skilling argued march decided june founded enron corporation grew headquarters houston texas seventh company america petitioner jeffrey skilling longtime enron officer enron chief executive officer february august resigned less four months later enron crashed bankruptcy stock plummeted value investigation uncovered elaborate conspiracy prop enron stock prices overstating company financial government prosecuted dozens enron employees participated scheme time government worked way chain command indicting skilling two top enron executives three defendants indictment charged engaged scheme deceive investors enron true financial performance manipulating publicly reported financial results making false misleading statements count indictment charged skilling inter alia conspiracy commit wire fraud depriving enron shareholders intangible right honest services skilling also charged substantive counts securities fraud wire fraud making false representations enron auditors insider trading november skilling moved change venue contending hostility toward houston coupled extensive pretrial publicity poisoned potential jurors submitted hundreds news reports detailing enron downfall well affidavits experts engaged portraying community attitudes houston comparison potential venues district denied motion concluding pretrial publicity warrant presumption skilling unable obtain fair trial houston despite incidents intemperate commentary observed media coverage whole objective unemotional facts case neither heinous sensational moreover asserted effective voir dire detect juror bias months trial asked parties questions might use screen prospective jurors rejecting government sparer inquiries favor skilling probing specific questions converted skilling submission slight modifications document questionnaire asked prospective jurors sources news exposure publicity beliefs concerning enron caused collapse opinions regarding defendants possible guilt innocence relationships company anyone affected demise mailed questionnaire prospective jurors received responses nearly granted hardship exemptions individuals parties approval winnowed pool excusing another cause hardship physical disability parties agreed exclude particular every prospective juror said preexisting opinion enron defendants prevent impartial december three weeks trial date one skilling richard causey pleaded guilty skilling renewed motion arguing juror questionnaires revealed pervasive bias news accounts causey guilty plea tainted jury pool declined move trial ruling questionnaires voir dire provided safeguards adequate ensure impartial jury also denied skilling request voir dire ground potential jurors forthcoming judges lawyers promised give counsel opportunity ask questions agreed venire members examined individually pretrial publicity allotted defendants jointly two extra peremptory challenges voir dire began january questioning venire group examined prospective jurors individually asking exposure news content stories stood mind questionnaire answers raised red flag signaling possible bias permitted side pose questions ruled parties challenges cause ultimately qualified prospective jurors number sufficient allowing peremptory challenges empanel jurors alternates trial jury found skilling guilty counts including conspiracy charge guilty counts appeal skilling raised two arguments relevant first contended pretrial publicity community prejudice prevented obtaining fair trial second alleged jury improperly convicted conspiracy commit wire fraud former fifth circuit initially determined volume negative tone media coverage generated enron collapse created presumption juror prejudice stating however presumption rebuttable examined voir dire found proper thorough held district empaneled impartial jury appeals also rejected skilling claim conduct indicate conspiracy commit fraud address skilling argument statute interpreted exclude actions invalidated unconstitutionally vague held pretrial publicity community prejudice prevent skilling obtaining fair trial establish presumption juror prejudice arose actual bias infected jury tried pp district err denying skilling requests venue transfer pp although sixth amendment art iii cl provide criminal trials state district crime committed prescriptions impede transfer proceeding different district extraordinary local prejudice prevent fair trial pp foundation precedent presumption prejudice fifth circuit analysis proceeded rideau louisiana wilbert rideau robbed bank kidnaped three bank employees killed one police interrogated rideau jail without counsel present obtained confession without knowledge filmed televised three times large local audiences shortly trial louisiana trial denied rideau motion convicted conviction upheld direct appeal reversed tens thousands people saw heard explained interrogation real sense rideau trial pleaded guilty ithout pausing examine voir dire held kangaroo proceedings trailing televised confession violated due process followed rideau two cases media coverage manifestly tainted criminal prosecutions however later explained decisions made stand proposition juror exposure news accounts crime alone presumptively deprives defendant due process murphy florida thus prominence necessarily produce prejudice juror impartiality require ignorance see irvin dowd presumption prejudice attends extreme case pp important differences separate skilling prosecution presumed juror prejudice first emphasized size characteristics community crime occurred contrast setting rideau example record shows houston nation fourth populous city given large diverse pool residents eligible jury duty suggestion impartial individuals empaneled houston hard sustain second although news stories skilling kind contained blatantly prejudicial information rideau dramatically staged admission guilt third unlike rideau cases trial swiftly followed widely reported crime four years elapsed enron bankruptcy skilling trial although reporters covered news throughout period decibel level media attention diminished somewhat years following enron collapse finally prime significance skilling jury acquitted nine counts similarly earlier instituted prosecutions yielded overwhelming victory government odd appellate presume prejudice case jurors actions run counter presumption pp fifth circuit presumed juror prejudice based primarily magnitude negative tone media attention directed enron pretrial publicity even pervasive adverse publicity inevitably lead unfair trial nebraska press assn stuart news stories enron present kind vivid unforgettable information recognized particularly likely produce prejudice houston size diversity diluted media impact enron sheer number victims trigger presumption although widespread community impact necessitated careful identification inspection prospective jurors connections enron extensive screening questionnaire voir dire yielded jurors whose links enron either nonexistent attenuated finally causey well publicized decision plead guilty shortly trial created danger juror prejudice district took appropriate steps mitigate risk pp actual prejudice contaminated skilling jury rejects skilling assertions voir dire adequately detect defuse juror prejudice several seated jurors biased pp formula dictates necessary depth breadth voir dire jury selection particularly within province trial judge ristaino ross pretrial publicity issue moreover primary reliance judgment trial makes especially good sense judge sits locale publicity said effect may base evaluation perception depth extent news stories might influence juror virginia considers adequacy jury selection skilling case attentive respect due determinations juror impartiality measures necessary ensure impartiality pp skilling failed show voir dire fell short constitutional requirements process insufficient skilling maintains voir dire lasted five hours district questions conclusory failed adequately probe jurors true feelings consistently took prospective jurors word claimed fair matter indications bias review record however yields different appraisal district initially screened venire members eliciting responses comprehensive questionnaire drafted large part skilling survey helped identify prospective jurors excusable cause served springboard questions voir dire thus culmination lengthy process moreover inspection questionnaires voir dire seated jurors reveals notwithstanding flaws skilling lists selection process secured jurors largely uninterested publicity enron untouched corporation collapse whatever community prejudice existed houston generally skilling jurors sway relying irvin dowd skilling asserts district accepted jurors promises fairness number factors show district far less reason trial irvin discredit jurors assurances impartiality news stories enron contained nothing resembling horrifying information rife reports leslie irvin rampage robberies murders houston shares little common rural community irvin trial proceeded circulation figures houston media sources far lower saturation level recorded irvin skilling seated jurors exhibited nothing like display bias shown irvin event district simply take venire members word questioned juror individually uncover concealed bias opportunity gauge demeanor credibility coupled information questionnaires regarding jurors backgrounds opinions news sources gave sturdy foundation assess fitness jury service pp skilling allegation several jurors openly biased also fails reviewing claims deference due district courts pinnacle trial findings juror impartiality may overturned manifest error skilling moreover unsuccessfully challenged one seated jurors cause strong evidence convinced jurors biased formed opinions guilt beck washington review record reveals manifest error regarding empaneling jurors indicated inter alia fair skilling require government prove case four jurors skilling claims excluded extra peremptory strikes jurors exhibited signs prejudice discern pp section proscribes fraudulent deprivations intangible right honest services properly confined cover bribery kickback schemes skilling alleged misconduct entailed bribe kickback fall within confinement proscription pp place skilling claim unconstitutionally vague context reviews origin subsequent application doctrine pp series decisions beginning courts appeals one another interpreted statute prohibition scheme artifice defraud include deprivations money property also intangible rights see shushan stimulated development doctrine unlike traditional fraud victim loss money property supplied defendant gain one mirror image doctrine targeted corruption lacked similar symmetry offender profited betrayed party suffered deprivation money property instead third party deceived provided enrichment even scheme occasioned money property gain betrayed party courts reasoned actionable harm lay denial party right offender honest services often cases involved bribery public officials time courts increasingly recognized doctrine applied private employee breached allegiance employer often accepting bribes kickbacks courts appeals embraced theory fraud pp halted development doctrine mcnally held statute limited scope protection property rights congress desires go stated must speak clearly ibid congress responded next year enacting provides purposes th chapter code prohibits inter alia mail fraud wire fraud term artifice defraud includes scheme artifice deprive another intangible right honest services pp section properly confined core cases unconstitutionally vague pp satisfy due process penal statute must define criminal offense sufficient definiteness ordinary people understand conduct prohibited manner encourage arbitrary discriminatory enforcement kolender lawson doctrine embraces requirements skilling contends meets neither two essentials must possible construe condemn congress enactments see civil service letter carriers alert potential breadth courts appeals divided best interpret statute uniformly however declined throw statute irremediably vague agrees construed rather invalidated looks doctrine developed cases endeavor ascertain meaning phrase intangible right honest services doubt congress intended refer incorporate doctrine recognized courts appeals decisions mcnally derailed theory fraud congress bears emphasis enacted heels mcnally drafted statute using decision terminology see pp preserve congress certainly intended cover pares body precedent core main cases involved fraudulent schemes deprive another honest services bribes kickbacks supplied third party deceived parsing various decisions acknowledges skilling vagueness challenge force decisions models clarity consistency long practice however striking federal statute impermissibly vague consider whether prescription amenable limiting construction see hooper california arguing limiting construction skilling contends impossible identify salvageable core cases inconsistent hopelessly unclear rejected argument tenor letter carriers although applications doctrine occasioned disagreement among courts appeals decisions cloud fact vast majority cases involved offenders violation fiduciary duty participated bribery kickback schemes indeed mcnally presented paradigmatic kickback fact pattern view history doubt congress intended reach least bribes kickbacks reading statute proscribe wider range offensive conduct raise vagueness concerns holds criminalizes core case law pp government urges go reading proscribe another category conduct undisclosed public official private employee neither government arguments support position withstands close inspection contrary first mcnally center nondisclosure conflicting financial interest rather involved classic kickback scheme see reading proscribe bribes kickbacks nothing satisfies congress undoubted aim reverse mcnally facts persuaded government argument cases constitute core applications doctrine although courts appeals upheld convictions schemes reached consensus schemes qualified given relative infrequency prosecutions intercircuit inconsistencies produced concludes reasonable limiting construction must exclude amorphous category cases dispelling doubt point principle ambiguity concerning ambit criminal statutes resolved favor lenity cleveland therefore resists government less constrained construction absent congress clear instruction otherwise congress desires go reiterates must speak clearly mcnally pp interpreted encompass bribery kickback schemes unconstitutionally vague prohibition fraudulently depriving another one honest services accepting bribes kickbacks presents neither problem see kolender fair notice always clear bribes kickbacks constitute fraud williams statute mens rea requirement blunts notice concern see screws arbitrary prosecutions perceives significant risk statute interpreted stretched shape prohibition bribes kickbacks draws content case law also federal statutes proscribing defining similar crimes pp skilling violate interprets statute government charged skilling conspiring defraud enron shareholders misrepresenting company fiscal health profit government never alleged solicited accepted side payments third party exchange making misrepresentations indictment alleged three objects conspiracy wire fraud wire fraud securities fraud skilling conviction flawed see yates determination however necessarily require reversal conspiracy conviction errors yates variety subject analysis leaves parties dispute whether error harmless resolution remand along question whether reversal conspiracy count touch skilling convictions pp affirmed part vacated part remanded ginsburg delivered opinion part joined roberts stevens scalia kennedy thomas alito part ii joined roberts scalia kennedy thomas part iii joined roberts stevens breyer alito sotomayor jj scalia filed opinion concurring part concurring judgment thomas joined kennedy joined except part iii alito filed opinion concurring part concurring judgment sotomayor filed opinion concurring part dissenting part stevens breyer joined jeffrey skilling petitioner writ certiorari appeals fifth circuit june justice ginsburg delivered opinion enron corporation seventh company america crashed bankruptcy consider opinion two questions arising prosecution jeffrey skilling longtime enron executive crimes committed corporation collapse first pretrial publicity community prejudice prevent skilling obtaining fair trial second jury improperly convict skilling conspiracy commit wire fraud answering questions fifth circuit affirmed skilling convictions conclude common appeals skilling argument fails skilling hold establish presumption juror prejudice arose actual bias infected jury tried disagree fifth circuit ruling proscribing fraudulent deprivations intangible right honest services congress intended least reach schemes defraud involving bribes kickbacks construing statute extend beyond core meaning conclude encounter vagueness shoal therefore hold covers bribery kickback schemes skilling alleged misconduct entailed bribe kickback fall within proscription therefore affirm part vacate part founded enron corporation grew headquarters houston texas one world leading energy companies skilling launched career kenneth lay company founder hired head enron subsidiary skilling steadily rose corporation ranks serving president chief operating officer beginning february chief executive officer six months later august skilling resigned enron less four months skilling departure enron spiraled bankruptcy company stock traded per share august plummeted pennies per share late attempting comprehend caused corporation collapse department justice formed enron task force comprising prosecutors fbi agents around nation government investigation uncovered elaborate conspiracy prop enron stock prices overstating company financial years following enron bankruptcy government prosecuted dozens enron employees participated scheme time government worked way corporation chain command july grand jury indicted skilling lay richard causey enron former chief accounting officer three defendants indictment alleged engaged scheme deceive investing public including enron shareholders true performance enron businesses manipulating enron publicly reported financial results making public statements representations enron financial performance results false misleading app skilling indictment continued enriched result scheme salary bonuses grants stock stock options profits prestige count indictment charged skilling conspiracy commit securities wire fraud particular alleged skilling sought depriv enron shareholders intangible right honest services indictment charged skilling substantive counts securities fraud wire fraud making false representations enron auditors insider trading november skilling moved transfer trial another venue contended hostility toward houston coupled extensive pretrial publicity poisoned potential jurors support assertion skilling aided media experts submitted hundreds news reports detailing enron downfall also presented affidavits experts engaged portraying community attitudes houston comparison potential venues district southern district texas accord rulings two earlier instituted denied motion despite isolated incidents intemperate commentary observed media coverage ha mostly objective unemotional facts case neither heinous sensational app brief moreover courts ha commonly favored effective voir dire ferret juror bias pretrial publicity case concluded warrant presumption skilling unable obtain fair trial houston months leading trial district solicited parties questions might use screen prospective jurors unable agree questionnaire format content skilling government submitted dueling documents venire members sources news example government proposed tick boxes checklist generic labels elevision ewspaper adio record skilling proposed probing questions asking venire members list specific names media sources report st ood mind things ha seen heard read enron district rejected government sparer inquiries favor skilling submission skilling questions helpful said generally ould allow potential jurors give us meaningful information converted skilling submission slight modifications document asked prospective jurors inter alia sources news exposure publicity beliefs concerning enron caused collapse opinions regarding defendants possible guilt innocence relationships company anyone affected november district mailed questionnaire prospective jurors received responses nearly addressees granted hardship exemptions approximately individuals parties approval winnowed pool excusing another cause hardship physical disability parties agreed exclude particular every prospective juror said preexisting opinion enron defendants prevent impartially considering evidence trial december three weeks date scheduled commencement trial causey pleaded guilty skilling attorneys immediately requested continuance district agreed delay proceedings end january interim skilling renewed motion arguing juror questionnaires revealed pervasive bias news accounts causey guilty plea tainted jury pool houston remained trial venue skilling urged jurors need questioned individually counsel concerning opinions enron publicity issues district declined move trial skilling concluded still establish ed pretrial publicity community prejudice raise presumption inherent jury prejudice questionnaires voir dire observed provided safeguards adequate ensure impartial jury denying skilling request voir dire said years bench found get forthcoming responses potential jurors lawyers either side know whether people suspicious lawyers think ask person question get candid response much easier lawyer asks question promised give counsel opportunity ask questions agreed venire members examined individually pretrial publicity also allotted defendants jointly peremptory challenges standard number prescribed federal rule criminal procedure voir dire began january district first emphasized venire importance impartiality explained presumption innocence government burden proof trial next instructed forum seek vengeance enron former officers provide remedies victims app bottom line stressed want jurors faithfully conscientiously impartially serve selected response query whether prospective juror questioned ability adhere instructions two individuals indicated fair therefore excused cause questioning venire district brought prospective jurors one one bench individual examination although questions varied process generally tracked following format asked exposure news content stories stood prospective juror mind next homed questionnaire answers raised red flag signaling possible bias permitted side pose questions finally venire member stepped away entertained ruled challenges cause granted one government forcause challenges denied four granted three defendants challenges denied six parties agreed excuse three additional jurors cause one hardship end day qualified prospective jurors number sufficient allowing peremptory challenges empanel jurors jury sworn skilling objected seating six jurors contend fact biased instead urged used peremptories exclude exhausted supply striking several venire members refused excuse cause supp app sealed overruled objection jurors took oath district told discuss case anyone follow media accounts proceedings ach explained needs absolutely sure decisions concerning facts based evidence hear read courtroom app following trial nearly five days deliberation jury found skilling guilty counts including conspiracy charge guilty counts district sentenced skilling months imprisonment years supervised release million restitution appeal skilling raised host challenges convictions including arguments presses regarding former fifth circuit initially determined volume negative tone media coverage generated enron collapse created presumption juror prejudice also noted potential prejudice stemming causey guilty plea large number victims houston housands enron employees lost jobs saw accounts wiped houstonians suffered spillover economic effects appeals stated however presumption prejudice rebuttable therefore examined voir dire determine whether district empanelled impartial jury internal quotation marks italics capitalization omitted voir dire fifth circuit view proper thorough moreover noted skilling challenged one seated juror juror cause although juror made troubling comments corporate greed district observed demeanor listened answers believed make government prove case sum fifth circuit found government overcome presumption prejudice skilling show juror actually sat prejudiced ibid appeals also rejected skilling claim conduct indicate conspiracy commit fraud jury entitled convict skilling stated elements material breach fiduciary duty results detriment employer including one occasioned employee decision withhold material information information reason believe lead reasonable employer change conduct fifth circuit address skilling argument statute interpreted exclude actions invalidated unconstitutionally vague brief jeffrey skilling arguing fifth circuit erred consideration claims skilling sought relief granted certiorari affirm part vacate part remand consider first skilling allegation juror prejudice next argument ii pointing community passion aroused enron collapse vitriolic media treatment aimed skilling argues trial never proceeded houston brief petitioner even possible select impartial jurors houston truncated voir dire almost nothing weed prejudices contends ar rebutting presumption prejudice record affirmatively confirmed skilling claim thus raises two distinct questions first district err failing move trial different venue based presumption prejudice second actual prejudice contaminate skilling jury sixth amendment secures criminal defendants right trial impartial jury constitutional design trial occurs state crimes committed art iii cl see also amdt right trial jury state district wherein crime shall committed constitution prescriptions however impede transfer proceeding different district defendant request extraordinary local prejudice prevent fair trial basic requirement due process murchison theory trial system conclusions reached case induced evidence argument open outside influence whether private talk public print patterson colorado ex rel attorney general opinion holmes publicity attending conduct charged criminal dim prospects trier judge case due process requires impartially unswayed outside influence cases consequence garner least pretrial publicity courts considered question diverse settings begin discussion addressing presumption prejudice fifth circuit analysis skilling case proceeded foundation precedent rideau louisiana wilbert rideau robbed bank small louisiana town kidnaped three bank employees killed one police interrogated rideau jail without counsel present obtained confession without informing rideau less seeking consent police filmed interrogation three separate occasions shortly trial local television station broadcast film audiences ranging individuals rideau moved change venue arguing receive fair trial parish crime occurred population approximately people trial denied motion jury eventually convicted rideau louisiana upheld conviction reversed people community saw television sets observed rideau jail flanked sheriff two state troopers admitting detail commission robbery kidnapping murder tens thousands people saw heard explained interrogation real sense rideau trial pleaded guilty therefore id hesitate hold without pausing examine particularized transcript voir dire kangaroo proceedings trailing televised confession violated due process followed rideau lead two later cases media coverage manifestly tainted criminal prosecution estes texas extensive publicity trial swelled excessive exposure preliminary proceedings reporters television crews overran courtroom bombard ed community sights sounds pretrial hearing media overzealous reporting efforts observed led considerable disruption denied judicial serenity calm billie sol estes entitled similarly sheppard maxwell news reporters extensively covered story sam sheppard accused bludgeoning pregnant wife death edlam reigned courthouse trial newsmen took practically entire courtroom thrusting jurors role celebrities pretrial media coverage characterized months virulent publicity sheppard murder alone deny due process noted sheppard case involved heated reporting pretrial upset murder conviction carnival atmosphere pervaded trial cases overturned conviction obtained trial atmosphere utterly corrupted press coverage decisions however made stand proposition juror exposure news accounts crime alone presumptively deprives defendant due process murphy florida see also patton yount prominence necessarily produce prejudice juror impartiality reiterated require ignorance irvin dowd jurors required totally ignorant facts issues involved scarcely best qualified serve jurors formed impression opinion merits case reynolds case public interest almost matter necessity brought attention intelligent people vicinity scarcely one found among best fitted jurors read heard impression opinion respect presumption prejudice decisions indicate attends extreme case relying rideau estes sheppard skilling asserts need pause examine screening questionnaires voir dire declaring jury verdict void persuaded important differences separate skilling prosecution presumed juror first emphasized prior decisions size characteristics community crime occurred rideau example noted murder committed parish residents houston contrast fourth populous city nation time skilling trial million individuals eligible jury duty resided houston area app given large diverse pool potential jurors suggestion impartial individuals empaneled hard sustain see virginia potential prejudice mitigated size metropolitan washington statistical area population million unfortunately hundreds murders committed year gentile state bar plurality opinion reduced likelihood prejudice venire drawn pool individuals second although news stories skilling kind contained confession blatantly prejudicial information type readers viewers reasonably expected shut sight rideau dramatically staged admission guilt instance likely imprinted indelibly mind anyone watched cf parker randolph plurality opinion defendant confession probably probative damaging evidence admitted internal quotation marks omitted pretrial publicity skilling less memorable prejudicial evidence variety invited prejudgment culpability see chagra jury may difficulty disbelieving forgetting defendant opinion guilt difficulty rejecting opinions others may third unlike cases trial swiftly followed widely reported crime rideau four years elapsed enron bankruptcy skilling trial although reporters covered news throughout period decibel level media attention diminished somewhat years following enron collapse see app yount finally prime significance skilling jury acquitted nine counts similarly earlier instituted prosecutions yielded overwhelming victory rideau estes sheppard marked contrast jury verdict undermine way supposition juror bias odd appellate presume prejudice case jurors actions run counter presumption see jury ability discern failure proof guilt alleged crimes indicates fair minded consideration issues reinforces belief conclusion media coverage lead deprivation right impartial skilling trial short shares little common approved presumption juror prejudice fifth circuit reached opposite conclusion based primarily magnitude negative tone media attention directed enron pretrial publicity even pervasive adverse publicity inevitably lead unfair trial nebraska press assn stuart case noted news stories enron present kind vivid unforgettable information recognized particularly likely produce prejudice houston size diversity diluted media enron sheer number victims trigger presumption prejudice although widespread community impact necessitated careful identification inspection prospective jurors connections enron extensive screening questionnaire voir dire well suited task hindsight shows efficacy devices discuss infra jurors links enron either nonexistent attenuated finally although causey decision plead guilty shortly trial created danger juror prejudice district took appropriate steps reduce risk delayed proceedings two weeks lessening immediacy development voir dire asked prospective jurors exposure recent publicity including news regarding causey two venire members recalled plea neither mentioned causey name neither ultimately served skilling jury app although publicity codefendant guilty plea calls inquiry guard actual prejudice ordinarily satisfied warrant automatic presumption prejudice persuaded presumption conclude district declining order venue change exceed constitutional next consider whether actual prejudice infected skilling jury voir dire skilling asserts adequately detect defuse juror bias record affirmatively confirm prejudice maintains several seated jurors prejudged guilt brief petitioner disagree skilling characterization voir dire jurors selected formula dictates necessary depth breadth voir dire see wood impartiality technical conception state mind ascertainment mental attitude appropriate indifference constitution lays particular tests procedure chained ancient artificial jury selection repeatedly emphasized particularly within province trial judge ristaino ross internal quotation marks omitted see yount plurality opinion connors pretrial publicity issue primary reliance judgment trial makes especially good sense judge sits locale publicity said effect may base evaluation perception depth extent news stories might influence juror appellate courts making assessments media impact jurors mindful judgments lack comprehension situation possessed trial judges reviewing courts properly resistant trial judge estimation juror impartiality judge appraisal ordinarily influenced host factors impossible capture fully record among prospective juror inflection sincerity demeanor candor body language apprehension duty see reynolds contrast cold transcript received appellate voir dire affords trial intimate immediate basis assessing venire member fitness jury service consider adequacy jury selection skilling case therefore attentive respect due determinations juror impartiality measures necessary ensure skilling deems voir dire insufficient argues jury selection lasted five hours ost questions conclusory failed adequately probe jurors true feelings consistently took prospective jurors word claimed fair matter indications bias present brief petitioner emphasis deleted review record however yields different noted supra district initially screened venire members eliciting responses comprehensive questionnaire drafted large part skilling survey helped identify prospective jurors excusable cause served springboard questions put remaining members array voir dire thus words culmination lengthy process app see consider questionnaire assessing quality voir dire whole prosecutions note district courts inspecting venire members responses questionnaires completed process within one day see supra district conducted voir dire moreover aware need due pretrial publicity ensure jury bias skilling urging examined prospective juror individually thus preventing spread prejudicial information venire members see encourage candor repeatedly admonished right wrong answers th questions app denied skilling request voir dire experience potential jurors forthcoming rather counsel asked question record parties however accorded opportunity ask questions every prospective juror brought bench colloquy skilling counsel declined ask anything half venire members questioned individually including eight eventually selected jury explained counsel covered everything wanted know app inspection questionnaires voir dire individuals actually served jurors satisfies us notwithstanding flaws skilling lists selection process successfully secured jurors largely untouched enron eleven seated jurors alternates reported connection enron jurors reported insubstantial link see supp app juror met guy worked enron remember name pretrial publicity jurors alternates specifically stated paid scant attention news see app juror asically start knowing nothing case follow whole lot juror enron anything interested reading detail really know much remaining two jurors indicated nothing news influenced opinions questionnaires confirmed whatever community prejudice existed houston generally skilling jurors although many expressed sympathy victims enron bankruptcy speculated greed contributed corporation collapse sentiments translate animus toward skilling asked whether ha opinion jeffrey skilling none seated jurors alternates checked yes response question whether opinion may formed regarding enron skilling prevent impartial consideration evidence trial every juror despite options mark yes unsure instead checked district skilling asserts accept ed face value jurors promises fairness brief petitioner irvin dowd skilling points found actual prejudice despite jurors assurances impartial brief petitioner justice sotomayor turn repeatedly relies irvin regards closely analogous case see post opinion concurring part dissenting part hereinafter dissent see also post disagree characterization irvin facts irvin worlds apart presented leslie irvin stood accused brutal murder robbery spree small rural community months irvin trial barrage publicity unleashed including reports confessions slayings robberies description media coverage irvin reveals dissent best case apt comparison tories revealed details irvin background including reference crimes committed juvenile convictions arson almost years previously burglary awol charges war accused parole violator headlines announced police identification faced lie detector test placed scene crime six murders solved refused confess finally announced irvin confession six murders fact indictment four indiana reported irvin offer plead guilty promised sentence also determination hand prosecutor secure death penalty irvin confessed burglaries modus operandi robberies compared murders similarity noted one story dramatically relayed promise sheriff devote life securing irvin execution another characterized irvin remorseless without conscience also found sane panel doctors many stories irvin described slayer six parole violator artist irvin counsel quoted received criticism irvin counsel pointed way excusing attorney subject disbarment refuse represent irvin day trial newspapers carried story irvin orally admitted murder one victim well second individual murder third individual slaughter three members different family ewspapers se stories appeared delivered regularly dwellings county trial occurred population radio tv stations likewise blanketed county also carried extensive newscasts covering incidents reviewing irvin claim noted pattern deep bitter prejudice community clearly reflected sum total voir dire prospective jurors almost examined point entertained opinion guilt jurors thought irvin guilty internal quotation marks omitted although jurors declared impartial held ith life stake requiring much irvin tried atmosphere undisturbed huge wave public passion jury one members admit hearing testimony possessing belief guilt case noted supra news stories enron contained nothing resembling horrifying information rife reports irvin rampage robberies murders key importance houston shares little common rural community irvin trial proceeded circulation figures houston media sources far lower saturation level recorded irvin see app brief houston chronicle reaches less occupied households houston internal quotation marks omitted skilling seated jurors moreover exhibited nothing like display bias shown irvin see supra noting inter alia none skilling jurors answered yes asked ha opinion skilling see also post dissent distinguishing irvin similar bases offense occurred large metropolitan area media coverage pervasive irvin contain sort damaging information seated jurors uniformly disclaimed ever formed opinion case internal quotation marks omitted light large differences district far less reason trial irvin discredit jurors promises fairness district moreover simply take venire members proclaimed impartiality noted skilling jurors already affirmed questionnaires trouble basing verdict evidence trial nevertheless followed individually uncover concealed bias opportunity gauge demeanor credibility coupled information questionnaires regarding jurors backgrounds opinions sources news gave sturdy foundation assess fitness jury service see district made thorough credibility determinations requir ed venire members statements jury verdict nine counts nearly five days deliberation meanwhile suggests assessments accurate see haldeman cadc skilling conclude failed show voir dire fell short constitutional skilling also singles several jurors particular contends openly biased see seating juror dismissed cause require reviewing claims type deference due district courts pinnacle trial findings juror impartiality may overturned manifest error internal quotation marks omitted skilling moreover unsuccessfully challenged one seated jurors cause strong evidence convinced jurors biased formed opinions guilt beck washington considerations mind turn skilling specific allegations juror partiality skilling contends juror seated juror challenged cause expressed obvious bias brief petitioner see also post dissent juror stated greed enron part triggered company bankruptcy corporate executives driven avarice walk line stretches sometimes legality something app fifth circuit accurately summarized juror idea whether skilling line say every ceo probably crook also asserted fair require government prove case believe everything read paper details enron coverage watch television enron news despite criticism greed juror remarked skilling earned salar app said problem telling lost funds due enron collapse jury voted acquit scenario came pass district noting looked juror eye heard answers found assertions impartiality credible cf supra agree appeals express finding juror fair reversible error skilling also objected trial seating six specific jurors said excluded already exhausted peremptory challenges see supra juror observes said enron collapse forfeit funds survive layoffs reply brief juror made clear voir dire personally blame skilling loss retirement account app pa id much attention news quite honestly enough information know whether skilling probably guilty th fair impartial light answers district commit manifest error finding juror fit jury service true juror skilling points wrote questionnaire skilling knew breaking law reply brief voir dire however juror insisted really opinion skilling guilt either way app know thinking completed questionnaire absolutely presumed skilling innocent confirmed understanding government prove guilt response questions skilling counsel stated presume skilling violated laws bsolutely give word fair jurors recognized expected invariably express carefully even consistently yount see also federal appellate deference must operate cold record arouses concern trial judge tell answers said greatest comprehension sit conclude juror biased four remaining jurors skilling said excluded extra peremptory strikes exhibited sign prejudice discern see app juror remembered media coverage enron said nothing experience prevent fair impartial supp app juror connection enron anger collapse app juror know much enron supp app app juror heard read anything enron said know enough answer question whether angry company demise skilling counsel declined ask questions jurors indeed told juror nothing ask gave right answers whatever skilling reasons wanting strike four individuals jury credibly assert displayed disqualifying sum skilling failed establish presumption prejudice arose actual bias infected jury tried jurors trial correctly comprehended need enter box empty heads order determine facts impartially sufficient juror lay aside impression opinion render verdict based evidence presented irvin taking account full record rather incomplete exchanges selectively culled find cause upset lower courts judgment skilling jury met measure therefore affirm fifth circuit ruling skilling received fair iii next consider whether skilling conspiracy conviction premised improper theory wire fraud statute skilling maintains unconstitutionally vague alternatively contends conduct fall within statute compass place skilling constitutional challenge context first review origin subsequent application doctrine enacted original provision predecessor laws proscribed without elaboration use mails advance scheme artifice defraud see mcnally congress amended statute prohibit today scheme artifice defraud obtaining money property means false fraudulent pretenses representations promises emphasis added see emphasizing congress disjunctive phrasing courts appeals one interpreted term scheme artifice defraud include deprivations money property also intangible rights opinion credited first presenting theory shushan fifth circuit reviewed prosecution public official allegedly accepted bribes entrepreneurs exchange urging city action beneficial bribe payers true city make make saving operations intent defraud appeals maintained scheme get public contract favorable terms likely got otherwise bribing public official observed plan commit crime bribery also scheme defraud public fifth circuit opinion shushan stimulated development doctrine unlike fraud victim loss money property supplied defendant gain one mirror image see starr theory targeted corruption lacked similar symmetry offender profited betrayed party suffered deprivation money property instead third party deceived provided enrichment example city mayor offender accepted bribe third party exchange awarding party city contract yet contract terms negotiated arm length city betrayed party suffer tangible loss cf mcnally even scheme occasioned money property gain betrayed party courts reasoned actionable harm lay denial party right offender honest services see dixon often cases involved bribery public officials bohonus courts also recognized fraud perhaps earliest application theory private actors district reviewing bribery scheme explained one tampers relationship purpose causing employee breach duty employer effect defrauding employer lawful right actual deception practised continued representation employee employer honest loyal employer interests procter gamble supp mass time increasing number courts recognized recreant employee public private ould prosecuted statute breache allegiance employer accepting bribes kickbacks course employment mcneive courts appeals embraced theory fraud hurson limiting federal mail fraud statute legislative approach crim rev mcnally stopped development doctrine tracks mcnally involved state officer selecting kentucky insurance agent arranged procure share agent commissions via kickbacks paid companies official partially controlled prosecutor charge absence alleged scheme commonwealth paid lower premium secured better insurance ibid instead prosecutor maintained kickback scheme defraud ed citizens government kentucky right commonwealth affairs conducted honestly held scheme qualify mail fraud rather constru ing statute manner leaves outer boundaries ambiguous involves federal government setting standards disclosure good government local state officials read statute limited scope protection property rights congress desires go stated must speak clearly ibid congress responded swiftly following year enacted new statute specifically cover one rights lower courts protected prior mcnally intangible right honest services cleveland full statute stated purposes th chapter code prohibits inter alia mail fraud wire fraud term artifice defraud includes scheme artifice deprive another intangible right honest services congress skilling charges reacted quickly clearly asserts unconstitutionally vague satisfy due process penal statute must define criminal offense sufficient definiteness ordinary people understand conduct prohibited manner encourage arbitrary discriminatory enforcement kolender lawson doctrine embraces requirements according skilling meets neither two due process essentials first phrase intangible right honest services contends adequately define behavior bars brief petitioner second alleges standardless sweep allows policemen prosecutors juries pursue personal predilections thereby facilitat ing opportunistic arbitrary prosecutions quoting kolender urging invalidation skilling swims case law current requires us construe condemn congress enactments see civil service letter carriers see also national dairy products stressing response vagueness challenge strong presumptive validity attaches act congress alert potential breadth courts appeals divided best interpret uniformly however declined throw statute irremediably agree construed rather invalidated first look doctrine developed cases endeavor ascertain meaning phrase intangible right honest services second preserve congress certainly intended statute cover pare body precedent core main cases involved fraudulent schemes deprive another honest services bribes kickbacks supplied third party deceived confined paramount applications presents vagueness problem doubt congress intended refer incorporate doctrine recognized appeals decisions mcnally derailed theory fraud see brief petitioner brief post scalia concurring part concurring judgment congress enacted heels mcnally drafted statute using decision terminology see intangible righ stevens dissenting right honest services second circuit observed leading analysis definite article suggests right honest services specific meaning congress enacted statute congress recriminalizing schemes deprive others right honest services protected mcnally intangible rights honest services whatever might thought rybicki en banc satisfied congress enacting meant reinstate body law post opinion scalia surveyed case law see infra parsing courts appeals decisions acknowledge skilling vagueness challenge force decisions preceding mcnally models clarity consistency see brief petitioner describing divisions opinions see also post opinion scalia cases preceding mcnally dominantly consistently applied fraud statute bribery kickback schemes schemes basis prosecutions considerable disarray statute application conduct outside core category light disarray skilling urges us urged fifth circuit invalidate statute toto brief petitioner section intolerably unconstitutionally vague brief jeffrey skilling ection invalidated unlawfully vague long practice however striking federal statute impermissibly vague consider whether prescription amenable limiting construction see hooper california elementary rule every reasonable construction must resorted order save statute unconstitutionality emphasis added see also boos barry schneider smith accordingly instructed federal courts avoid constitutional difficulties adopting limiting interpretation construction fairly possible boos see harriss general class offenses statute directed plainly within terms statute struck vague general class offenses made constitutionally definite reasonable construction statute duty give statute arguing limiting construction skilling contends impossible identify salvageable core caselaw asserts hodgepodge holdings hopelessly unclear brief petitioner capitalization italics omitted rejected argument tenor civil service letter carriers federal employees challenged provision hatch act incorporated earlier decisions civil service commission enforcing similar law several thousand adjudications civil service commission employees maintained impenetrable jungle undiscoverable inconsistent incapable yielding meaningful rules govern present future conduct mindful task wa destroy act ould construe held rules evolved years repeated adjudications subject sufficiently clear summary statement similar observation may made although applications doctrine occasioned disagreement among courts appeals cases cloud doctrine solid core vast majority cases involved offenders violation fiduciary duty participated bribery kickback schemes runnels see brief citing dozens examples indeed mcnally case spurred congress enact presented paradigmatic kickback fact pattern congress reversal mcnally reinstatement doctrine conclude salvaged confining scope core applications already noted supra doctrine genesis prosecutions involving bribery allegations see shushan public sector procter gamble private sector see also orsburn mcnally enactment courts appeals described schemes involving bribes kickbacks core honest services fraud precedents czubinski paradigm case devegter obvious form honest services fraud carbo core misconduct covered statute urciuoli honest services cases sorich typical brown mandel uniformly cover ed paradies see also tr oral arg counsel government bulk honest services cases entailed bribes kickbacks brief petitioner bribes kickbacks paradigm cases constituting overwhelming majority prosecutions honest services view history doubt congress intended reach least bribes kickbacks reading statute proscribe wider range offensive conduct acknowledge raise due process concerns underlying vagueness preserve statute without transgressing constitutional limitations hold criminalizes core case government urges us go locating within compass another category proscribed conduct undisclosed public official private employee taking official action employee furthers undisclosed financial interests purporting act interests owes fiduciary duty theory liability mcnally nondisclosure conflicting financial interest government observes congress clearly intended revive th nondisclosure theory moreover lthough numerous bribery kickback cases government asserts cases involving undisclosed abundant ibid neither contentions withstands close inspection mcnally already observed supra involved classic kickback scheme public official exchange routing kentucky insurance business middleman company arranged company share commissions entities official held interest mere failure disclose conflict interest rather official conspired third party profit wealth generated public contracts see reading proscribe bribes kickbacks nothing satisfies congress undoubted aim reverse mcnally facts persuaded cases constitute core applications doctrine although courts appeals upheld convictions schemes concealment material information mandel reached consensus schemes qualified light relative infrequency prosecutions comparison bribery kickback charges intercircuit inconsistencies produced conclude reasonable limiting construction must exclude amorphous category cases dispelling doubt point familiar principle ambiguity concerning ambit criminal statutes resolved favor lenity cleveland quoting rewis interpretive guide especially appropriate construing mail wire fraud predicate offense racketeer influenced corrupt organizations act supp iv money laundering statute cleveland holding fraud encompass conduct paradigmatic cases bribes kickbacks resist government less constrained construction absent congress clear instruction otherwise universal credit sum construction establish es uniform national standard define honest services clarity reach es seriously culpable conduct accomplish es congress goal mcnally brief albert alschuler amicus curiae weyhrauch pp congress desires go reiterate must speak clearly mcnally interpreted encompass bribery kickback schemes unconstitutionally vague recall doctrine addresses concerns fair notice arbitrary discriminatory prosecutions see kolender prohibition fraudulently depriving another one honest services accepting bribes kickbacks present problem either score fair notice whatever school thought concerning scope meaning always plain pikestaff bribes kickbacks constitute fraud williams statute mens rea requirement blunts notice concern see screws plurality opinion see also broadrick oklahoma ven outermost boundaries statute imprecise uncertainty little relevance appellants conduct falls squarely within core statute today decision clarifies misconduct falls within province see lanier larity requisite level may supplied judicial gloss otherwise uncertain arbitrary prosecutions perceive significant risk statute interpret today stretched shape prohibition bribes kickbacks draws content case law also federal statutes proscribing defining similar crimes see term means money fee commission credit gift gratuity thing value compensation kind provided directly indirectly enumerated persons purpose improperly obtaining rewarding favorable treatment connection enumerated circumstances see also ganim sotomayor reviewing conviction involving bribery light elements bribery federal statutes whitfield kemp criminal defendant participated bribery kickback scheme short tenably complain prosecution vagueness grounds remains determine whether skilling conduct violated skilling prosecution government concedes prototypical brief government charged skilling conspiring defraud enron shareholders misrepresenting company fiscal health thereby artificially inflating stock price government theory trial skilling profited fraudulent scheme receipt salary bonuses sale approximately million enron stock netted million government time allege skilling solicited accepted side payments third party exchange making misrepresentations see record may letter government district indictment allege government evidence show skilling engaged therefore clear read skilling commit fraud indictment alleged three objects conspiracy wire fraud wire fraud securities fraud skilling conviction flawed see yates constitutional error occurs jury instructed alternative theories guilt returns general verdict may rest legally invalid theory determination however necessarily require reversal conspiracy conviction recently confirmed hedgpeth pulido per curiam errors yates variety subject analysis parties vigorously dispute whether error harmless compare brief ny juror voted conviction based theory also found skilling guilty conspiring commit securities fraud reply brief government show conspiracy conviction rested theory rather distinct leave dispute resolution whether potential reversal conspiracy count touches skilling convictions also open question convictions skilling contends hinged conspiracy count like dominoes must fall falls district deciding skilling motion bail pending appeal found argument dubious app fifth circuit occasion rule may remand foregoing reasons affirm fifth circuit ruling skilling argument vacate ruling conspiracy conviction remand case proceedings consistent opinion ordered jeffrey skilling petitioner writ certiorari appeals fifth circuit june justice scalia justice thomas joins justice kennedy joins except part iii concurring part concurring judgment agree petitioner jeffrey skilling challenge impartiality jury district conduct voir dire fails therefore join parts ii opinion also agree decision upholding skilling conviction fraud must reversed different reason view specification supp ii scheme artifice defraud statutes ed includes scheme artifice deprive another intangible right honest services vague therefore violates due process clause fifth amendment strikes pose judicial humility proclaiming task destroy act construe ante internal quotation marks omitted transforming prohibition fraud prohibition bribery wielding power long ago abjured power define new federal crimes see hudson cranch criminal statute must clearly define conduct proscribes see grayned city rockford statute unconstitutionally vague saved precise indictment see lanzetta new jersey judicial construction writes specific criteria text contain see reese cases described vague statutes failing provide person ordinary intelligence fair notice prohibited standardless authoriz encourag seriously discriminatory enforcement williams skilling argues fails provide fair notice encourages arbitrary enforcement provides definition right honest services whose deprivation prohibits brief petitioner view skilling correct maintains intangible right honest services means right one fiduciaries accept bribes kickbacks first step reaching conclusion assertion phrase refers doctrine developed cases decided lower federal courts prior decision mcnally ante contest agree congress used novel phrase adopt case law disapproved mcnally calls doctrine ante problem doctrine provides ascertainable standard guilt cohen grocery certainly limited bribes kickbacks investigation meaning doctrine might logically begin mcnally rejected case repudiated many appeals holdings expanded meaning fraud statutes beyond deceptive schemes obtain property repudiated cases stood prohibition bribery kickbacks one expected words appear opinion description cases fact mcnally even provide consistent definition theory fraud rejected referred variously right citizens state affairs conducted honestly honest impartial government good government public officials perform duties honestly described prior case law holding public official owes fiduciary duty public misuse office private gain fraud appeals opinions limited fraud public officials courts held fiduciaries subject honest services obligation included private individuals merely participated public decisions see gray citing margiotta even private employees role public decisions see lemire cadc von barta moreover say man fiduciary begins analysis gives direction inquiry obligations owe fiduciary sec chenery none honest services cases neither pertaining public officials pertaining private employees defined nature content fiduciary duty central fraud offense even universal agreement concerning source fiduciary obligation whether must positive state federal law see rabbitt merely general principles obligations loyalty fidelity inhere employment relationship lemire supra decision mcnally reversed grounded duty general trust law see gray supra corpus juris festooned various duties see restatement second trusts another case referred general law agency ballard modified grounds imposes duties quite different see restatement second agency indeterminacy disappear one assumes cases developed federal fiduciary duty duty remained hopelessly undefined courts described astoundingly broad language blachly loftily declared aw puts imprimatur accepted moral standards condemns conduct fails match moral uprightness fundamental honesty fair play right dealing general business life members society quoting gregory courts unhelpfully added scheme contrary public policy also condemned statute bohonus see also mandel scheme contrary public policy conflicts accepted standards moral uprightness fundamental honesty fair play right dealing even opinions indulge grandiloquence specify duty issue beyond loyalty honesty see von barta supra moreover demands duty said greater public officials private employees see lemire supra ballard supra respects much never made clear indefiniteness fiduciary duty many courts held beyond mere breach fiduciary duty needed establish fraud see von barta supra collecting cases george unsurprisingly dispute least context acts persons owing duties public see price even among courts require something additional public official involved disagreement addition example bush seventh circuit held material misrepresentations active concealment enough rabbitt eighth circuit held actual harm state needed similar disagreements occurred respect private employees courts disputed whether defendant must use fiduciary position gain compare lemire supra yes bronston one opinion upheld conviction ground defendant failure disclose receipt kickbacks consulting fees employer suppliers resulted breach fiduciary duties depriving employer loyal honest services bryza another opinion however demanded intentional failure disclose must failure disclose something knowledge contemplation employee poses independent business risk employer lemire courts required victim suffer loss see ballard supra proposition course courts rejected see newman statement today deprivation honest services even scheme occasioned money property gain betrayed party ante therefore true except extent short first step analysis holding intangible right honest services refers doctrine recognized appeals decisions mcnally ante step frying pan fire cases provide clear indication constitutes denial right honest services possibilities range action contrary public policy otherwise immoral disloyalty public official employee principal secret use perpetrator position trust order harm whomever beholden duty probably rooted state law maybe might demanding case public officials perhaps time enacted settled criterion choosing among options conclusively settling ii aware knows adopting reference doctrine ante adopting reference nothing precise referring term intangible right honest services hence deus ex machina pare body precedent core ante since doctrine genesis bribery prosecutions since several cases counsel skilling referred bribery kickback schemes core paradigm typical examples obvious form fraud ante internal quotation marks omitted since two cases counsel government say formed vast majority least bulk cases ante internal quotation marks omitted therefore must case congress meant reference doctrine even conclusion followed premises suffice eliminate vagueness statute solve perhaps indeterminacy acts constitute breach honest services obligation law solve fundamental indeterminacy character fiduciary capacity bribery kickback restriction applies apply public officials addition private individuals contract public everyone including corporate officer case law provide answer thus even bribery kickback limitation statute answer question criterion guilt perhaps beside point obvious mere prohibition bribery kickbacks intent statute say bribery kickbacks represented core doctrine cases applying doctrine involved offenses say doctrine proves multifarious versions doctrine overlap regard offenses doctrine much among varieties fraud one limited bribery kickbacks dish cooked thus claim respec legislature ante emphasis deleted false entirely clear agree congress meant reinstate body law entirely clear prohibited much though precisely uncertain bribery kickbacks perhaps true congress intended reach least bribes kickbacks ante simply mean holds criminalizes bribery kickbacks ante arriving conclusion requires interpretation invention replaces vague criminal standard congress adopted narrow one included within vague one pass constitutional muster know precedent paring seems clearly beyond judicial power claims ante simply matter adopting limiting construction face potential unconstitutionality cases careful note narrowing construction must fairly possible boos barry reasonable hooper california plainly contrary intent congress edward debartolo florida gulf coast building constr trades council seen contest mcnally concluded deprivation honest services meant acceptance bribes kickbacks fairly possible reasonable construction contrary intent congress one think adopted even point case reads cover bribery kickbacks aware none canon constitutional avoidance heavily relies see ante constitutionality statute assailed statute reasonably susceptible two interpretations one unconstitutional valid plain duty adopt construction save statute constitutional infirmity ex rel attorney general delaware hudson see also rumely describing canon decisive choice fair alternatives choice made two fair alternatives today one thought basis thinking statute prohibited bribery kickbacks certainly agree must uphold rather condemn congress enactments ante believe power order uphold enactment rewrite congress enacted entirety law content put mildly unclear prior vagueness cases resisted temptation make things right stroke pen see smith goguen show restraint today reverse skilling conviction basis provides ascertainable standard conduct condemns cohen instead today adds functions prescription criminal law iii brief word appropriate remedy noted supra skilling argued constitutionally applied affords definition right whose deprivation prohibits though reasoning categorical make skilling challenge facial one sense seeks invalidation statute applications opposed preventing enforcement continue doubt whether striking statute ever appropriate exercise article iii power see chicago morales scalia dissenting present case universality infirmity skilling identifies may mean wins anyone else prosecuted statute win well see smith supra skilling asks conviction reversed brief petitioner remedy seeks facial invalidation therefore reverse skilling conviction ground fails define conduct prohibits fate statute future prosecutions obvious reasoning case matter stare decisis hard imagine case clearly fits description chief justice waite said done colorful passage vagueness opinions reese question determined whether introduce words limitation penal statute make specific expressed general certainly dangerous legislature set net large enough catch possible offenders leave courts step inside say rightfully detained set large extent substitute judicial legislative department government limit statute manner asked make new law enforce old one part duty jeffrey skilling petitioner writ certiorari appeals fifth circuit june justice alito concurring part concurring judgment join judgment part ii opinion write separately address petitioner argument sixth amendment guarantees criminal defendants trial impartial jury view requirement satisfied long biased juror actually seated trial course evidence pretrial media attention widespread community hostility may play role bias inquiry evidence may important assessing adequacy voir dire see virginia reviewing denial requests dismiss particular jurors cause see patton yount occasions evidence weighs heavily favor change venue end however biased jury actually seated violation defendant right impartial jury see murphy florida see also rivera illinois slip smith phillips petitioner advances different understanding right extraordinary pretrial publicity community hostility contends must presume juror prejudice thus grant change venue brief petitioner disagree careful voir dire often ensure selection impartial jurors even pretrial media coverage generated much hostile community sentiment moreover jury selected measures trial judge may take insulate jurors media coverage course trial sixth amendment requires impartial jury jury sits returns verdict impartial defendant received sixth amendment requires rule petitioner advances departs text sixth amendment difficult apply requires trial judge determine whether adverse pretrial media coverage community hostility particular case reached certain level severity clear way demarcating level determining whether met petitioner relies chiefly three cases sheppard maxwell estes texas rideau louisiana read cases demanding petitioner suggested approach notes sheppard estes primarily involved media interference courtroom proceedings trial ante see also post sotomayor concurring part dissenting part rideau involved unique events small community share justice sotomayor concerns adequacy voir dire case trial judge findings certain jurors impartial see post highly issues within question presented pet cert also understand opinion reaching question regarding change venue federal rule criminal procedure petitioner view entitled reversal decision question us join judgment full jeffrey skilling petitioner writ certiorari appeals fifth circuit june justice sotomayor justice stevens justice breyer join concurring part dissenting part concur resolution fraud question join part iii opinion respectfully dissent however conclusion jeffrey skilling received fair trial impartial jury relevant precedents intense public antipathy toward defendant careful must prevent sentiment tainting jury case passions ran extremely high sudden collapse enron directly affected thousands people houston area shocked entire community accompanying barrage local media coverage massive volume often caustic tone enron ceo skilling center storm even extraordinary circumstances constitutionally compel change venue required district conduct thorough voir dire prospective jurors attitudes case closely scrutinized district inquiry lacked necessary thoroughness left serious doubts whether jury empaneled decide skilling case capable rendering impartial decision based solely evidence presented courtroom accordingly grant skilling relief claim majority understates breadth depth community hostility toward skilling overlooks significant deficiencies district jury selection process failure enron wounded houston deeply virtually overnight city largest visible prosperous company foremost social charitable force source civic pride reduced shattered shell app pp thousands company employees lost jobs saw retirement savings vanish effects rippled local economy thousands additional jobs disappeared businesses shuttered community groups benefited enron largesse felt loss millions dollars contributions see supp record see also accounting firms serviced enron books less work hotels open rooms restaurants sold fewer meals enron community ties extensive entire local attorney office forced recuse government investigation company fall see supp record official press release enron demise affecting lives many houstonians local media coverage story saturated community according defense media expert houston chronicle area leading newspaper assigned many reporters work enron story full time app paper mentioned enron articles period following company december bankruptcy filing hundreds articles discussed skilling name see supp record skilling expert professional journalist academic years experience recall another instance local paper dedicated many resources single topic extended period time houston chronicle dedicated enron app local television news coverage similarly pervasive terms editorial theme largely followed chronicle lead see also may october local stations aired estimated news segments involving enron mentioned skilling supp record many stories straightforward news items many others conveyed amplified community outrage top executives perceived responsible company bankruptcy chronicle report skilling testimony congress typical coverage began across houston enron employees watched former chief executive jeffrey skilling congressional testimony television turning incredulous angry sarcastic turns man knew savvy pleaded memory failure ignorance critical financial transactions energy giant app lying knew everything said employee said seen skilling frequently years firm skilling known intimate grasp inner doings company getting sicker minute companion piece quoted local attorney called skilling idiot denial added glad skilling client articles deriding enron senior executives juxtaposed pieces expressing sympathy toward solidarity company many victims skilling media expert counted nearly hundred stories chronicle including layout entitled faces enron poignantly described experiences former employees lost vast sums money faced eviction homes afford christmas gifts children felt scared hurt humiliat ed helpless betrayed conventional wisdom blame enron devastating implosion ensuing human tragedy ultimately rested skilling former enron chairman kenneth lay became deeply ingrained popular imagination references involvement even turned sports pages believe story coach bill parcells anything end emmitt smith cowboys career probably believe concepts like jeff skilling nothing enron collapse supp record federal grand jury indicted skilling lay richard causey enron former chief accounting officer charges conspiracy defraud securities fraud crimes media placed directly crosshairs words one article one thing whose lives touched company seemed agree upon indictment former enron ceo jeff skilling overdue app scoffing skilling attempts paint subordinates chronicle derided doofus defense lay skilling expected offer chronicle referred coming trial main event big one finally bring true measure justice enron saga record app day superseding indictment charging lay issued chronicle dedicated front page full pages substantial portions pages front business sections th story citing widely felt sense victimhood among houstonians voluminous adverse publicity skilling moved november change district denied motion characterizing media coverage largely objective unemotional app brief voir dire concluded provide effective means ferret bias jury pool see ante end district began jury selection process mailing screening questionnaires prospective jurors november completed questionnaires respondents excused hardship dramatically illustrated widespread impact enron collapse houston community confirmed intense animosity houstonians toward skilling codefendants prospective jurors approximately count indicated persons knew lost money jobs result enron bankruptcy jurors expressed views enron defendants suggested potential predisposition convict many instances mince words describing skilling smug arrogant brash conceited greedy deceitful totally unethical criminal crook biggest liar face earth guilty sin capitalization omitted percent prospective jurors read houston chronicle otherwise heard read enron cases record connected enron victims gave answers suggesting possible antipathy toward parties jointly stipulated dismissal members jury pool cause hardship disability numerous individuals made harsh comments skilling december shortly questionnaires returned causey pleaded guilty plea covered lead newspaper television stories headline chronicle proclaimed causey plea wreaks havoc lay skilling record see also ibid quoting former attorney described plea serious blow defense chronicle editorial opined causey admission securities fraud makes less plausible lay claim guilty pleas result prosecutorial pressure rather actual wrongdoing trial date quickly approaching skilling renewed motion arguing questionnaire responses causey guilty plea confirmed receive fair trial houston alternative skilling asserted defendants entitled thorough jury selection process currently envisioned ourt announced intention question individual jurors bench one attorney side present complete voir dire single day see skilling proposed inter alia defense counsel afforded greater role questioning jurors questioned privately camera closed courtroom easier counsel consult colleagues clients jury consultants avoid leading questions tend licit affirmative responses prospective jurors may reflect actual views minimum skilling asserted grant continuance least days send revised questionnaire new group prospective jurors district denied skilling motion without hearing stating brief order persuaded evidence arguments urged defendants establish pretrial publicity community prejudice raise presumption inherent jury prejudice according jury questionnaires sent remaining members jury panel voir dire examination jury panel provide adequate safeguards defendants result selection fair impartial jury case agree delay trial two weeks january coming trial featured prominently local news outlets story chronicle described hurt anger resentment churn ing inside houstonians since enron collapse criticizing lay skilling offering doofus defense plea guilty reason paper stated lay skilling took hundreds millions compensation yet fail accept responsibility went ibid article allowed defendants guilt though perhaps widely assumed remains even assertion jury takes task deciding whether assertion valid next paragraph however assured readers normal skin crawl lay skilling claim innocence unaware something amiss enron company utter failure belies claim ibid one paragraph break omitted see also declaring lay skilling offer convincing explanation executives touted corporate geniuses much dark illegal activities deceptive finances company backdrop widespread community impact pervasive pretrial publicity jury selection skilling case unfolded approximately prospective jurors appeared voir dire federal courthouse located six blocks enron former headquarters addressing group district began briefly describing case providing standard admonition need fair impartial decide case based solely trial evidence jury instructions asked whether anyone reservations ability conscientiously fairly follow important rules app two individuals raised hands called forward bench one told thought lay skilling knew exactly prove innocence second juror stated written questionnaire held opinion preclude impartial declared dearly love sit jury love claim responsibility least responsibility putting sons bitches away rest lives excused jurors cause proceeded question individual jurors bench majority recounts ante asked general questions exposure news often variations recall particular articles stand read case app also asked questionnaire answers suggested bias focusing mainly whether notwithstanding seemingly partial comments prospective jurors believed fair put government proof counsel permitted follow issues raised made clear however patience limited see questioning tended brief generally less five minutes per person even exposed disqualifying biases among several prospective jurors earlier expressed concerns ability identified qualified prospective jurors allowed defense government exercise allotted peremptory challenges left jurors alternates sworn instructed first time read anything dealing case listen discussion case radio television access internet sites may deal case inform friends family members discuss anything may read heard case start finish selection process took five hours skilling trial commenced next day lasted four months several days deliberations jury found skilling guilty conspiracy counts securities fraud counts making false representations auditors count insider trading acquitted insider trading counts jury found lay guilty counts appeal skilling asserted denied constitutional right fair trial impartial jury addressing claim appeals began disavowing district findings concerning community hostility concluded sufficient inflammatory pretrial material require finding presumed prejudice especially light immense volume coverage rejudice also inherent alleged decision plead guilty eve trial ibid appeals moreover faulted district failing consider wider context enough merely assess tone news reporting evaluation volume nature reporting merely proxy real inquiry whether fair trial impartial jury influenced outside irrelevant sources ibid internal quotation marks omitted according appeals district seemed overlook prejudice came pretrial media publicity also sheer number victims ibid determined skilling entitled presumption prejudice appeals proceeded explain presumption rebuttable government may demonstrate voir dire impartial jury actually impanelled internal quotation marks omitted describing voir dire exemplary searching proper thorough concluded government met burden showing actual jury convicted skilling impartial basis appeals rejected skilling claim affirmed convictions ii sixth amendment right impartial jury due process right fundamentally fair trial guarantee criminal defendants trial jurors set aside preconceptions disregard extrajudicial influences decide guilt innocence based evidence presented irvin dowd see also sheppard maxwell community passions often inflamed adverse pretrial publicity call integrity trial doubt instances observed hostility community becomes severe give rise presumption juror prejudice patton yount appeals incorporated concept presumptive prejudice framework defendant musters sufficient evidence community hostility onus shifts government prove impartiality jury majority similarly envisions fixed point public passions become intense prejudice defendant rights must presumed majority declines however decide whether presumption rebuttable appeals held never treated notion presumptive prejudice formalistically decisions instead merely convey commonsense understanding tide public enmity rises danger prejudices community infiltrate jury underlying question always confidence jury verdict induced evidence argument open outside influence whether private talk public print patterson colorado ex rel attorney general inquiry necessarily case specific selecting jury trial must take measures adapted intensity pervasiveness character pretrial publicity community animus reviewing courts meanwhile must assess whether trial procedures sufficed circumstances keep jury free disqualifying bias cf murphy florida scrutinizing record indications totality circumstances petitioner trial fundamentally fair precedents illustrate sort steps required different situations safeguard defendant constitutional right fair trial impartial jury one end spectrum rare occasion confronted inherently prejudicial circumstances reversed defendant conviction without pausing examine voir dire examination members jury rideau louisiana rideau repeated television broadcasts defendant confession murder robbery kidnaping thoroughly poisoned local sentiment raise doubts even careful voir dire secured impartial jury change venue determined thus way assure fair trial ibid see also lafave israel king kerr criminal procedure ed hereinafter lafave best reading rideau recognized prejudicial publicity may inflammatory pervasive voir dire simply trusted fully reveal likely prejudice among prospective jurors majority describes ante reached similar conclusions estes texas sheppard cases involved massive pretrial publicity also media disruption trial process rejecting argument defendants entitled relief convictions ha established isolatable prejudice described untoward circumstances inherently suspect estes difficult jurors swayed least subconsciously bedlam surrounded sheppard criticizing trial courts failures protect jury outside influence stressed reasonable likelihood prejudicial news prior trial prevent fair trial judge continue case threat abates transfer another venue permeated publicity estes sheppard thus applied rideau insight particularly extreme circumstances even rigorous voir dire suffice dispel reasonable likelihood jury bias apart exceptional cases declined discount voir dire entirely instead examined particulars jury selection process determine whether sufficed produce jury untainted pretrial publicity community animus recognized antipathy toward defendant pervades community high risk biased jurors find way onto panel danger merely prospective jurors deliberately hide prejudices also part community deeply hostile accused may unwittingly influenced fervor surrounds murphy assure impartial jury adverse circumstances trial must carefully consider knowledge attitudes prospective jurors closely scrutinize reliability assurances fairness cf morgan illinois art guarantee defendant right impartial jury adequate voir dire identify unqualified jurors irvin offers example case trial voir dire suffice counter wave public passion swept community prior defendant trial local news media extensively covered crimes murder spree arous ing great excitement indignation internal quotation marks omitted following irvin arrest press blanketed community barrage newspaper headlines articles cartoons pictures communicating numerous unfavorable details irvin including purportedly confessed nearly percent prospective jurors examined trial voir dire entertained opinion guilt ranging intensity mere suspicion absolute certainty jurors seated thought petitioner guilty although indicated notwithstanding opinion render impartial verdict despite seated jurors assurances impartiality invalidated irvin conviction want due process required declared jurors totally ignorant facts issues involved sufficient juror lay aside impression opinion render verdict based evidence presented emphasized however juror word matter decisive particularly prejudice community clear convincing many irvin jurors noted influenced pattern deep bitter prejudice shown present throughout community internal quotation marks omitted doubt juror sincere said fair impartial irvin many many times admitted prejudice statement impartiality given little weight media coverage community animosity irvin particularly intense three subsequent cases recognized cases may generate substantial publicity without stirring similar public passions jury selection process cases clarified generally need exhaustive case irvin long trial conducts reasonable inquiry extrajudicial influences ability prospective jurors presume innocence render verdict based solely trial evidence generally reason doubt jury first cases murphy involved defendant put trial widely publicized miami beach robbery state trial denied motion change venue voir dire excused prospective jurors cause distinguishing irvin saw indication voir dire hostility murphy jurors served trial suggest partiality laid aside although jurors vague recollection robbery murphy charged knowledge past crimes none betrayed belief relevance murphy past present case ibid see also contrasting juror mere familiarity defendant past actual predisposition hese indicia impartiality suggested might disregarded case general atmosphere community courtroom sufficiently inflammatory circumstances surrounding murphy trial variety second case yount defendant granted new trial four years convicted murder requested change venue citing pretrial publicity widespread local knowledge previously convicted made confessions inadmissible state trial denied yount motion seated jury following voir dire prospective jurors nearly prospective jurors heard case percent admitted carry opinion jury box declining grant relief federal habeas review stressed significant interval yount first trial adverse publicity community sense outrage height second trial occur four years later time prejudicial publicity greatly diminished community sentiment softened seated jurors alternates time formed opinion yount guilt particularly extensive voir dire confirmed time weakened eliminated bias may harbored accordingly concluded trial commit manifest error finding jury whole impartial recently wrestled issue pretrial publicity virginia stood accused murdering woman prison work detail citing newspaper articles crime moved change venue state trial deferred ruling attempted seat jury group questioning prospective jurors indicated heard case media sources dividing prospective jurors panels four asked general questions ability fair given heard read one juror answered equivocally dismissed cause refused request ask specific questions relating content news items potential jurors might read seen persons served jury one time another read heard something case none indicated formed opinion case biased way rejecting attempt analogize case irvin observed cases differ kind community coverage took place extent media coverage offense occurred metropolitan washington area population million unfortunately hundreds murders committed year ibid crime garnered substantial pretrial publicity coverage pervasive irvin contain sort damaging information moreover contrast irvin seated jurors uniformly disclaimed ever formed opinion case given circumstances rebuffed assertion trial committed constitutional error declining make precise inquiries contents news reports potential jurors read stressed however ruling trial case confronted public passion engendered pretrial publicity occurred connection irvin trial due process clause fourteenth amendment might well required extensive examination potential jurors undertook iii necessary determine case compares existing precedents circumstances inherently prejudicial rideau even scrupulous voir dire hollow formality incapable reliably producing impartial jury circumstances character district conduct jury selection process sufficiently adapted level pretrial publicity community animus ensure seating jurors capable presuming innocence shutting extrajudicial influences though question close agree prospect seating unbiased jury houston remote compel conclusion district acted unconstitutionally denying skilling motion change venue three considerations lead conclusion first observes ante size diversity houston community make probable jury pool contained nontrivial number persons unaffected enron collapse neutral outlook unlikely swept public furor second media coverage case ubiquitous often inflammatory points ante contain confession skilling similar evidence specific criminal acts many prospective jurors guilty plea codefendant alleged causey along pleas convictions enron executives doubt suggested guilt association reasonable minds exposed information necessarily formed indelible impression skilling guilty charged cf rideau majority county residents exposed repeatedly depth spectacle rideau personally confessing detail crimes later charged third suggestion courtroom case became estes sheppard carnival calmness solemnity proceedings compromised sheppard internal quotation marks omitted thus appropriate examine voir dire determine whether instills confidence impartiality jury actually concluding voir dire adequately detect ed defuse juror bias ante downplays extent community antipathy toward skilling exaggerates rigor jury selection process devastating impact enron collapse relentless media coverage demanded exceptional care part district ensure seating impartial jury procedures employed district might adequate typical case suffice extraordinary circumstances case safeguard skilling constitutional right fair trial impartial jury conducting analysis mindful wide discretion owed trial courts comes issues cf ante trial courts uniquely positioned assess public sentiment credibility prospective jurors proximity events however always virtue persons midst tumult often lack panoramic view ppellate tribunals thus duty make independent evaluation circumstances sheppard particular reviewing courts well qualified inquire whether trial implemented procedures adequate keep community prejudices infecting jury jury selection process befit circumstances case trial rulings impartiality necessarily called doubt see morgan adequate voir dire trial judge responsibility remove prospective jurors able impartially follow instructions evaluate evidence quoting plurality opinion see also kennedy dissenting willingness accord substantial deference trial finding juror impartiality rests expectation trial conduct sufficient voir dire determine credibility juror professing impartial appeals apprehended district gave short shrift mountainous evidence public hostility houstonians enron collapse event proportions volume media coverage immense frequently intemperate sheer number victims created climate animosity toward skilling ran deep desire conviction widely shared level public animus toward skilling dwarfed present cases murphy pretrial publicity cases consisted dozens news reports largely factual nature murphy indication relevant communities captivated cases adopted fixed views defendants contrast number media reports case reached tens thousands denunciations skilling common much closer analogy thus irvin similarly featured barrage media coverage huge wave public passion although even case involve direct harm entire segments attempting distinguish irvin majority suggests skilling economic offenses less incendiary irvin violent crime spree news stories enron contained nothing resembling horrifying information rife reports irvin rampage robberies murders ante along similar lines district described facts case neither heinous sensational app brief majority also points four years passed enron declaration bankruptcy start skilling trial asserting decibel level media attention diminished somewhat time ante neither arguments persuasive first violent crimes may well provoke widespread community outrage readily crimes involving monetary loss economic crimes certainly capable rousing public passions particularly thousands unsuspecting people robbed livelihoods retirement savings indeed record case replete examples visceral outrage toward skilling enron executives see record story describing hurt anger resentment churn ing inside people houston houstonians compared skilling among things rapist axe murderer al qaeda one commentator observed sign shocked houstonians enron ignominious demise invoked frequently explain shock company collapse supp record bad blood strong skilling top executives hired private security protect persons inclined take law hands see app taking temperature enron victims local lawyer says enron executives wise take security precautions second passage time little soften community sentiment contrary suggestion ante case way resembles yount time defendant retrial prejudicial publicity greatly diminished community animus significantly waned see also ibid months preceding defendant retrial newspaper reports case averaged less one article per month public interest minimal enron story continuing saga publicity remained intense throughout enron downfall generate news coverage succession subsequent particular note highly publicized guilty plea codefendant causey weeks skilling trial anything time elapsed bankruptcy trial made task seating unbiased jury difficult less many members jury pool highly publicized guilty plea conviction likely served increase certainty skilling engaged masterminded criminal acts particularly given media coverage reinforced view see supra trial skilling lay culmination come see record noting prosecutors followed classic pattern working way ranks chronicle put july shortly trial several enron broadband services executives ended without convictions real trial true measure justice enron saga begins january let small fry swim free need got bigger fish need frying app paragraph breaks omitted see also ibid beginning enron prosecution one true measure success lay skilling cold steel cage doubt prevailing mindset houston community remained overwhelmingly negative dispelled prospective jurors responses written questionnaires previously indicated supra prospective jurors either knew victims enron collapse victims gave responses suggesting antidefendant bias many instances contempt skilling palpable see nn supra small fraction prospective jurors raised red flags responses causey guilty plea flurry news reports accompanied approach trial one skilling experts political scientist studied pretrial publicity years consulted cases recommended venue changes often conclusion extent depth bias shown questionnaires highest least one highest ever encountered app pp emphasis deleted given extent antipathy evident community large responses written questionnaire critical district take strong measures ensure selection impartial jury free outside influences sheppard recognized community veniremen admit disqualifying prejudice reliability others protestations may drawn question murphy see also groppi wisconsin ny judge sat juries knows spite forms extremely likely impregnated environing quoting frank mangum holmes dissenting perhaps underestimated public antipathy toward skilling district voir dire manifestly insufficient identify remove biased initial matter important lines inquiry pursued majority accepts instance publicity codefendant guilty plea calls inquiry guard actual prejudice ante implying district undertook inquiry majority nly two venire members recalled causey plea ibid fact asked prospective jurors questions directed knowledge feelings considering much news plea generated many two venire members likely aware lack questioning however makes prejudicial impact plea jurors impossible assess also rarely asked prospective jurors describe personal interactions may case consider whether might difficulty avoiding discussion case family friends colleagues course lengthy trial tidbits information trickled subjects provided cause concern response general questions several prospective jurors volunteered spoken others case juror example indicated husband news person talked also heard things work heard negative course app however seek elaboration substance interactions surely many prospective jurors similar conversations particularly learned upon receiving written questionnaire might end skilling jury prospective jurors personal interactions moreover may well left sense community counting conviction yet subject district adequately explore occasions prospective jurors asked whether feel pressure public convict acknowledged might difficult return home delivering verdict juror instance told think lot people feel guilty maybe expecting something come trial tough recognized vote guilty go back community see also juror admitting hesitancy telling people government prove case respect potential nonmedia sources bias district exchange juror particularly although juror responded negative asked whether read anything newspaper stood mind volunteered heard two skilling lay million contribute case insurance policy collect also information explained something overheard today jurors talking ibid seemed suspicious intimated insurance policy ahead time advised corporations provide insurance officers directors ibid however investigate matter even though earlier instructed prospective jurors talk case thus apparent whether prospective jurors also overheard information whether believed reflected unfavorably defendants apparent outside information may shared among venire members least juror statements indicate questions failing bring light extent jurors exposure potentially prejudicial facts prospective jurors difficulty following directives topics district cover addressed cursory fashion prospective jurors asked questions general exposure media coverage handful additional questions concerning responses written questionnaire suggested bias many instances answers yet rarely sought draw questions impressions enron skilling showed limited patience counsel followup efforts see prospective jurors forthcoming responses tended highlight ubiquity negative tone local news coverage thus underscoring need press guarded members venire juror example mentioned hearing radio program morning former enron employee compared persons think skilling guilty holocaust deniers see said thought find guilty automatically jury said worse german trying say kill jews jurors may well encountered influenced similarly incendiary rhetoric deficiencies form content voir dire questions contributed deeper problem district failed make sufficiently critical assessment prospective jurors assurances impartiality although insists otherwise ante voir dire transcript indicates district essentially took jurors word promised fair indeed declined dismiss cause prospective juror ultimately gave clear assurance impartiality matter much equivocation preceded juror instance wrote questionnaire skilling honest man app questioning acknowledged previously thought defendants guilty disclosed lost result enron collapse ultimately agreed able presume innocence noting blame enron loss money appeared unshakeable bias skilling counsel challenged cause however declined remove stating answered candidly going open mind agree ing government assertion take word made plain jurors assurances impartiality simply entitled sort talismanic significance see murphy juror assurances equal th task dispositive accused rights irvin many many times admi prejudice statement impartiality given little weight worse still district number occasions accepted declarations impartiality equivocal face prospective jurors hope presume innocence necessarily think skilling guilty permitted remain pool app juror instance wrote lay questionnaire shame asked stated innocent guilty helm known going company ibid see also skilling probably boat lay asked presume start trial lay innocent responded hope know know ca honestly answer one way ibid see also bring past history bring biases like think rise never situation know honestly answer question one way concerns eventually however juror answered yes asked able acquit reasonable doubt defendants guilty challenging cause defense counsel insisted received clear unequivocal answer ability fair ibid denied challenge stating know tried ibid majority takes solace fact persons actually seated jurors alternates specifically stated paid scant attention news ante context however general declarations reveal little seated jurors actual knowledge views possible pressure might felt convict thus instill confidence jurors sway prevailing community sentiment cf ante jurors get details enron complicated accounting schemes app nevertheless knew outline story including skilling lay cast leading villains juror instance told may heard little bit litigation really pa id attention yet clearly aware specifics questionnaire despite stating followed news wrote whistleblowers arthur andersen lying enron accounting expressed view skilling lay probably knew breaking law supp app questioning lasted barely four minutes district obtained meaningful information actual extent juror familiarity case basis belief skilling guilt yet nevertheless accepted assurance absolutely presume innocence app indeed district anemic questioning little dispel similar doubts impartiality numerous seated jurors alternates estimation half seated made written oral comments suggesting active antipathy toward defendants majority thus misses mark asserts skilling seated jurors exhibited nothing like display bias shown irvin ante juror instance reported written questionnaire knew several owned enron stock personally may owned enron stock mutual fund heard read enron cases houston chronicle three houston news channels fox news talking friends texas lawyer magazine believed enron collapse due greed mismanagement lay know going company really poor defendants suspect supp app questioning said th presume innocence believe put government proof also acknowledged might hesitancy telling people government prove case app juror wrote work ed someone worked enron got news houston chronicle channel news channel news factor talking friends regularly visited chronicle web site greed enron part caused company collapse lot people hurt financially supp app questioning stated problem requiring government prove case also told believed lay greedy corporate executives often stretching legal limits going say crooks know app asked whether star case sort inkling lay greedy must done something illegal offered indeterminate necessarily several seated jurors alternates make specific comments suggesting prejudice written oral responses abbreviated make virtually impossible district reliably assess whether harbored latent biases juror instance wrote questionnaire heard enron cases ews supp app questioned two minutes time confirmed heard news basically including trial moved added story news every detail enron app meaningful information knowledge attitudes obtained similarly juror wrote followed news aware people lost jobs supp app questioned less seconds time acknowledged caught glimpses coverage kn generally know company went bankrupt employees went businesses app little assessing likelihood bias lurked minds least seated jurors find telling way voir dire played district asked prospective jurors group whether reservations ability presume innocence put government proof two answered affirmative excused cause district individual questioning though truncated exposed disqualifying prejudices among numerous additional prospective jurors earlier expressed concerns impartiality see supra thus strikes highly likely least seated jurors despite stating fair harbored similar biases probing inquiry likely exposed cf yount holding trial particularly extensive voir dire assured jury impartiality majority suggests ante jury decision acquit skilling nine relatively minor insider trading charges confirms impartiality argument however mistakes partiality bad faith blind vindictiveness jurors act good faith sincerely believe fairness may nevertheless harbor disqualifying prejudices jurors may well acquit evidence wholly lacking subconsciously resolving closer calls defendant rather giving benefit doubt cf mcveigh supp wd prejudice may go unrecognized affected prejudice may deny fair trial limited bias discriminatory attitude includes impairment deliberative process deductive reasoning evidentiary facts resulting attribution something included evidence something powerful effect generates strong emotional responses regard significant government placed relatively little emphasis nine insider trading counts closing argument declining explain theory one counts detail whatsoever record acquittals counts thus provide scant basis inferring lack prejudice sum accept majority conclusion voir dire gave district sturdy foundation assess fitness jury service cf ante taken together district failure cover certain vital subjects superficial coverage topics uncritical acceptance assurances impartiality leave doubtful skilling jury indeed free animosity pervaded community large egardless heinousness crime charged apparent guilt offender station life occupies system justice demands trials fair appearance fact irvin believe skilling trial met standard grant relief footnotes statutes criminalize use mails wires furtherance scheme artifice defraud obtaining money property means false fraudulent pretenses representations promises mail fraud wire fraud statute defines term artifice provisions include scheme artifice deprive another intangible right honest services see fastow supp sd tex order hirko sd doc rulings made two judges district three judges residing area thus independently found defendants cases obtain fair trial houston painting different picture media coverage surrounding enron collapse justice sotomayor opinion relies heavily affidavits media experts jury consultants submitted skilling support motion post opinion concurring part dissenting part hereinafter dissent post post experts selected emphasized negative statements various news stories district judge find experts samples representative coverage large eticulous ly review ed evidence skilling presented concluded incidents news reports using language dwarfed largely tone articles app brief see also post acknowledging many stories straightforward news items questions included following opinions compensation executives large corporations receive family members friends ever worked applied work done business owned stock enron corporation enron subsidiaries partnership know anyone negatively affected hurt way happened enron opinion cause collapse enron yes opinion base opinion heard read enron cases yes please tell us name sources heard read enron cases read books seen movies enron yes please describe angry happened enron yes please explain opinion jeffrey skilling yes opinion base opinion based anything heard read told opinion guilt innocence jeffrey skilling yes please explain ould opinion may formed regarding enron defendants prevent impartially considering evidence presented trial jeffrey skilling yes unsure please explain anything else feel important know record among questions asked whether sympathy toward victims enron collapse desire see justice done overpower prospective jurors impartiality app selection procedures similar style duration took place three criminal cases earlier prosecuted houston arthur andersen llp sd tex charges enron outside accountants bayly sd tex charges merrill lynch enron executives alleged sham sales nigerian barges hirko sd tex fraud charges five enron broadband services executives see brief three cases district distributed jury questionnaire pool several hundred potential jurors dismissed individuals whose responses questionnaire demonstrated bias disqualifying characteristics questioning counsel selected jury remaining venire one day government memorandum law response defendants joint motion transfer venue skilling et sd record doc pp describing depth process arthur andersen bayly trials skilling requested additional peremptory strike time district rejected objection already granted two extra peremptories see supra denied request fifth circuit described media coverage follows local newspapers ran many personal interest stories sympathetic individuals expressed feelings anger betrayal toward enron even houston chronicle sports page wrote skilling guilt foregone conclusion similarly chronicle pet week section mentioned pet watching enron jerks led away handcuffs examples chronicle coverage omitted also granted certiorari heard arguments term two cases raising questions concerning statute scope see black weyhrauch today vacate remand decisions light opinion black post weyhrauch post assuming fifth circuit found presumption prejudice arose houston question presented skilling petition certiorari casts argument inquiry ever presumption may rebutted see pet cert although find presumption prejudice unwarranted case consider issue fairly subsumed within question agreed decide see rule venue transfer federal governed federal rule criminal procedure instructs must transfer proceeding another district satisfied great prejudice defendant exists transferring district defendant obtain fair impartial trial language rule suggests calls necessity transfer granted healthy measure respect see platt minnesota mining mfg federal courts invoked rule move certain highly charged cases example prosecution arising bombing alfred murrah federal office building oklahoma city see mcveigh supp wd also exercised discretion deny requests cases involving substantial pretrial publicity community impact example prosecutions resulting world trade center bombing see salameh cr ktd sdny yousef cr ktd sdny july aff prosecution john walker lindh referred press american taliban see lindh supp ed skilling argue distinct due process challenge district abused discretion rule declining move trial therefore review district decision compliance constitution murphy involved robbery prosecution notorious jack murphy convicted murderer helped mastermind heist star india sapphire new york american museum natural history pointing extensive press coverage murphy moved transfer venue trial denied motion jury convicted murphy affirmed murphy trial explained markedly different proceedings issue rideau louisiana estes texas sheppard maxwell entirely lack ed solemnity sobriety defendant entitled system subscribes notion fairness rejects verdict mob voir dire revealed great hostility toward murphy ome jurors vague recollection robbery charged knowledge past crimes none betrayed belief relevance past present case omitted yount media reported jon yount confession brutal murder prior conviction crime reversed due violation miranda arizona voir dire prospective jurors acknowledged carry opinion jury box seated jurors alternates admitted formed opinion yount guilt nevertheless rejected yount claim adverse publicity community outrage noted height prior yount first trial four years second prosecution time helped sooth eras community prejudice skilling reliance estes sheppard particularly misplaced cases involved media interference courtroom proceedings trial see supra skilling assert news coverage reached influenced jury empaneled according survey commissioned skilling conjunction first motion venue change houstonians named asked list enron executives believed guilty crimes app response question hat words come mind hear name jeff skilling respondents failed say single negative word either never heard skilling stated nothing came mind heard name another knew skilling name associated enron reported opinion record see app summarizes hirko jury deliberated several days convict enron defendant bayly routinely described first enron criminal trial jury convicted five defendants acquitted former enron executive sentencing phase bayly jury found loss amount slightly million even though government argued true loss million brief citation omitted fifth circuit moreover separate media attention aimed skilling devoted enron downfall generally data submitted skilling support first motion venue transfer suggested slim percentage stories specifically named app hen publicity event rather directed individual defendants may lessen prejudicial impact hueftle parties disagree whether presumption prejudice rebutted standard proof governs issue compare brief petitioner brief hold presumption arose need reach questions dissent acknowledges prospect seating unbiased jury houston remote compel conclusion district acted unconstitutionally denying skilling motion change venue post dissent conclusion skilling receive fair trial accordingly turns perception adequacy process dissent recognizes discretion owed trial courts comes issues post quoting virginia analysis district voir dire sometimes fails demonstrate awareness example dissent faults district questioning prospective jurors regarding knowledge feelings causey guilty plea post reasonably decline ask direct questions involving causey plea avoid tipping uninformed venire members plea occurred cf app counsel skilling urged district find way question venire members causey without mentioning anything nothing inhibited defense counsel inquiring venire members knowledge plea indeed counsel posed question cf post acknowledging counsel squeeze inquiry whether venire member read guilty pleas case last month two internal quotation marks omitted lofty panoramic vantage point post lines voir dire inquiry might helpful assessing whether juror impartial hard conceive constitutionally compelled however enough questions might helpful rather trial failure ask questions must render defendant trial fundamentally unfair according appropriate deference district characterize case fundamentally unfair cf supra selection process used prosecutions addition focusing adequacy voir dire decisions also take account measures used mitigate adverse effects publicity nebraska press assn stuart noted example prophylactic effect emphatic clear instructions sworn duty juror decide issues evidence presented open district instructions unequivocal jurors emphasized duty bound reach fair impartial verdict case based solely evidence hear read th courtroom app peremptory challenges provid protection prejudice ex rel darcy handy district earlier noted exercised discretion grant defendants two extra peremptories app see supra dissent analysis undervalues questionnaire part selection process difficult portray cursory post anemic post notably questions prospective jurors impressions enron skilling dissent contends asked post asked questionnaire see supra moreover district gave skilling counsel relatively free rein ask venire members responses questionnaire see app questionnaire plus opportunity interrogate potential jurors surely gave skilling counsel clear avenue permissible inquiry see post see also app counsel skilling judge record ask questions counsel covered one earlier prosecutions targeted big five public accounting firm arthur andersen see supra among media readers auditors name reputation arthur andersen likely sparked less attention name reputation jeffrey skilling cf supra considering whether skilling tried impartial jury dissent relies extensively venire members selected jury see post quoting questionnaires ten venire members excused cause voir dire commenced see record post quoting questionnaires venire members none sat skilling jury post quoting voir dire testimony six venire members none sat skilling jury post reporting length voir dire testimony venire members none sat skilling jury statements nonjurors call question adequacy process elimination venire members indeed one indicator process fulfilled function critically discussed infra seated jurors showed little knowledge interest personally unaffected enron downfall see also supp app juror knew casual owned enron stock juror work someone worked enron app juror two acquaintances lost money due enron collapse supp app juror work colleague lost money result enron bankruptcy see also app juror followed news detail extreme juror get details enron case kind tune juror state enron collapsed personal circumstances kept paying much attention juror recalled nothing particular media coverage juror hear news let filter juror really pay attention juror ot really keeping recall news enron juror read anything enron want read stuff internal quotation marks omitted juror seldom read houston chronicle watch news programs juror read newspapers watch news know details case made juror never really paid much attention juror rea number different articles since affected personally specifically recall juror read houston chronicle three months preceding trial volunteered form opinion based hear news juror formed opinions skilling guilt news stories circuit observed reviewing impact jurors media coverage watergate scandal may come surprise lawyers judges simply fact life matters interest may less fascinating public generally haldeman see also charlotte observer emarkably eyes many ases involving watergate defendants abscam defendants john delorean characterized massive pretrial media reportage commentary nevertheless proceeded trial juries satisfactorily disclosed unaffected indeed instances blissfully unaware untouched publicity brief abc et al amici curiae describing examples one juror check box explaining lived another state enron went bankrupt therefore fully aware facts regarding enron fall media coverage supp app juror two jurors juror juror indicated answer different question opinion skilling guilt voir dire established impartial see infra viewed skepticism example venire member promises abide law follow instructions find skilling guilty government prove case app gauge demeanor answers gave stated persuaded fair impartial excused dissent asserts government placed relatively little emphasis insider trading counts closing argument post record shows however counsel described detail evidence supporting count one counts jury returned verdict see record skilling government counsel asserted sold half stock based material inside information lied testimony securities exchange commission sec claiming reason sold enron stock september terrorist attacks internal quotation marks omitted counsel summarized skilling used nation tragedy cover tracks suggest reason lying want sec know done hat count proof beyond reasonable doubt regarding remaining counts counsel reminded jurors heard similar evidence skilling sales urged conclude based evidence skilling information used sell stock key periods time ibid skilling emphasizes voir dire weed every juror suffered enron collapse district failed grant challenge venire member whose retirement fund lost due ripple effects decline value enron stock app critically however venire member sit skilling jury instead skilling struck using peremptory challenge defendant elects cure trial judge erroneous ruling exercising peremptory challenge subsequently convicted jury biased juror sat held deprived constitutional right indeed use peremptory challenge effect instantaneous cure error exemplifies principal reason peremptories help secure constitutional guarantee trial impartial jury skilling trial counsel jury consultants apparently regard juror obvious ly bias ed brief petitioner warrant exercise peremptory challenge although skilling raised objection juror juror trial briefs impugn impartiality brief petitioner reply brief even allowed tardy pleas voir dire testimony two jurors gives sufficient assurance unbiased see app juror prejudge skilling guilt indicated follow instructions make government prove case stated fair skilling said judge facts juror formed opinion whether skilling guilty affirmed adhere presumption innocence decisions rightly set high bar allegations juror prejudice due pretrial publicity see patton yount murphy florida news coverage civil criminal trials public interest conveys society large justice system operates premise system jurors set aside preconceptions enter courtroom decide cases based evidence presented trial judges generally take care instruct jurors district case app addition upholding prosecutions courts also increasingly approved use statute attack corruption deprived victims kinds intangible rights including election fraud privacy violations see cleveland mcnally nn stevens dissenting courts disagreed whether prosecutions must based violation state law compare brumley en banc weyhrauch vacated remanded post whether defendant must contemplate victim suffer economic harm compare growers cadc black vacated remanded post whether defendant must act pursuit private gain compare bloom panarella see rybicki en banc hausmann welch frega brumley frost waymer bryan although verbal formulations varied slightly words employed courts appeals prior mcnally described concept honest services bruno honest faithful services brown faithful honest services diggs cadc considered similar interplay mcdermott wilander involved interpretation term seaman jones act app act recognized respond ed directly decision osceola adopt ed without elaboration term used case assume jones act use way cardinal principle roots chief justice marshall opinion murray charming betsy cranch long applied beyond debate edward debartolo florida gulf coast building constr trades council see new york ferber nlrb catholic bishop chicago photographs machinists street rumely winters new york crowell benson lucas alexander richmond screw anchor panama johnson ex rel attorney general delaware hudson coombs pet story parsons bedford pet story cf chaplinsky new hampshire statute made criminal address offensive derisive annoying word person public place vagueness obviated construction statute cover words direct tendency cause acts violence addressee internal quotation marks omitted justice scalia emphasizes divisions courts appeals regarding source scope fiduciary duties post debates rare bribe kickback cases existence fiduciary relationship definition term usually beyond dispute examples include public see mandel see bohonus union members see price see generally chiarella noting established doctrine fiduciary duty arises specific relationship two parties apprised broader reading render statute impermissibly vague congress believe drawn line bribery kickback schemes cf levin commerce energy slip ourts may attempt implement legislature willed apprised constitutional infirmity booker seek determine intended light constitutional justice scalia charges construction interpretation invention post stating know precedent case law core contends today wield power long ago abjured power define new federal crimes post see also post noted supra cases paring federal statutes avoid constitutional shoals legion cases recognize legislate instead respects legislature preserving statute limiting interpretation see lanier create common law crime adopting narrow ing constru ction internal quotation marks omitted supra given courts appeals uniformly recognized bribery kickback schemes fraud mcnally schemes composed lion share cases limiting heartland applications surely fairly possible boos barry cf clark martinez opinion scalia adopting limiting construction lowest common denominator must govern construed statute unconstitutionally vague see infra post taking wrecking ball statute salvaged reasonable narrowing interpretation act step precedent congress take enterprise criminalizing undisclosed public official private employee brief employ standards sufficient definiteness specificity overcome due process concerns government proposes standard prohibits taking official action employee furthers undisclosed financial interests purporting act interests owes fiduciary duty long employee acts specific intent deceive undisclosed conduct influence victim change behavior see also formulation however leaves many questions unanswered direct significant conflicting financial interest extent official action interest order amount fraud disclosure made information convey questions others call particular care attempting formulate adequate criminal prohibition context overlap federal statutes render superfluous principal federal bribery statute example generally applies federal public officials application state local corruption fraud reaches misconduct might otherwise go unpunished fifth circuit appeared prejudge issue noting three objects skilling conspiracy offers legally insufficient theory must set aside conviction reasoning relied mistaken premise hedgpeth pulido per curiam governs cases collateral review see analysis clarify applies equally cases direct appeal accordingly fifth circuit remand take fresh look parties arguments footnotes untroubled divisions debates rare bribe kickback cases existence fiduciary relationship definition term usually beyond dispute ante misses point courts appeals may consistently found unlawful acceptance bribe kickback one another sort fiduciary consistently described statute test fiduciary courts since enactment fared better reproducing disputes predated mcnally see sorich scalia dissenting denial certiorari slip collecting cases previously found important vagueness analysis conflicting results arisen painstaking attempts enlightened judges seeking carry statute cases brought cohen grocery loss explain barely mentions conflicts today alleged precedent dares describe civil service letter carriers case involved provision hatch act incorporating prior adjudications civil service commission upheld provision vagueness challenge however paring adjudications narrow rule invented concluding held vague see string cases lists see ante almost none addressed claims vagueness nothing paring one comes closest photographs specified time limit within proceedings authorized statute forfeiture obscene imported materials commenced completed much different reading requirement obligations undertaken contracts hardly described rewriting paring statute relied legislative history anticipating proceedings prompt noted unlike decid ing issues policy footnotes see also app describing enron hardball fraud noting enron prosecutors approached case like organized crime investigation corporate fraud prosecution tactic makes sense given sheer pervasiveness fraud corruption lay stood proudly front enron facade success skilling prot égé andrew fastow ginned increasingly convoluted mechanisms concealing financial reality decide particulars yes ken lay knew describing enron collapse failure result fraud criticizing skilling using vitriol smokescreen bolting door enron stock price plummeted supp record discussing role skilling lay granddaddy corporate frauds according skilling media expert local television stations adopted themes dr home vivid repeated visual imagery replaying footage skilling walk details skilling upcoming trial discussed app arraignment news outlets followed man drove home fbi headquarters back home often providing commentary interviewing former enron employees comment day events reporting motion chronicle described skilling desperate defendant austin opined change venue may make sense rom legal perspective standpoint pure justice wealthy executives really judged right economic hurricane struck force see juror ken lay others guilty get go jail skilling rash rrogant onceited find morally awful people still running loose juror skilling biggest liar face earth juror skilling lie mother cause juror think skilling arrogant crook juror skilling killful iar crook lot dirty work defendants blind deaf stupid unaware happening emphasis deleted juror skilling otally unethical criminal defendants guilty reduced beg corner live bridge juror guilty sin come juror skilling initiated designed authorized certain illegal actions juror lay take punishment like man goes jeffrey skilling family stripped assets made start like thousands made start juror skilling mug reedy isingenu ous active hand creating sustaining fraud defendants renewed motion change venue record doc sealed exhs hereinafter skilling renewed venue motion see also app summarizing additional responses another percent indicated read chronicle otherwise heard enron cases report victims make comments suggesting possible bias defendants see juror skilling ot honest man juror skilling knows admitting juror believe involved wrong doings juror many people lost life savings dishonesty members executive team skilling oo aggressive ith accounting juror level control power hard believe unaware responsible way juror skilling eems much involved criminal goings juror housands people taken advantage executives enron skilling arrogant skilling andrew fastow immediate superior fastow plead ed guilty felony charges believe skilling aware fastow illegal behavior juror nice try resigning months collaps know going juror skilling new getting roke juror skilling ailed knew enron going juror ow know seem lying things juror held responsible officers company happened juror believe greatly misused power affected hundreds lives result believe guilty affected employed enron many others well juror seem remember trying claim mental emotional issues remove guilt think deceitful seems though big player downfall juror believe knew certainly known ceo illegal improper activities rampant enron believe instrumental massive fraud perpetrated enron skilling renewed venue motion see app juror expressed view defendants stole money employees juror admitted lean ed towards prejudging defendants juror stated place burden proof defendants juror indicated set aside view fraud enron juror stated questioned defendants innocence upset government prove case juror expressed view defendants guilty course even jury selection process adequate trial violates defendant right impartial jury erroneously denies challenge biased venire member ultimately sits jury see seating juror dismissed cause require reversal whether district abused discretion declining change venue pursuant federal rules criminal procedure different question see fed rule crim proc upon defendant motion must transfer proceeding defendant another district satisfied great prejudice defendant exists transferring district defendant obtain fair impartial trial indicated supervisory powers confer latitude set standards conduct trials federal courts state courts virginia circumstances may constitutionally compel change venue without pausing examine voir dire rideau louisiana widely felt sense victimhood among houstonians community animus toward skilling certainly meant task reliably identifying untainted jurors posed major challenge guarantee success likely far easier empanel impartial jury venue enron story less salience thus agree appeals imprudent district ourt granted skilling transfer motion skilling however likely forfeited rule supervisory powers claim failing present either opening brief fifth circuit see petition certiorari cf ante one skilling experts noted cases involving articles trial judges granted change venue time app see livid absolutely livid lost entire friggin retirement people raped us internal quotation marks omitted app hurting many elderly people severely feel equivalent axe murderer actions harmful axe murderer community alteration original stuff suicide bombers enron executive pilots took full advantage golden parachutes bail corporate jet setting craft course financial oblivion business time frame enron pancaked faster twin towers noting skilling picture turned alongside osama bin laden posters inside company headquarters among highlights skilling testified congress enron executives invoked fifth amendment rights enron auditor arthur andersen indicted tried convicted sentenced charges obstruction justice enron task force charged enron cfo andrew fastow fraud money laundering crimes least two enron employees pleaded guilty fraud tax charges enron task force indicted numerous enron employees including ben glisan company treasurer lea fastow wife andrew assistant treasurer half dozen executives enron broadband services several enron employees entered guilty pleas received prison sentences enron filed bankruptcy reorganization plan andrew lea fastow pleaded guilty skilling causey indicted february superseding indictment adding lay filed july number additional enron employees entered guilty pleas former enron employees merrill lynch bankers defendants trial houston concerning enron deal involving sale nigerian barges trial held houston five executives enron broadband services various pretrial proceedings occurred run trial skilling lay causey three weeks scheduled trial date causey pleaded guilty securities fraud majority points jury selection processes three previous enron trials held houston similarly brief see ante circumstances cases however different particular defendants personally subjected anything approaching withering public criticism directed skilling lay earlier noted see supra trial skilling lay widely seen climactic event enron saga accordingly conclusion jury selection process unusual case suffice select impartial jury cast doubt adequacy processes used earlier enron prosecutions moreover referencing length voir dire case mean suggest length principal measure adequacy jury selection process trial courts including one commended striving efficient must always take care ensure expeditiousness compromise defendant right also express view respect versus voir dire federal rule criminal procedure gives district courts discretion choose options doubt either capable producing impartial jury even high profile cases long trial assures scope voir dire tailored circumstances juror brought plea response district question whether recall ed listening particular programs case app juror meanwhile told read whole houston chronicle every day including articles enron however ask questions designed elicit information causey plea instead juror remarked plea skilling counsel managed squeeze whether read guilty pleas case last month two portions voir dire transcript erroneously refer prospective juror juror see exchange juror sat jury typical remember reading particular articles case lay skilling recently week nothing lot articles week yeah recall particular articles read last week word word read articles sunday chronicle ones remember reading one trial think trial going work majority criticism skilling counsel failing ask questions many prospective jurors cf ante thus misplaced given district express warning early voir dire allow counsel ask individual questions abuse right app counsel hardly blamed declining test boundaries every turn moreover perfunctory exchanges prospective jurors often gave counsel clear avenue permissible inquiry although district underestimated extent community hostility certainly aware ubiquity pretrial publicity acknowledging us exposed substantial media attention case even made offhand remark one prior enron prosecutions nigerian barge case apparently expecting prospective jurors understand reference taking line prospective jurors juror stated thought guy radio pretty narrow minded everyone considered innocent totally get chance come government might overzealous prosecutions added however believe probably accounting fraud enron district denied government request remove juror cause ultimately sit jury majority attempts downplay significance juror noting end jury skilling used peremptory challenge remove see ante majority makes similar point respect venire members ultimately seated see ante comments venire members however relevant assessing impartiality seated jurors similarly part community deeply hostile accused may unwittingly influenced murphy florida see also irvin dowd moreover fact district failed remove persons dubiously qualified juror goes directly adequacy voir dire juror made end selection process difficult confidence impartiality jurors sat especially given little known many cf lafave responses seated casts light credibility seated jurors familiar publicity majority also notes seated jurors alternates personal enron connection ante means course five seated jurors alternates connections friends colleagues lost jobs money result enron collapse fact strike particularly reassuring one skilling jury experts observed tendency voir dire jury pool members cases minimize exposure media knowledge prejudicial information biases may app see also perceive wish perceived good citizens reluctant admit fair reason fact none seated jurors alternates checked box written questionnaire asked whether opinion skilling ante minimal significance particularly given causey plea impending trial received significant media coverage questionnaires submitted many seated jurors alternates expressed similarly troubling sentiments see supp app juror obtained news chronicle local news stations blamed enron collapse ot enough corporate controls effective audit procedures prevent mismanagement corporate assets angry many people lost jobs retirement savings juror followed news various sources including chronicle angry happened fe lt bad worked hard invested corp oration taken away juror several friends worked enron lost money heard enron cases news described collapse sad people lost jobs money lots money believed government right thing investigation juror received news chronicle channel news factor internet news sources friends family attributed enron collapse oor management bad judgment greed lamented sad state loyal employees left nothing retirement accounts admire bravery enron sherron watkins bringing situation attention public stopped things getting worse juror heard news wife television wrote right someone take away money small average worker saves retirement life described government enron investigation good thing juror obtained information enron jury pool fastow trial worked employer lost money result enron collapse found sad collapse affected huge number people thought someone something illegal juror knew colleague lost money enron collapse obtained news houston chronicle time magazine local tv news radio friends family internet news sources noted stood employees retirees lost savings several jurors fell category juror wrote questionnaire heard enron chronicle internet news sources questioned seconds time indicated read article internet preceding night jury selection taking place today stuff like app juror wrote heard read enron cases know anything enron supp app district questioned barely one minute stated ot really learned case added heard parents app press majority suggests fact skilling challenged one seated jurors cause indicates believe jurors biased ante decisions however distinguish claims involving partiality individual juror antecedent claims directed partiality trial jury whole patton yount see also frazier two sorts challenge distinct therefore dealt separately jury selection process give defendant fair opportunity identify biased jurors defendant hardly faulted failing make challenges