The Crucifixion of Oliver Schmidt

Guest Post by Eric Peters

Volkswagen AG executive Oliver Schmidt is due to be sentenced this week for “cheating” Uncle. He faces seven years in federal prison and up to $400,000 in fines. His professional life is, of course, kaput. He will never work again.

Starbucks, perhaps.

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And his personal life is probably ruined, too. Not many wives stand by their convicted felon.

Schmidt is only 48 years old – and his life is over. All because he – along with other VW executives and engineers – “cheated” on federal emissions tests, which amounts to the same thing as making a right turn on red when there’s clearly no traffic around. A violation of statute; no actual harm caused to anyone.

But the affront to the authority of the state, that is another matter. It’s why cops lurk in wait at intersections in the middle of the night, waiting to waylay a right-on-redder. The cop can see it’s safe to make the turn. He knows no one is threatened with any harm as a result of the perfectly safe right turn, the red light notwithstanding.

But the law must be obeyed – which is another way of saying the state’s authority must never be questioned.

Same thing here.

Schmidt harmed no one. VW’s diesels harmed no on. The only “evidence” adduced to convict Schmidt and nail him – and VW – to the cross is the hearsay speculation of EPA bureaucrats, who claim that microcosmic, fractional differences in the output of oxides of nitrogen (NOx), a byproduct of combustion, are “harmful.”

In the same way that making a right on red with no one around is.

The EPA – and federal courts – were not required to prove that anyone (literally, any one – even a single actual human being) was harmed by the “cheating.” Just as it is not necessary to establish that a right-on-red harmed anyone.

The only thing that matters is that the government be obeyed – regardless of the fatuity of the “offense.”

Schmidt and VW regarded this as absurd – just as any normal person regards it as idiotic to sit stupidly at a red light in the middle of the night and not make that turn when it’s obvious there’s no one else around for miles.

But after a few months in Room 101, poor Schmidt has come around.

Like Winston Smith after his conversion, Schmidt loves Uncle now. He has written the judge who will preside over his sentencing a mewling apologia in which he states that he feels “misused” by his former employer.

“I must say that I feel misused by my own company in the diesel scandal or ‘Dieselgate,’ ” Schmidt wrote to U.S. Federal Judge Sean Cox, according to a letter filed in court and which was published by Germany’s Bild am Sonntag newspaper.

“In hindsight, I should never have agreed to meet with Dr. Ayala on that day,” he wrote – describing a meeting with Alberto Ayala, a California Air Resources Board bureaucrat.

“Or better yet, I should have gone to that meeting and ignored the instructions given to me and told Dr Ayala that there is a defeat device in the VW diesel engine vehicles and that VW had been cheating for almost a decade. I did not do that and that is why I find myself here today.”

California’s emissions rigmarole is even more fatuous than federal fatuity.

VW was under immense pressure to get its cars “certified” for sale in what is still – for the moment – the country’s largest market for new cars. So a little harmless shuck and jive occurred. Bureaucrats were bamboozled. This kind of thing used to be applauded as Yankee Ingenuity but today is regarded as almost a kind of mental aberration, like not loving Big Brother or really seeing those fingers . . .

” . . . O’Brien held up his left hand, its back towards Winston, with the thumb hidden and the four fingers extended. ‘How many fingers am I holding up, Winston?’ ‘And if the party says that it is not four but five — then how many?’ The word ended in a gasp of pain.”

One wonders whether – a couple of years hence – we will find a watery-eyed Schmidt drowning himself in Victory Gin at the Chestnut Tree Cafe . . . .. . .

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40 Comments
Hollow Man
Hollow Man
December 4, 2017 3:36 pm

The government must be obeyed unless your the clintons. Oh wait part of the government then the rules don’t apply to you.

Iska Waran
Iska Waran
December 4, 2017 3:43 pm

“Schmidt harmed no one.” Except for any other competing car companies that didn’t cheat and incurred additional expenses to meet US pollution standards.

Anonymous
Anonymous
  Iska Waran
December 4, 2017 4:07 pm

And all those who ended up with cars needing to be altered or junked because they couldn’t sneak past emission tests anymore.

Fulton
Fulton
  Iska Waran
December 4, 2017 6:41 pm

Mazda lost YEARS of diesel sales because they could not figure out how VW was meeting emission standards without using DEF. Turns out, VW was NOT meeting the standards.

Aquapura
Aquapura
  Fulton
December 4, 2017 9:35 pm

Yep. Remember well the “I get over 50mpg in my diesel Jetta” comments common about 10 years back. Usually followed up with a “wish I could get a diesel in….” It all becomes clear now.

DAN III
DAN III
  Iska Waran
December 5, 2017 11:57 am

Globalist Iska,

So tell me…..what other car company was selling diesel autos in fUSA besides BMW ?

In the meantime….GFY !

steve
steve
December 4, 2017 3:46 pm

He did nothing I’m concerned about but I don’t drive a Tesla.

Llpoh
Llpoh
December 4, 2017 3:48 pm

What a load of horseshit. Those fuckers cheated everyone who bought a VW, they intentionally rigged the cars, and they intentionally broke the law. I have zero sympathy for unethical fucks like that. Starbucks? Starbucks is too good for them.

Iska Waran
Iska Waran
  Llpoh
December 4, 2017 4:35 pm

Exactly. It’s like saying “how is your landscaping company that only hires US citizens & legal residents hurt by my landscaping company hiring illegals and paying them cash under the table?”

Llpoh
Llpoh
  Iska Waran
December 4, 2017 4:59 pm

Iska – it amazes me that a great many folks think what those fucks at VW did is akin to running a red light. Around here, people are regularly outraged at the actions of big corporations.

But here is an example of big corporations acting intentionally to defraud the public, acting intentionally to break the law, willfully covering it up, etc., and many folks think they should be let off as though it is a minor traffic infringement. These fucks hurt the public, their competitors, etc. Maybe the laws are wrong. Hell, let’s say that they are. But business simply MUST obey them. If you allow business to subvert the laws of the land with impunity then your nation is fucked, pure and simple.

I have never intentionally broken the law in business. Never. Nor will I. It is an obligation and contract I have with society. The arrogance of these people knows no limit. They preference their own positions above their legal, moral, ethical obligations. I do not care if they eat catfood for the rest of their lives. They chose their paths. They should have chosen more wisely.

llllpohhhh
llllpohhhh
  Llpoh
December 4, 2017 6:03 pm

you are so much smarter than us dirt people

Llpoh
Llpoh
  llllpohhhh
December 4, 2017 6:10 pm

Tell me something I do not already know. I will not hold my breath waiting.

Maggie
Maggie
  Llpoh
December 5, 2017 6:48 am

I do not think most people understand why it is so important that corporations, having been given the rights of “voting” citizens (between the lines: According to the SCOTUS, Corporations are “campaign contributing citizens” with the same rights as citizens that happen to have million dollar donation funds and thousands of employees to propagandize about voting.) And, in more recent days when political correctness has silenced the lambs, fully aware Corporate rights rode in on the same horse as a made-up right to “political speech” in the form of campaign contributions for favors from CongressCritters.

LLPOH, I know you are a businessman and you employ many people who may feel some sense of loyalty to you for providing them an honest livelihood. However, why should your business acumen and success with your employee/customer base give you a citizen’s right to political speech immediately magnified by the number of dollars you are able to donate: millions in the case of big corporations like VW and/or Countries to the Clinton Foundation?

I apologize for the hyperbolic comparison, but I’m trying to LEAP to my point instead of ramble. Oops. Failed.

If companies are able, through campaign donations to CongressCritters*, to purchase loopholes in legislation meant to protect the citizens from predatory practices, then they might actually accumulate enough leverage with the Harridans of Hollywood (Am talking Pelosi and the other scummy wenches from Cali) to force the entire citizenry of the nation to PURCHASE their tool of predatory practice, aka medical insurance. Wouldn’t that be a slap in the face to the honest businessman who just follows the law instead of molds it to his will?

*I really WANT CongressCritter to become a TBP term. It is my Christmas wish.

Anonymous
Anonymous
  Llpoh
December 5, 2017 9:09 am

Hypocrisy is rather common around sites like this.

Crawfisher
Crawfisher
  Llpoh
December 4, 2017 6:58 pm

Exactly as well, individual’s car value dropped as a result. Add up the total number of diesels times the value lost. Its a big number that represents theft.
Of course the corresponding stock value drop is a bigger number.

TampaRed
TampaRed
  Crawfisher
December 4, 2017 10:34 pm

if i’m not mistaken,vw offered to buy these cars back after they were caught rigging the tests–
i do not believe any customers were cheated–

Anonymous
Anonymous
  TampaRed
December 5, 2017 9:13 am

They lost their cars, and whatever buyback was done was not based on true value of the vehicle if it had not been fraudulent.

DAN III
DAN III
  Llpoh
December 5, 2017 11:59 am

Well, another communist rears his ugly, totalitarian head.

“The law” ? Fucking regulations created by unelected bureaucrats.

GFY.

hardscrabble farmer
hardscrabble farmer
  Llpoh
December 5, 2017 2:01 pm

I disagree with you on this one.

The standards demanded that the cars have a specific emissions results “when tested”. VW determined that they could calibrate the software to sense when a vehicle was in “testing mode” and switch the performance to a “rest mode” where the target emissions levels could be reached and then reset afterwards.

Technically they didn’t violate the law, they conformed to it based on the EPA language. Had they decided to stand their ground they could have won their case legally and the EPA simply would have been compelled to rewrite the language to eliminate that technical oversight, but their legal teams decided that it would cost them more in the court of public opinion to be seen as deliberately sneaky and manipulative (which they were) as opposed to very, very clever and strictly speaking, perfectly within the limits of the law.

james the deplorable wanderer
james the deplorable wanderer
  Llpoh
December 6, 2017 2:13 pm

The regulations THEMSELVES are utter horseshit (h/t Eric Peters). Whatever trivial environmental “good” was achieved with emissions regulations lowered from “microscopic” to “nearly undetectable” was lost in civil and free marketplace rights eroded by bureaucrats. If your product does not do harm, why are you being prosecuted?
Any tinhorn bureaucrat with an ideology can write regs to cripple your business. When all you can find are shitty cars that cost too much and do too little, will you understand then? Will you protest, write letters to the editor and scream to your neighbors?
Or will you do more?

Stucky
Stucky
December 4, 2017 6:32 pm

If we replace our Sonata at the end of this month with a VW …. I will NOT feel cheated, just as No VW owner has EVER felt they were cheated.

Why? Because literally no buyer gives a motherfucken flying fuck about — “MICROCOSMIC fractional differences in the output of oxides of nitrogen (NOx)”

Peters is correct. This ain’t about NOx. It 100% about government power. If you don’t believe that, you must believe the goverment cares about you.. Hardy har har!!!

THEY BROKE DA LAW, MAN!! YA GOTTA FOLLOW DA LAW, MAN!! WITHOUT DUMB ARBITRARY UNFAIR GOVERMENT LAWS TO RULE US WE WILL ALL DIE, MAN! LAWS! LAWS. GOTTA FOLLOW THE LAW!!

Whatever.

Drug companies kill millions more people than this dumbass NOx crap. Millions! But, hey, it’s not against the law, so it’s perfectly OK. Drug companies obey the LAW!! Don’t you feel safer now?

I’m guessing companies break hundreds of laws. Why not go after all lawbreakers? Why target VW? I don’t know the answers except to say this smells dirty and rotten to the core.

Capn Mike
Capn Mike
  Stucky
December 4, 2017 8:03 pm

As more often than not I’m with you, Stuck!
So many fuckin’ statist whiners here, tonight.
Ooooh, they didn’t follow the rules, boohoo.
WHOSE rules, folks? Your overlords? Yeah, that’s what I thought.
Fuckin’ losers. See ya at the Gulag.

DAN III
DAN III
  Capn Mike
December 5, 2017 12:01 pm

Mike….the whiners are communists. When the SHTF they will be deserving of a short rope and a tall tree.

Llpoh
Llpoh
December 4, 2017 6:42 pm

Stuck – if you think laws do not matter, you need to re-think. The reason the US and other nations thrive is due to the rule of law. When corps can ignore laws without consequence, your nation is truly screwed.

Stucky
Stucky
  Llpoh
December 4, 2017 8:04 pm

I didn’t suggest we become a nation without laws.

But, I ask you, do you keep all laws? Keep in mind the book “Three Felonies A Day” … the premise being that every American commits three Felonies per day, so onerous is the Federal Register.

The problem isn’t that we are a nation without law.. The problem is we have too many laws … with no end in sight, as Congress views it as it’s inalienable right to make laws until Jesus returns.

How in the fuck did we allow the EPA to MAKE LAW??!! And, worse, arm them with jackboot thugs? So great an abomination has never been visited upon man, saith the Lord.

Llpoh
Llpoh
  Stucky
December 4, 2017 8:47 pm

I try not to break laws.

But VW broke the law intentionally. That cannot be allowed. Who chooses what laws are ok? You? Me? VW?

If the laws are wrong, they must be changed. But to allow a corp to decide what laws it will follow, or not, is intolerable. That leads to third world conditions.

Re the EPA, I hate the bastards, make no mistake. We need far fewer laws. Make that happen. But we cannot allow laws to be broken becuase a corp, or an individual, unilaterally decides that the laws can be broken without consequence.

TampaRed
TampaRed
  Llpoh
December 4, 2017 10:41 pm

Llpoh wrote,
“Stuck – if you think laws do not matter, you need to re-think. The reason the US and other nations thrive is due to the rule of law. When corps can ignore laws without consequence, your nation is truly screwed.”

100% correct,but when laws are passed w/o regard to their being applicable in the real world and corps/citizens have to break the law to survive your nation is also truly screwed.

Francis Marion
Francis Marion
  TampaRed
December 5, 2017 10:28 am

I would add that when laws only apply to the plebs and not the people running the country then they become meaningless. The law can also be weaponized in which case…

[imgcomment image[/img]

DAN III
DAN III
  Llpoh
December 5, 2017 12:05 pm

Statist Lipoh,

fUSA thrives ? 20 trillion dollars in debt. 93 million working age Americans without work or not earning family sustaining wages. You are a fucking idiot.

Tell me….when is Hillary Clinton and the Kenyan mulatto going to be indicted for non-compliance ?

GFY !

Rob
Rob
December 4, 2017 7:37 pm

Lil Pooh….HAHAHAHAHAHAHAHAHA. You one funny guy there.

General
General
December 4, 2017 8:32 pm

All laws should be followed no matter what?

So if a law was passed that it’s ok to stick Jews in the oven, that’s ok?

So if a law passed that makes black people slaves, that’s ok too?

Or what about it’s ok to kill Indians and stick em on reservations, that’s ok too?

Some laws are NOT ok. The Nuremberg Trials proved that.

Now as far as certain ethnicities having problems, that is another issue altogether.

Llpoh
Llpoh
  General
December 4, 2017 8:50 pm

General says “All laws should be followed no matter what?”

Who said that? And your argument is absurd. VW simply could have walked away from the business. Instead, they chose to break the law, and cover up their actions. Comparing that to some hypothetical genocide permitting law is beyond moronic. It was a financial decision, pure and simple. Made not for the benefit of customers, or owners, but made out of self-interest of employees. What a crock of shit.

razzle
razzle
  Llpoh
December 4, 2017 9:07 pm

Genuine question purely because I find the authority of an organization like the EPA byzantine… did VW violate an actual law, or did they violate a regulation that only the EPA had any real say in… but congress has granted their regulation the weight of the law?

Are there any boundaries on EPA regulations to prevent them from abusing their ability to essentially write laws without oversight? Attempts to search this reveal an ambiguous answer which knowing how even the best organizations operate leads me to believe there is no meaningful oversight to EPA regulations which has essentially created a path of creating “law” without even the crude checks and balances.

To me this renders the organization contemptuous, if not outright traitorous. Do their regulations (laws) help us against our external competitors by helping us build higher quality products that the rest of the world wants, or inhibit us?

How does anyone regulate EPA regulations outside of the most rare and flagrant public outcry, of which most regulations will barely be comprehended enough to elicit a “huh” much less a “HELL NO!”

DAN III
DAN III
  Llpoh
December 5, 2017 12:07 pm

Commie Lipoh….I own TWO VW diesels that are non-compliant with your beloved EPA.

Go Fuck Yourself !

Aquapura
Aquapura
December 4, 2017 9:28 pm

Mr. Peters doesn’t hide the fact that he wants to give Rudolph Diesel a big wet kiss with a happy ending included. He also doesn’t hide the fact that he isn’t a fan of Nikola Tesla and using electricity to do anything more than power his computer from which he writes his hyperbole.

The problem isn’t if a VW diesel polluted more or less than the Peterbilt delivering Chinese junk to the Amazon warehouse. The issue is they cheated an established standard that everyone else followed and thereby suffered because someone wasn’t playing fair. Very interesting that for years VW was the ONLY mfr. that offered a full line of oil burners in light duty passenger vehicles while every other mfr. only offered them in trucks or very niche products. If you don’t like the rules that “uncle” makes you play by go lobby congress Mr. Peters. Instead VW cheated, on purpose, and while I wasn’t personally hurt they deserve to be made an example of. They aren’t the only ones out there that deserve a comeuppance and far from the only industry…but I for one cheer that someone is paying a price for breaking the law.

BTW, VeeDubs are terrible cars with shit reliability and how many of those sales would’ve gone to better mfr’s had they been able to drop a diesel into their lineup so easily? Honda and Toyota offer them globally and only a blind person wouldn’t know that they sell a shit lot better in N. America than Hitler’s “peoples car.”

I also would love to challenge Mr. Peters assertion that diesel is more efficient that gasoline. They are not apples to apples as diesel has more energy density than gasoline. The most efficient vehicle out there is a gasoline hybrid electric…and that’s by a country mile. The Prius may be a snoozer to drive but you cannot argue the efficiency….and gasoline has few to none industrial/agriculture uses so it’s there for us to burn up on wasteful trips to the mini mart for more junk food and light beer. Hoo-rah!

Jim
Jim
December 4, 2017 10:55 pm

I hear a bunch of b.s. about “he broke the law…..he broke the law”. VW worked a way around a law designed to fleece car manufacturers on the global warming altar. Flawed science being used to create volumes of ridiculous regulations empowering a legion of useless bureacrats who suck at the government tittie in the name of protecting us from a co2 boogeyman. Fuck em all.

ed
ed
December 5, 2017 10:14 am

All the diesel emissions crap has been removed and tricked out from my pickup. It runs better and gets 5MPG better and you never have to worry about the truck shutting off because some emissions sensor craps out. The Govt has screwed up the auto business for a long time. Fortunately there are clever folks who have developed workarounds to dumb laws. The VW diesel cars were 53 MPG cars before all the stupid emissions crap was mandated on them.

ChrisNJ
ChrisNJ
December 5, 2017 12:09 pm

Cars, most products, take many years to develop. My guess is, VW started developing these engines, our EPA (and/or our crony capitalist manuf.) knew it was going to change the game (hurt our manuf.), so they just changed the ‘law’ so they couldn’t meet it. So VW says wholly crap, those assholes, now what are we going to do with our millions in investment.
And my other guess, is our EPA knew they had to be cheating and held on to it for a while to inflict the most damage.
Again, just speculation. If someone knew all the timelines of the emission standards, you could piece it together pretty easily.

c1ue
c1ue
December 5, 2017 1:26 pm

The usual warring camps:
The one that says: laws are bad, therefore VW and Schmidt are being prosecuted unfairly. Uh, prosecution by definition requires laws to enforce. Sorry, but your agenda is showing.
The other that says: VW broke the law. You may hate the law, but it is still the law.
I’m ok with that one.