Will Jackson find Microsoft innocent?

So far, the Microsoft antitrust case has seen more unexpected twists and

turns than a bag of pretzels. This past week was no different with Judge Jackson

asking for a 3-way split, denying all further Microsoft delay tactics, declaring

he will render a verdict within the next week or so … and probably sending the

case straight to the US Supreme Court.

In the process of this whirlwind sequence of developments, Jackson, according

to many legal experts, may have made a major judicial error in denying Microsoft

a chance to present evidence and witnesses to argue the break-up proposal. Of

course, it was blatantly obvious that all Microsoft intended was to delay the

outcome of the case until after the November elections. Incidentally, George W

Bush, who is clearly not on the government’s side in this case, has about a 55

per cent chance of becoming the next American President. But still, analysts

say, Jackson could have met Microsoft halfway, thus taking away the "denial

of due process" argument that Microsoft has already begun to blow into huge

proportions. Why would Jackson make what would seem like such a blunder? Some

experts, however, point out that at this point in the game, Jackson’s verdict

is not as important as its ability to survive the Appeals Process. There are

other cases in which antitrust judges have rendered a verdict and sent their

decision straight to the Supreme Court for review, which is apparently what

Jackson intends to do.

For its part, the Supreme Court is likely to refer the case back to the

Appeals Court for review. But in the process, the Court may narrow the scope of

the Appeals Court review, taking away Microsoft’s ability to broadly challenge

everything involved in the case. In a best-case scenario (and worst-case for

Microsoft), the Supreme Court will agree to hear Microsoft’s appeal arguments.

Having to defend itself before the Supreme Court, Microsoft will have to address

the case on its legal and constitutional merits, as the Supreme Court is not

likely to put up with Microsoft’s arrogance, doctored evidence, lying, and

uninformed witnesses. Nor will it easily be swayed by the company’s largely

public relations based defense arguments. But if the past two years are any

indication, the next several weeks will come out completely different than what

appears obvious. Jackson may even find Microsoft completely innocent of all

charges … yeah right!