor had a Long time affair was tracked Down and persuaded probably by threat of pros Ccu James j. Kilpatrick lion since she is said to have a prison record to be the bait in a trap to catch Barry. She was Down Cross country and ensconced in a wired . Hotel room where she telephoned the mayor and urgently invited him Over to  what do you suppose went through the target s mind did the mayor Sec in this Call a Chance to traffic in illegal drugs far More Likely Given their Long per Sonal relationship her continuing Good looks and the key fact that she was never known to be a drug dealer he hurried Over predisposed to engage in what we privacy types like to Call consensual non criminal activity. If recent proc tutorial leaks arc to be believed the lady in red loosened him a jew Pip to u do in the or pm Prus. Dai7o/7 up with a few brandies put him off when he made the pass that demonstrated the primary purpose of his visit but obliged with alacrity when he asked for drags. The bust followed his smoking the crack a Misdemeanour. Thus was american Justice introduced to the Thornburgh Rule intimidation of informants to engage in federally funded sexual enticement is an acceptable investigative procedure. In fairness note hat our government stopped Short of prostitution. The reasonable expectation of sex May Well have been in the target s mind but on scr can delivery by the lure was not contemplated. The logical next step Down this slope would be to set up a Federal Call girl ring to tempt predisposed Johns or otherwise Aid the War on drugs. This has not yet been authorized so far As we know. Nor have police willing to intimidate lovers to entrap each Otner yet extended this practice to pressuring Chil Dren to entrap parents. Is entrapment Legal supposedly not but to avoid the charge police need merely follow supreme court instructions to show that the target was a person pre disposed to commit the crime. The court wrongly gave to police the Power to Dangle temptation in front of everyone with a record. In the Barry Case the prosecutor evidently hoped to prove predisposition or was sure the embarrassed mayor would cop a plea to avoid trial. If the court offers Little Protection against entrapment and if the Thorn Burgh Rule now encourages ambitious prosecutors to employ sex As a lure where docs the accused person who has been set up go for Justice to the last line of defense against the abuse of proc tutorial Power the jury. In the a Lorcan Case the jury found the prosecution s methods so repugnant that it found a defendant manipulated into a videotaped crime to be not guilty. To Thornburgh s Rule is an abomination. The end of ridding ourselves of a Rotten mayor docs not justify Means that can put a sex lure and a hidden Cam Era into any american bedroom. The be York times one Way to dance around the important issues if it had not been for the two month vacation recently ended by members of Congress National tap dance Day might have escaped notice altogether. But you know How it is. We Ink stained wretches of the press have to find something to write about in the january doldrums and National tap dance Day filled a void. The ceremonial occasion will be observed on May 25 through the kindness of rep. John Comers d mich., and the whole unanimous Congress of the United states. In october we will sing together in country music month. Between May i and May 1, we will Mark National drinking water week. These Are among the  enacted into Law during the first session of the 101st Congress. Docs this observer object not at All. This observer has a theory that by devoting their energies and their lung Power to National Library card sign up month members of Congress arc diverted from More mischievous exercises in parliamentary Power. The political pastime is quite harmless. It makes children senior citizens Farmers and correctional offi cers Happy at least it is believed to do so and what greater service can a congressman Render than to bring Joy to his constituents Back Home let the fish Fry proceed. During its first session which ended nov. 22. Congress saw 7,390 measures introduced. Happily Only 160 of these became Law. Of the 160. No fewer than 88 established National Days weeks months and even an International year of Bible Reading. Now certain party poop cars led by reps. Clau Dine Schneider , and Dave Mccurdy d-okla., want to rain on the Friendly Parade. These wet blankets have rounded up 233 co sponsors for a Bill that would create a special commission to take the rcsp9nsibility for commemorative a off the backs of politicians who arc now paid or soon to be paid $125,000 a year to look after such weighty matters themselves. The Bill goes to a subcommittee hearing on feb. 6. How should one describe the Schneider Mccurdy proposal the first word that leaps to mind is outrageous but the adjective Falls Short of the Mark. If their Bill becomes Law which heaven forbid what will we find to write about a year from now Why should we of the press be so abused the Bill is clearly in american. In order to push a commemorative to enactment a member of the House must first get 218 co sponsoring signatures. Then the measure goes to committee thence to the floor thence to the other chamber and thence to the president s desk. It is complained that All this takes valuable time. Legislative aides must be paid for drafting the Bills and preparing reports. Members have More important things to do. This is the Case for the prosecution. To this indictment of a hoary practice the defense responds consideration of a Bill to observe National polish american heritage month takes very Little Lime As a matter of fact. The expense is minimal less than minimal it is so infinitesimal that it cannot be found in the legislative budget along with Many other things that cannot be found in the legislative budget. Failure to vote for National polish american Heri Tage month would assuredly offend Many thousands of polish americans while voting in favor of such an eminently worthwhile Observance offends no one at All except for the two Damp Dis grunts aforesaid. There is More the Schneider Mccurdy abomination would create a commission. Another commission its estimated costs Are placed at $250.000 per annul but who is to believe such a figure in 10 years the expenses of this needless bureaucracy would rival the outlays for medicaid. Can anyone recall when a com Mission has served a useful purpose remember the last commission the one that gave up in March on a solution to Federal deficits remember the Grace commission on reorganization of the government it is said with some truth that a philatelic com Mission within the postal service has done a Public service by winnowing the requests for commemorative Stamps but that is a different matter. The number of Stamps must be limited but the number of special Days weeks and months knows no Boundary. The 100th Congress provided 258 such occasions. And most observances arc not frivolous at All. We have National weeks coming up to promote awareness of osteoporosis scleroderma Lyme disease glaucoma and mental illness. We have whole months to be aware of strokes digestive diseases trauma Down s syn drome diabetes and alzheimer s disease. All kidding aside these measures serve a useful purpose. I say to Congress carry on Universal press Syndicate