Lucius and prison and all that...

[ghinghapuss]

No: HPFGUIDX 94968

> -Nora wrote:
> JKR has told us that there's going to be a new Minister of Magic, 
one 
> thing that I'd predicted for myself.  Scandals like the one just 
> having taken place under Fudge are the kind of thing that remove 
> administrations from power, and there's a long and fine British 
> tradition of them.  So Fudge is toast, and discounting some real 
> manifestation of FIE, I don't think he'll be one of the vengeful 
> kicking and screaming types--I think he's pretty shaken up.
> Fudge being gone cuts out a decent amount of Lucius' influence, off 
> the bat.  In addition, I'm not sure what Lucius' reputation was 
> really *like*; witness the ever brought-up exchange with Borgin in 
> book 2.  Borgin doesn't exactly sound like a fan, as soon as Lucius 
> has left the store.

Mandy here:
We don't know that.  I seriously doubt's that Fudge is the only 
member of the Ministry Lucius has in his back pocket.


> -Nora wrote:
> Lucius got caught red-handed.  Enough witnesses were there to prove 
> that Dumbledore had been right all along.  Factor in the 
possibility 
> that people had always been making quiet noises about what Lucius 
> was, and his reputation is toast.  The WW doesn't seem to be 
terribly 
> fond of Death Eaters, either...

Mandy here:
Sketchy witnesses at best.  All of them fighting so no one is going 
to have a truly clear picture of what happened.  Try proving any 
action during a battle, it's impossible.  Only we, as witnesses, have 
a clear picture of what happened and that is because JKR wanted us to 
see the climax of her story.  Try to look at the picture from inside, 
from each characters point of view, and it becomes very blurred.  DD 
himself was on the run from authorities at the time, so his testimony 
will be ripped to shreds, Lupin is a werewolf and hated within the WW 
so his  testimony won't be taken seriously. The children were not 
supposed to be there and could easily be kept from testifying. Even 
if they did, how are they going to explain why they were there?  
Rescuing Sirius?  He's a convict on the run.  If the fact that Harry, 
and through Harry DD, know where Sirius was for the last 2 years DD 
would be in even deeper trouble.  Not to mention, Shaklebolt and 
Tonks are Aurors working for the MoM if it comes out that they knew 
where Sirius was their careers are destroyed.  As Kneasy said in 
another post, the whitewash is going to be huge and Malfoy could get 
away with murder, literally within that kind of cover up.  The WW is 
going to want to know why Malfoy is locked up and there is not going 
to be a convincing explanation.


> -Nora wrote:
> We have no evidence of wizarding lawyers, and the justice system is 
> pretty awfully summary.  This worked against Harry in his hearing, 
> against Black, sent to Azkaban without a trial--I see no reason for 
> Malfoy to get any better treatment, especially as he's already in 
> prison.  No mention was made in OotP of an upcoming trial, and 
Draco 
> didn't say something like 'Money/whatever will get him off', but 
> simply that they'd be out soon--more likely a breakout than not.  
> (Draco also does seem at least a little concerned for the 
publicness 
> of all this.  As right he should.)

Mandy here:
But Harry did have a hearing and DD served as his council because his 
guilt had to be proven before they could punish him. Crouch and the 
Lestranges had a trial where Crouch Jr., was allowed to speak on his 
own behalf, before they were sentenced to life in Azkaban.  Black did 
not, but I answered that point in another post but here is a copy :  
Sirius did not have the support of his immensely powerful family 
backing him up at the time. They had turned their back on him. 
Ironically as Sirius was thrown in to Azkaban for being a mass 
murderer and LV heir apparent. One would think that would have 
redeemed him in his parent's eyes. But even if his parents had a turn-
around and wanted to help their only remaining son at the time of his 
sentence, the time was all-wrong. With LV being defeated the tied of 
public opinion was against anyone who was with LV, and the Black 
family along with all the purebloods, were desperately trying to 
distance themselves. To help their son would have either proven the 
family's loyalty to LV, or Sirius allegiance to DD. Neither option 
would have been acceptable to the Black family. For them, the best 
answer was to let Sirius rot in prison.  

Malfoy, on the other hand, looks like a good guy, we know he isn't 
but he has the WW on his side. He's managed to position himself where 
he maintains respect and power, and I don't think his camp will allow 
him to just be thrown into Azkaban without an explanation or a fight. 
Some sort of trial, or an inquiry will be demanded
and I don't see how the WW cannot comply.  No one with Malfoy's kind 
of power can be thrown into Azkaban and be made to disappear unless 
all sides want it, which was the case with Sirius.  Lucius Malfoy 
will fight and fight hard!
 
Also who should Draco explain how his father is going to get out of 
prison to his enemy?  Just to say he's getting out is enough. 


> -Nora wrote:
> With a toasted reputation, there's only so much money can do.  I do 
> admit that a scenario I'd love to see is 'Draco as social pariah', 
> now that his daddy's a prison b**ch.  There are, of course, the 
back 
> ways, and I'm fairly sure that the DEs will get out of Azkaban 
> somehow, but Lucius is way too far gone for a public rehabilitation 
> by now.  His delusions of being the one pulling the strings are 
> toasted.  If I were the Minister, I'd probably execute all the DEs 
in 
> Azkaban, but that's just my bloodthirsty side speaking...

Mandy here:
Lucius has been pulling the strings at the ministry for years.  Those 
are not delusions.  Our  experience, as readers, of the Ministry 
comes from Arthur Weasley and he is someone who has not conformed to 
the bribery and back stabbing that seems to be rife at the ministry.  
Arthur's lowly position seem to me to be proof that, if you don't 
play the game you get left behind.  Malfoy has been playing that game 
to his advantage for years and he know has an opportunity to call in 
his chips.

Execution for the convicted DE, of which Malfoy is not one, would be 
a good answer, but there is no record of any legal executions 
occurring in the WW. The death sentence doesn't exist in Britain or 
Europe either so I don't think it would happen in JKR's books.  I 
would like to see Draco as a social pariah though.

Mandy.