As the recent decision made by the Supreme Court on the extradition case of Mark Jimenez has stirred a hornets

nest and has triggered a spate of debates we would like to highlight and elucidate the lessons and doctrines enunciated in the case. It is also worthy to note that the issues in the case are novel and should have a great impact on future extradition cases.

judgments of conviction or acquittal.

On the issue whether Mark Jimenez is entitled to notice and hearing before a warrant for his arrest can be issued, the Supreme Court stated that an extraditee is not entitled to such privilege and gave the proper procedure that should be followed in extradition cases, to wit:

Moreover, the constitutional right to bail _flows from the presumption of innocence in favor of every accused who should not be subjected to the loss of freedom as thereafter he would be entitled to acquittal, unless his guilt be proved beyond reasonable doubt._ It follows that the constitutional provision on bail will not apply to a case like extradition, where the presumption of innocence is not at issue.

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Since this is a matter of first impression, we deem it wise to restate the proper procedure:

Upon receipt of a petition for extradition and its supporting documents, the judge must study them and make, as soon as possible, a prima facie finding whether (a) they are sufficient in form and substance, (b) they show compliance with the Extradition Treaty and Law, and (c) the person sought is extraditable. At his discretion, the judge may require the submission of further documentation or may personally examine the affiants and witnesses of the petitioner. If, in spite of this study and examination, no prima facie finding is possible, the petition may be dismissed at the discretion of the judge.

That the offenses for which Jimenez is sought to be extradited are bailable in the United States is not an argument to grant him one in the present case. To stress, extradition proceedings are separate and distinct from the trial for the offenses for which he is charged. He should apply for bail before the courts trying the criminal cases against him, not before the extradition court.

On the issue of denial of due process as claimed by Jimenez, the Court declared that:

On the other hand, if the presence of a prima facie case is determined, then the magistrate must immediately issue a warrant for the arrest of the extraditee, who is at the same time summoned to answer the petition and to appear at scheduled summary hearings. Prior to the issuance of the warrant, the judge must not inform or notify the potential extraditee of the pendency of the petition, lest the latter be given the opportunity to escape and frustrate the proceedings. In our opinion, the foregoing procedure will _best serve the ends of justice_ in extradition cases.

Contrary to his contention, his detention prior to the conclusion of the extradition proceedings does not amount to a violation of his right to due process. We reiterate the familiar doctrine that the essence of due process is the opportunity to be heard but, at the same time, point out that the doctrine does not always call for a prior opportunity to be heard. Where the circumstances such as those present in an extradition case call for it, a subsequent opportunity to be heard is enough. In the present case, respondent will be given full opportunity to be heard subsequently, when the extradition court hears the Petition for Extradition. Hence, there is no violation of his right to due process and fundamental fairness.

XXX On the issue whether Mark Jimenez is entitled to bail and to provisional liberty while the extradition proceedings are pending, the Court held that:

XXX

As suggested by the use of the word _conviction,_ the constitutional provision on bail quoted above, as well as Section 4 of Rule 114 of the Rules of Court, applies only when a person has been arrested and detained for violation of Philippine criminal laws. It does not apply to extradition proceedings, because extradition courts do not render

It is also worth noting that before the US government requested the extradition of respondent, proceedings had already been conducted in that country. But because he left the jurisdiction of the requesting state before those proceedings could be completed, it was hindered from continuing with the due processes prescribed under its laws. His invocation of due process now has thus become hollow. He already had that opportunity in the requesting state; yet, instead of taking it, he ran away.

In denying his right to bail, the Court also took notice of the fact that the government has to fulfill its treaty obligations and that the country cannot be a haven for those who seek to avoid extradition, thus:

United States. For a while he hobnobbed with movers and shakers in Washington until 1999, when he had to return to his homeland to escape indictments for mail fraud, 47 counts of tax evasion and illegal campaign contributions to Bill Clinton and the Democrats.

In this light, would it be proper and just for the government to increase the risk of violating its treaty obligations in order to accord Respondent Jimenez his personal liberty in the span of time that it takes to resolve the Petition for Extradition? His supposed immediate deprivation of liberty without the due process that he had previously shunned pales against the government_s interest in fulfilling its Extradition Treaty obligations and in cooperating with the world community in the suppression of crime. Indeed, _[c]onstitutional liberties do not exist in a vacuum; the due process rights accorded to individuals must be carefully balanced against exigent and palpable government interests._

Flush with cash, he became a buddy of then President Joseph Estrada. Jimenez must be a charmer, because in such a short time, and even after dumping Erap, he managed to get himself elected as congressman representing one of the most populous districts of the country, then to get into the good graces of the new administration. Now he has obviously made a lot of friends in the House of Representatives.

***

Too, we cannot allow our country to be a haven for fugitives, cowards and weaklings who, instead of facing the consequences of their actions, choose to run and hide. Hence, it would not be good policy to increase the risk of violating our treaty obligations if, through overprotection or excessively liberal treatment, persons sought to be extradited are able to evade arrest or escape from our custody. In the absence of any provision in the Constitution, the law or the treaty expressly guaranteeing the right to bail in extradition proceedings, adopting the practice of not granting them bail, as a general rule, would be a step towards deterring fugitives from coming to the Philippines to hide from or evade their prosecutors.

Jimenezs case is a test of our extradition treaty with the United States, so most people are unsure about the legal ramifications of the Supreme Courts decision.

For now congressmen are on the losing end of public opinion. Many people who make do without a congressmans perks the bodyguards, blinkers, sirens, special license plates and pork barrel people who can never get away with 47 counts of tax evasion applaud the courts decision and think MJs impending arrest will prove that no one is above the law.

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Next time we forge an extradition treaty, our lawmakers better make sure they insert a clause exempting themselves from its coverage, and thus save our courts the bother of ruling on cases related to extradition. We cant afford a constitutional crisis, and we certainly cant allow a "tyranny of the judiciary," as one congressman put it. I wonder what his father the former justice secretary has to say about this?

COLUMN: MARK JIMENEZ, TESTING EXTRADITION

Meanwhile, lawmakers may want to be reminded that it is possible to serve ones constituency even behind the walls and barbed wire of the national penitentiary. Romeo Jalosjos did it, even winning re-election, and not one among his constituents complained of being deprived of congressional representation.

Manila, September 27, 2002 (STAR) by Ana Marie Pamintuan - Since his return to the Philippines Mark Jimenez has been the subject of much gossip and speculation. Our knowledge about him is scant: Born Mario Crespo, he was supposed to be an ordinary Pinoy who made good, doing so well he could afford to migrate and live the good life in the

The people of the sixth district of Manila were fully aware that Jimenez faced an extradition case. They elected a fugitive and must be prepared for its consequences.

Now if congressmen really have a beef about the extradition treaty with the United States, they can always invalidate it. They will earn the eternal gratitude of Charlie "Atong" Ang, currently held without bail in a Los Angeles jail because of our extradition request.

friends, although he is one of the most elusive, and certainly the most mysterious. And the little that is known about Jimenez only add more to his mystique, even if some of what can be confirmed on him do not seem positive at all. For example: The name he now has wasnt given to him by his parents, the U.S. government wants him extradited, and he doesnt have any qualms about meeting visitors in his pajamas, even without the benefit of a bath. The last alone could have made anyone else a pariah in this smellconscious country. But Mark Jimenez is no ordinary person, according to the President himself. Estrada has proclaimed him a corporate genius, a compliment made all the more extraordinary by the fact that it was bestowed just nine days after Jimenez got indicted in April in a Florida court for tax evasion, conspiracy, fraud and illegal campaign contributions. For good measure, Estrada also made his friend his adviser on Latin American affairs. Three months later, pressure from Washington would prompt the President to ask Jimenez to resign. But Malacaang would be unable to accept the resignation, since it would turn out that Jimenez was never given the official appointment papers in the first place. Malacaang, though, now likes to claim that Jimenez no longer goes to the Palace. Whether he is no longer tight with the President, however, remains very debatable, despite a favorite presidential sons pronouncements in August that Jimenez is a con artist who has deceived a lot of people, and who was already out of the Presidents circle of pals. After all, that declaration had been followed by a paternal tongue-lashing, and the son was forced to issue a retraction and apology soon after. Weeks later, Jimenez would be seen hobnobbing with the First Family as one of the selected guests at the exclusive despedida de soltera for Estradas daughter Jackie. Jimenez himself isnt about to say he is no longer a presidential friend. In fact, for a man described by many as a big talker, he doesnt say much, at least to reporters, even those who are ushered in by his butler at his South Forbes mansion. Then again, that may be an inexact description of Jimenez during is two-session interview for a total of seven hourswith him. It is true that the big, dark and balding Jimenez refused to respond to many questions. But he did talk, if only to insult the reporter for asking those kinds of questions or to say, No comment. Correction: He also did talk at length on a variety of topics, but he would wind up the mini monologues with a gruff off the record. Fortunately, there are already some things that are on the record elsewhere, and these may help de-myth the man described as the one person who can effectively shake the present power totem at the Palace, who seems to be involved in almost every business megadeal in town, and who is so lucky he managed to win P140 million at the Casino Pavilion in a span of just five days.

If MJ truly believes his offense is bailable in the US, then he can go there and post bail.

***

Whats intriguing is Jimenezs complaint that he felt betrayed by the Supreme Court, the Department of Justice and the entire government. Im hanging on to the word "felt"; without it we would have to ask him if he meant he had cut a deal with this administration and had been betrayed.

From reports the other day MJ seemed ready to enlighten the public about his feeling of betrayal. But my guess is well have to wait until the Supreme Court rules on his motion for reconsideration. Thats 15 working days for damage control. Whats worse: MJ singing like a canary or Washington being displeased?

I can hear some people grousing: But this is the Supreme Courts doing! That doesnt seem to be the way MJ sees it. Will the manure soon hit the fan? I cant wait.

MARK JIMENEZ was born Mario Batacan Crespo on December 31, 1946 in Paco, Manila, where his parents owned a grocery store. As a young boy, he would filch food from the family pantry to give to his impoverished friends, just like what Joseph Ejercito used to do with his friends in the squatter areas in San Juan. His religious upbringing gave him the idea of becoming a priest. He entered the San Carlos Seminary in Makati but lasted only two years because he was always hungry. The rest of his education, from elementary to college, was courtesy of the Ateneo de Manila University, but he dropped out in 1967 before earning a bachelors degree. Mark Jimenez, the most controversial of President Estradas friends, is a dealmaker par excellence. by Ellen Tordesillas An article by Riza Regis, a relative, in the Sunday Inquirer, portrays the post-Ateneo Jimenezthen still known as Crespoas enterprising, distributing softdrinks, and selling heavy equipment, computers and even sacks of copra. But he may have been more than a plain buy-and-sell businessman. According to an estafa case filed by Teodoro Pleno of Globe-Mackay Cable and Radio Corporation in 1983, Mario Crespo was president of Atrium Airfreight, which was engaged in the brokerage business.

IMELDA MARCOS doesn't live there anymore, but the new occupant of No. 6 Intsia St. in exclusive South Forbes is no less controversial. Indeed, businessman Mark Jimenez, now the proud owner of Imeldas former home (daughter Imee had rented it for her, actually), is probably the most talked about among President Joseph Estradas

In his counter-affidavit, however, Crespo, then a resident of the middle-class United Paraaque subdivision, said he was not and has never been president of Atrium Airfreight. The case stemmed from Crespos alleged falsification of the signatures of two Bureau of Customs (BoC) officials in documents authorizing Citibank to collect from the importer Globe-MacKay the amount of P1,781,421 for customs duties and taxes. Pleno accused Crespo of faking the payees name in the Citibank check by typing Citibank N.A. and Crespos bank account number. Pleno said the check was intended for Citibank N.N. He added that Crespo then withdrew all of the P1,781,421, but paid the BoC only P609,633. Crespo denied all these, saying that the procedure he followed was the agreed working arrangement. The case was later dismissed, but by then, Crespo had already gone to the United States, leaving behind his family and creditors. Some people who knew him then said he eloped with pretty college student Carol Castaeda, now his wife and mother of three of his 11 children. Regiss account reveals that it had not always been easy for Crespo/Jimenez. Ive seen how his family fortunes have bounced up and down like a ball, she wrote, with a brand new furniture and expensive cars at one point and borrowed gas at another. Nevertheless, according to Sunday Inquirer reader Raffy Garcia of Lian, Batangas, Crespo/Jimenez is someone who doesnt shirk from his responsibilities. Garcia said that as soon as his financial situation improved (in the United States), he immediately sent for his children from his first family. He sent them to the best schools. He also sent lawyers to track down all of his creditors, and he paid them all. By then, he had already changed his name to Mark Jimenez, and had become a millionaire many times over. Regis says it was not always so. During his early years there, she wrote, he faced the kind of financial uncertainty that besets most newcomers trying to establish a life in a strange land. He spent most of his time hanging out in the lobbies of five-star hotels, where he held office and met all kinds of people. Those acquaintances eventually led him to business opportunities, the biggest of which was meeting the need for computers in Latin America. Jimenez made his fortune in computers, starting with learning the business in Californias Silicon Valley. Then in 1988, he founded Future Tech International (FTI), a computer distribution company based in Miami, with extensive reach in Latin America. International Business Online said FTIs gameplan was simple: approach hightech manufacturers that have no presence in the region, negotiate exclusive distribution rights, and then sell and support their products with a sophistication rare in Latin America. FTI carried the products of companies like Quantum, Maxtor, Canon, NEC, AMD, Hitachi and MarkVision, another Jimenez firm. Starting out as a small computer components distributor, Future Tech now rakes in average annual revenues of $400 million. It is ranked 327th among the top 500 computer businesses in the United States. The Florida court indictment papers say Jimenez set up several layers of companies as well. He created Mark Vision Holdings Inc., with headquarters in the British Virgin Islands, to conduct the same business that FTI used to do in some South American countries. He also set up two MVH subsidiaries in Uruguay: MarkVision International, Inc., and Mark Vision Zona Franca. Court documents also mention Kalisol, S.A., an Uruguay-based marketing firm purportedly owned by a Jimenez in-law, but which was allegedly controlled by Jimenez. Kalisol, along with FTI, would later figure prominently in the U.S. extradition papers on Jimenez.

WHAT HE WAS good in networking had been established in his early years as an entrepreneur in Manila. But Jimenez apparently honed his talents in developing connections all the more in the United States and Latin America, where he has claimed to have had tete-atetes with national leaders, including U.S. President Bill Clinton. Jimenez has said that he had been part of a small group of Clinton believers at a time when many were not giving the young Arkansas governor much chance to clinch the presidency. And while Florida court records say his contributions to the 1995 Clinton/Gore campaign was only $25,000, the Associated Press has cited U.S. Secret Service records showing that Jimenez was invited to the White House 12 times between 1994 and 1996. Photos made available to the press by Jimenez are also usually the ones showing him dining with Bill and Hillary. Aside from the Clintons, Jimenez has claimed to be a friend to 17 Latin American heads of state. News reports have even said Jimenez urged Clinton to help Paraguay President Juan Carlos Wasmosy when a coup detat was launched against the latter in 1997. That was the same year Jimenez came to Manila for a two-week visit. It was the beginning of the presidential campaign for the 1998 polls, and he apparently thought former Defense Secretary Renato de Villa would make a good chief executive. A member of the de Villa campaign has confirmed receiving financial contributions from Jimenez. Jimenez returned to Manila the day before the May 11, 1998 elections. He told a local daily that he had intended to take just a short vacation, but decided to stay on when he met and became friends with President Estrada. This differed greatly with what U.S. Assistant Attorney General James K. Robinson told ex-Philippine Ambassador to the United States Raul Rabe. According to Robinson, Jimenez had fled the United States to avoid arrest. Estrada, for his part, has confirmed that he did meet Jimenez, through businessman Manny Zamora (brother of Executive Secretary Ronaldo Zamora), for the first time after the 1998 elections. The President made the declaration to belie reports that Jimenez had contributed to his campaign and that this had much to do with the friendship that subsequently developed between them. Jimenez attributes his rapport with Estrada to his being a straight shooter. Malacaang insiders also say that, among other things, Jimenez has mastered the tricks of humoring an ill-tempered president who bawls out even members of his Cabinet. Says an insider of Jimenez: Paluhod-luhod pa yan (He kneels, even). Newspaper reports say the President enjoys Jimenezs company because he makes him laugh. The President has also commented that like his bosom friend and fellow action film star Fernando Poe, Jr., Jimenez asks for nothing. But Jimenez himself dismisses as garbage a rumor going around that when he got his P50 million commission from the PLDT-First Pacific merger, he offered the whole amount to the President. According to the story, Estrada returned the money to him, saying he was entitled to it. Jimenez supposedly refused, saying he did it for the country. But he was allegedly prevailed upon to accept P50 million, which he then used to buy a house in an upscale subdivision for one of the Presidents special women friends. What can be confirmed is that Jimenez does have a philanthropic side, which is one advantage he has over other Palace bureaucrats. A relative of the late Santiago Y. Toledo recalled that when the National Bureau of Investigation chief died, Jimenez took care of the funeral arrangements taking a big load off from the bereaved family. A Palace insider also says it is easy to be impressed with Jimenez because he talks with authority and details. Maraming kuwento (He has many stories), says the insider, although he says that anyone meeting Jimenez often enough will realize that the businessman tells the same stories over and over again. The official adds that Jimenez is good at power projection, and makes full use of the little information he has, conveying it to an interested party in a way that he appears to have unusual access. But the Palace insider huffs, Its mostly projection, more than anything else. One of those who seem to have been taken with Jimenez, however, is the President himself. Mark Jimenez is a serious guy who wants to help out country and our economic recovery, the President said in an April broadcast of his radio program Jeep ni Erap. He is, I would say, a corporate genius. The

President has also expressed admiration of Jimenezs achievements in the United States. Naging matagumpay sa Amerika as a businessman kaya nakinig naman ako sa kanya at maganda ang mga ibinigay na advice sa akin ( He became successful in America as a businessman, thats why I listened to him and he gave me good advice).

Republic of the Philippines, and that Mark B. Jimenez is a powerful man. It is precisely because of these factors that the treaty should be followed and that the rule of law should prevail. Its politically motivated, said the angry Jimenez. Its political harassment. But he did try to make light of the possibility that he would be turned over to U.S. authorities. Good, he said. Di magkikita kami ulit ni Bill (Clinton). Okay lang (So Bill and I will meet again. Thats okay SHOULD THAT reunion take place, there would be no weeping within Malacaangs power circle, in which a dislike for Jimenez is shared. In truth, the only one among the Presidents friends that Jimenez has no problem with is Eduardo Cojuangco Jr. But that may be partly because, as Cojuangco noted in a separate interview, Jimenez has yet to have any business dealings with him, and that they had only one lunch together so far. Its another story altogether with many of those who have spent more time with Jimenez. Although the power brokers in the Palace tend to bicker among themselves, they are united in their concern about the Presidents fascination with Jimenez. Even those belonging to the hollow bloc, as those who do not identify with any Palace faction are called, are wary of Jimenez. Foreign Secretary Doming L. Siazon worries over what the effects on Philippine-U.S. relations would be if Jimenez bucks the extradition request. Trade and Industry Secretary Jose Pardo, meanwhile, is leading the investigation on the use of Government Security and Insurance System (GSIS) and Social Security System pension funds said to be Jimenezs bright ideain recent corporate takeovers. It was because of a P15-billion backing from GSIS and SSS that Equitable Bank, for instance, was able to buy the Philippine Commercial International Bank (PCIBank). The move propelled Equitable from No. 10 to No. 2 in the banking industry. According to the regional newsmagazine Far Eastern Economic Review, Jimenez may have turned a neat profit from the undertaking as well. The Review says Jimenez has made good business out of the pension funds activities by selling off his own holdings in firms whose shares rose after the GSIS and SSS bought into them. Although the President credits Jimenez for the vitality of the stock market immediately after the PCIBank acquisition by the EquitableGSIS-SSS team, some Cabinet members snort that it was the use of the vast resources of state-run pension funds, and not by some action by Jimenez himself, that moved the markets. A Malacaang insider says Jimenez is now unpopular because he is too aggressive and has stepped on so many powerful toes. These include the foot digits of Manny Zamora, who was said to be displeased when Jimenez cut into the $750-million Philippine Long Distance Telephone Company-First Pacific merger he had been laboring over. Jimenez has also reportedly upset presidential son Jose Victor JV Ejercito and his mother, Guia Gomez. It was JV who wrote an e-mail to his friends in August in which Jimenez was described as a good con artist. JV added, I do not exactly like the guy so I might as well not talk about him. JV was supposedly alarmed when Jimenez tried to wrest control of Bingo Bonanza, the bingo games in SM malls, headed by JVs friend, Alfredo Benitez, son of the unlamented Jose Conrado Jolly Benitez who was once Imelda Marcoss deputy in the Ministry of Human Settlements. As for Gomez, talks are that some business deal is again the cause of the rift. On the other hand, Jimenez is rumored to be on really good terms with Laarni Enriquez, one of the presidents long-time women companions. Probably because Jimenez seems to be all over the place, it has been easy to believe rumors that he was buying into the media. He was said to have offered to purchase the Manila Times from the Gokongweis. Many even insist that the Timess new owners are really his dummies. Jimenez denies any interest in the Times, but he admits having bought ABS-CBN shares. For all his wealth and clout, however, Jimenez may find that the U.S. government could be a tenacious adversary. Obviously finding

WHAT U.S. OFFICIALS have said about Jimenez, however, have been less flattering. This is what is contained in the U.S. State Departments extradition request, which arrived at the Department of Foreign Affairs last June 17 with a boxful of supporting evidence: FTI, in which Jimenez was majority owner and chief executive officer, had a contract with Quantum Corporation that called for the latter to reimburse the former for expenses FTI incurred in advertising Quantum products. But Jimenez and other FTI officials allegedly created false advertising expenses, using the Jimenez-controlled Kalisol firm in Uruguay. These fake expenses were then submitted to Quantum. In so doing, Jimenez and company defrauded Quantum out of about $600,000. During 1995 and 1996, Jimenez caused FTI to transfer over $5,000,000 of its money out of the United States for himself. The amount was falsely reflected in FTIs tax returns as advertising expenses. Jimenez also did not report the money as income on his own personal returns thus, evading taxes of approximately $3.5 million. Then, starting in 1994, Jimenez contributed almost $40,000 to the campaigns of President Clinton, Vice-President Al Gore and five Democrat senators, namely Edward M. Kennedy, Thomas Strickland, Ann Henry, Roger Bedford, and Robert Torricelli. To evade the limits for campaign contribution, Jimenez got straw donors and later reimbursed them, first through the FTI payroll, and then in cash obtained through his own personal checking account. Jimenez thus caused the treasurer for each of the involved candidates campaigns to file false reports with the Federal Election Commission. The maximum sentence for each of the first four charges is five years imprisonment, three years supervised release, a $250,000- fine and $100 mandatory special assessment. The charge on illegal campaign contributions will earn for Jimenez, if convicted, a years stay in prison. Foreign Affairs Assistant Secretary Franklin Ebdalin says the request has a strong basis. But another foreign affairs official, who says he has talked with someone from the U.S. Central Intelligence Agency, refutes this. The charges are not really that serious, he says. According to the official, the U.S. government wants Jimenez for another purpose and the Florida court indictment is only a way to have him under their custody. The official says U.S. authorities are really after illegal drug operators in Latin America and believe Jimenez has a lot to tell them. They are not saying that he engaged in illegal drug trafficking, he says. But he may have dealt with some of those active in the illicit trade. They think he knows a lot about it. The official says the charges could be dropped if Jimenez agrees to sing the ballad of the drug lords in Latin America. The mention of this topic was one of the few times that Jimenez reacted strongly during his two encounters with i. At the time, he was in bed, with a tube up a nostril. The tube was connected to an oxygen tank. (His wife said it was his heart that was the problem, although Jimenez would later feast on Spanish sausages with a side of Caesars salad.) When the illegal drugs question came, Jimenez became livid. Lies, he hissed. Then he yanked the tube out of his nostril, got out of bed and went to the toilet. When he returned, he launched into a speech, saying the U.S. request renders hollow the principles the United States stands for. He also said it smacked of discrimination, without really explaining how. He merely cited a paragraph that says, The United States Government recognizes that this is a case of national interest in the

comfort and protection in Manila, Jimenez surrendered his green card to the U.S. Embassy last April. But Washington isnt letting go of its extradition request. As for Malacaang, Finance Secretary Edgardo Espiritu says before the President delivered his July 26 State of the Nation Address, his economic team met and assessed the issues confronting the administration. One of them was cronyism, and one of the names mentioned was that of Jimenez. Espiritu said they listed down the pros and cons about Jimenez. Apparently the cons outweighed the pros. Yet even then, a Palace insider says it took the strong possibility that Republican Texas Governor George W. Bush would be the next U.S. president for Estrada to be convinced that he had to stop protecting Jimenez from the U.S. extradition request. Estrada was told that a Republican in the White House would view with great disfavor his protecting a Democrat election contributor. Between the interest of the country and his friend, Estrada seems to have decided to let justice take its course. In this country, however, that could go either way.