On the afternoon of Jan. 14, when U.S. District Judge Lawrence M. McKenna affirmed Magistrate Judge Ronald L. Ellis’ order denying the application for Bernard Madoff’s pretrial detention, the public was again outraged and inflamed by this latest “defeat” in the Madoff bail watch. To most, it seemed a further betrayal of justice and grave insult atop the already devastating injuries suffered by so many. Madoff smirked his way out of the courthouse and back home to the lap of luxury.

Forget about merely jailing him; before Ellis’ decision was issued on Jan. 12, responsible commentators for CNBC literally favored waterboarding Madoff “to get him to talk,” or placing him in an open-air stockade “right on Wall Street” so that the man on the street might air his grievances with Madoff face to face (with whatever consequences that might mean for his physical safety). Following the decision, bloggers on The New York Times online irresponsibly speculated that Ellis, in deciding as he did, may have been on the receiving end of one of Madoff’s famous post-midnight checks. Unbelievable!

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