Thomas Penfield Jackson
Encyclopedia
Thomas Penfield Jackson (born January 10, 1937 in Washington D.C.) is a former United States District Court
Judge for the District of Columbia.
He graduated from Dartmouth College
with an A.B. in the class of 1958, and from Harvard Law School
with a LL.B. in 1964. He served in the United States Navy
from 1958 to 1961. He was appointed to the Court in 1982 after serving as president of the District of Columbia Bar Association
, filling the seat vacated by Oliver Gasch
. He assumed senior status
in 2002 and retired in 2004. He is currently an attorney with the Jackson and Campbell, P.C., law firm.
He is perhaps best known to the public as the presiding judge in the United States v. Microsoft
case. Jackson was the first in a series of judges worldwide to determine that Microsoft abuses its market position and monopoly power in ways that are highly detrimental to innovation in the industry and consumers of the products. The summary paragraph in his findings of fact is quoted below.
Microsoft attempted to show that the judge's conduct during the case demonstrated that he unfairly favored the prosecution, but they failed to do so in court proceedings
. He did speak to a reporter off the record after the evidence in the case had been heard but prior to issuing his "Conclusions of law" and this was contrary to judicial rules. Speaking with that reporter he expressed unfavorable opinions and statements about Microsoft
Corporation and its employees which he had developed as a result of hearing the evidence and witnesses in the trial. He was eventually removed from the case by the United States Court of Appeals
. Speaking about Microsoft executives, he compared them to "stubborn mule
s who should be walloped with a two-by-four
" and "gangland killers", referring to a murder case he presided over four years earlier:
The judge also characterized Microsoft leader and co-founder Bill Gates
as a Napoleon, "unethical", as well as comparing him to a "drug trafficker
" repeatedly caught as a result of telephone wiretaps. However, it was private meetings with journalists released after the verdict but during the appeal that granted the appeal.
Judge Jackson's order that Microsoft be divided into two companies, one owning the Windows operating system and the other owning Microsoft's various application software products, including the Internet Explorer
web browser
, was also reversed on appeal. Eight of his factual findings about Microsoft's monopolistic practices against the Sherman Antitrust Act
, however, were upheld, though cut down based on the June 2001 appeal.
Judge Jackson, in spite of the findings of the appellate court, continued to deny that any such bias existed and insisted that any perception of bias in the minds of observers was created by Microsoft. His statements were a response to several evasive tactics Microsoft used at the trial, including falsifying video evidence, non-responsiveness on the stand, and denying allegations contained in evidence. The recusal has been called into question by some commentators, as other cases have warranted a "slap on the wrist", such as the Marion Barry trial in 1990 where Jackson said, "that he had never seen a stronger government case and was upset that some jurors would not vote to convict." The appeals court upheld the trial, but dissented that "It is worth noting that the district court judge could have recused himself in this case.... The recusal option was a compelling one."
When an unrelated case involving Microsoft and charges of discrimination
was assigned to him in 2001, Jackson recused
himself from the case.
Jackson was also the presiding judge in United States v. Marion S. Barry, where D.C.
Mayor Marion Barry
was convicted of one count of cocaine
possession.
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
Judge for the District of Columbia.
He graduated from Dartmouth College
Dartmouth College
Dartmouth College is a private, Ivy League university in Hanover, New Hampshire, United States. The institution comprises a liberal arts college, Dartmouth Medical School, Thayer School of Engineering, and the Tuck School of Business, as well as 19 graduate programs in the arts and sciences...
with an A.B. in the class of 1958, and from Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
with a LL.B. in 1964. He served in the United States Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
from 1958 to 1961. He was appointed to the Court in 1982 after serving as president of the District of Columbia Bar Association
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
, filling the seat vacated by Oliver Gasch
Oliver Gasch
Oliver Gasch was a United States federal judge.Born in Washington, D.C.., Gasch received an A.B. from Princeton University in 1928 and an LL.B. from George Washington University Law School in 1932. He was in private practice in Washington, D.C. from 1932. He was an Assistant corporation counsel,...
. He assumed senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
in 2002 and retired in 2004. He is currently an attorney with the Jackson and Campbell, P.C., law firm.
He is perhaps best known to the public as the presiding judge in the United States v. Microsoft
United States v. Microsoft
United States v. Microsoft was a set of civil actions filed against Microsoft Corporation pursuant to the Sherman Antitrust Act of 1890 Section 1 and 2 on May 8, 1998 by the United States Department of Justice and 20 U.S. states. Joel I. Klein was the lead prosecutor...
case. Jackson was the first in a series of judges worldwide to determine that Microsoft abuses its market position and monopoly power in ways that are highly detrimental to innovation in the industry and consumers of the products. The summary paragraph in his findings of fact is quoted below.
Most harmful of all is the message that Microsoft's actions have conveyed to every enterprise with the potential to
innovate in the computer industry. Through its conduct toward Netscape, IBM, Compaq, Intel, and others, Microsoft has
demonstrated that it will use its prodigious market power and immense profits to harm any firm that insists on pursuing
initiatives that could intensify competition against one of Microsoft's core products. Microsoft's past success in
hurting such companies and stifling innovation deters investment in technologies and businesses that exhibit the
potential to threaten Microsoft. The ultimate result is that some innovations that would truly benefit consumers never
occur for the sole reason that they do not coincide with Microsoft's self-interest.
Microsoft attempted to show that the judge's conduct during the case demonstrated that he unfairly favored the prosecution, but they failed to do so in court proceedings
Proceedings
In academia, proceedings are the collection of academic papers that are published in the context of an academic conference. They are usually distributed as printed books either before the conference opens or after the conference has closed. Proceedings contain the contributions made by researchers...
. He did speak to a reporter off the record after the evidence in the case had been heard but prior to issuing his "Conclusions of law" and this was contrary to judicial rules. Speaking with that reporter he expressed unfavorable opinions and statements about Microsoft
Microsoft
Microsoft Corporation is an American public multinational corporation headquartered in Redmond, Washington, USA that develops, manufactures, licenses, and supports a wide range of products and services predominantly related to computing through its various product divisions...
Corporation and its employees which he had developed as a result of hearing the evidence and witnesses in the trial. He was eventually removed from the case by the United States Court of Appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
. Speaking about Microsoft executives, he compared them to "stubborn mule
Mule
A mule is the offspring of a male donkey and a female horse. Horses and donkeys are different species, with different numbers of chromosomes. Of the two F1 hybrids between these two species, a mule is easier to obtain than a hinny...
s who should be walloped with a two-by-four
Lumber
Lumber or timber is wood in any of its stages from felling through readiness for use as structural material for construction, or wood pulp for paper production....
" and "gangland killers", referring to a murder case he presided over four years earlier:
On the day of the sentencing, the gang members maintained that they had done nothing wrong, saying that the whole case
was a conspiracy by the white power structure to destroy them. I am now under no illusions that miscreants will realize
that other parts of society view them that way."
The judge also characterized Microsoft leader and co-founder Bill Gates
Bill Gates
William Henry "Bill" Gates III is an American business magnate, investor, philanthropist, and author. Gates is the former CEO and current chairman of Microsoft, the software company he founded with Paul Allen...
as a Napoleon, "unethical", as well as comparing him to a "drug trafficker
Illegal drug trade
The illegal drug trade is a global black market, dedicated to cultivation, manufacture, distribution and sale of those substances which are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug prohibition laws.A UN report said the...
" repeatedly caught as a result of telephone wiretaps. However, it was private meetings with journalists released after the verdict but during the appeal that granted the appeal.
Judge Jackson's order that Microsoft be divided into two companies, one owning the Windows operating system and the other owning Microsoft's various application software products, including the Internet Explorer
Internet Explorer
Windows Internet Explorer is a series of graphical web browsers developed by Microsoft and included as part of the Microsoft Windows line of operating systems, starting in 1995. It was first released as part of the add-on package Plus! for Windows 95 that year...
web browser
Web browser
A web browser is a software application for retrieving, presenting, and traversing information resources on the World Wide Web. An information resource is identified by a Uniform Resource Identifier and may be a web page, image, video, or other piece of content...
, was also reversed on appeal. Eight of his factual findings about Microsoft's monopolistic practices against the Sherman Antitrust Act
Sherman Antitrust Act
The Sherman Antitrust Act requires the United States federal government to investigate and pursue trusts, companies, and organizations suspected of violating the Act. It was the first Federal statute to limit cartels and monopolies, and today still forms the basis for most antitrust litigation by...
, however, were upheld, though cut down based on the June 2001 appeal.
Judge Jackson, in spite of the findings of the appellate court, continued to deny that any such bias existed and insisted that any perception of bias in the minds of observers was created by Microsoft. His statements were a response to several evasive tactics Microsoft used at the trial, including falsifying video evidence, non-responsiveness on the stand, and denying allegations contained in evidence. The recusal has been called into question by some commentators, as other cases have warranted a "slap on the wrist", such as the Marion Barry trial in 1990 where Jackson said, "that he had never seen a stronger government case and was upset that some jurors would not vote to convict." The appeals court upheld the trial, but dissented that "It is worth noting that the district court judge could have recused himself in this case.... The recusal option was a compelling one."
When an unrelated case involving Microsoft and charges of discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
was assigned to him in 2001, Jackson recused
Recusal
Judicial disqualification, also referred to as recusal, refers to the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer. Applicable statutes or canons of ethics may provide...
himself from the case.
Jackson was also the presiding judge in United States v. Marion S. Barry, where D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
Mayor Marion Barry
Marion Barry
Marion Shepilov Barry, Jr. is an American Democratic politician who is currently serving as a member of the Council of the District of Columbia, representing DC's Ward 8. Barry served as the second elected mayor of the District of Columbia from 1979 to 1991, and again as the fourth mayor from 1995...
was convicted of one count of cocaine
Cocaine
Cocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
possession.