SIGN IN to access Harper’s Magazine
1. Sign in to Customer Care using your account number or postal address.
2. Select Email/Password Information.
3. Enter your new information and click on Save My Changes.
Subscribers can find additional help here. Not a subscriber? Subscribe today!
Two reporters worked from opposite ends of Alabama to whip up stories in a successful effort to take down former Governor Siegelman and to legitimize a highly political prosecution. In fact, they’re good friends and former colleagues, and their strategy was apparently that the same story line emanating from two different papers makes for a convincing truth. I believe their work will one day provide a journalism school case study in journalistic hit jobs. Ultimate responsibility for this tragedy must, however, rest with the editors who approved and funded this exercise in journalistic terrorism. It’s on the whole a good thing to have zealous reporters eager to pursue a story. Editors are supposed to pull them in and force balance and perspective.
And today, with the House Judiciary Committee closing in on evidence of abusive prosecution and political manipulation, the Birmingham News continues its overdrive effort in damage control mixed with slash and burn journalism. As we will be showing in detail soon–based on accounts furnished by former Justice Department attorneys–the case against Governor Siegelman was launched by Alabama Attorney General Bill Pryor in connivance with political swashbucklers at the Department of Justice and the president’s political brain trust in the White House. When the first effort, launched in the Northern District, wound up in the hands of Judge U.W. Clemon, and he started asking penetrating questions that ultimately exposed the absence of a prima facie case, the connivers quickly launched a back-up in the Middle District of Alabama.
It was understood from the outset that the entire enterprise was designed to take out Siegelman, using whatever tactics and tools that could be assembled, and that the steering wheel was going to he held by politicos in Washington. Bringing the second case in the Middle District as a back-up is known as judicial forum shopping, and it’s a very serious form of prosecutorial misconduct. The prosecutors felt comfortable that they’d get the judge they wanted. Strangely, they even seemed to know exactly who it would be. That Clemon fellow asked unnerving questions and was very close to exposing what was actually up. Can’t have that.
But of course, the Birmingham News accounts are almost entirely derivative of the prosecutors. The similarity between the articles published and the work product of the prosecutors would count as very strong evidence of yet another badge of prosecutorial misconduct, potentially even more serious than forum shopping, namely waging prosecution through friendly newspapers. Rules of prosecutorial ethics absolutely forbid this for obvious reasons. They also require that grand jury materials be kept secret. In this case, however, they found a curious way of being published over and again in two newspapers, which never had a critical word to utter about the prosecution. In other courts around the country, this would trigger an judicial inquiry into the conduct of prosecutors. In Alabama, however, federal judges who ask too many questions of prosecutors get rebuked and put back in their place. They’ve apparently forgotten their role in the dispensing of the king’s justice.
But the role of the newspapers in this travesty is very important. It created a public atmosphere in which people (and particularly potential jurors) would readily accept that the political targets were “corrupt.” These days people are ready to believe that about any political figure, especially if he is faced by a fire-breathing prosecutor who has the local press disseminating his propaganda under their own banner headlines.
Clemon’s suspicions are and were right on target, and the evidence for them is now mounting dramatically. Of course, don’t expect to read a single word of that in the Birmingham News, because it is committed to publishing no news except the GOP machine’s news.
So what do we see in the News today? Attacks on Judge Clemon, who is accused of being partisan. (See, if you object to the politicization of the prosecution process, there is only one possible explanation–you are a partisan person who does not appreciate the perfect justice dispensed by Alabama’s GOP machine. It’s absolute and inescapable logic. Why, it’s even news).
Which brings us to the slogan I am proposing for this beacon of partisan truth: “There’s no news in the B’ham News.”
More from Scott Horton:
Six Questions — October 18, 2014, 8:00 pm
Nathaniel Raymond on CIA interrogation techniques.
Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp
From the June 2014 issue
For the past three years my dosimeter had sat silently on a narrow shelf just inside the door of a house in Tokyo, upticking its final digit every twenty-four hours by one or two, the increase never failing — for radiation is the ruthless companion of time. Wherever we are, radiation finds and damages us, at best imperceptibly. During those three years, my American neighbors had lost sight of the accident at Fukushima. In March 2011, a tsunami had killed hundreds, or thousands; yes, they remembered that. Several also recollected the earthquake that caused it, but as for the hydrogen explosion and containment breach at Nuclear Plant No. 1, that must have been fixed by now — for its effluents no longer shone forth from our national news. Meanwhile, my dosimeter increased its figure, one or two digits per day, more or less as it would have in San Francisco — well, a trifle more, actually. And in Tokyo, as in San Francisco, people went about their business, except on Friday nights, when the stretch between the Kasumigaseki and Kokkai-Gijido-mae subway stations — half a dozen blocks of sidewalk, which commenced at an antinuclear tent that had already been on this spot for more than 900 days and ended at the prime minister’s lair — became a dim and feeble carnival of pamphleteers and Fukushima refugees peddling handicrafts.
One Friday evening, the refugees’ half of the sidewalk was demarcated by police barriers, and a line of officers slouched at ease in the street, some with yellow bullhorns hanging from their necks. At the very end of the street, where the National Diet glowed white and strange behind other buildings, a policeman set up a microphone, then deployed a small video camera in the direction of the muscular young people in drums against fascists jackets who now, at six-thirty sharp, began chanting: “We don’t need nuclear energy! Stop nuclear power plants! Stop them, stop them, stop them! No restart! No restart!” The police assumed a stiffer stance; the drumming and chanting were almost uncomfortably loud. Commuters hurried past along the open space between the police and the protesters, staring straight ahead, covering their ears. Finally, a fellow in a shabby sweater appeared, and murmured along with the chants as he rounded the corner. He was the only one who seemed to sympathize; few others reacted at all.
Number of U.S. congressional districts in which trade with China has produced more jobs than it has cost:
Young bilingual children who learned one language first are likelier than monolingual children and bilingual children who learned languages simultaneously to say that a dog adopted by owls will hoot.
An Oklahoma legislative committee voted to defund Advanced Placement U.S. History courses, accusing the curriculum of portraying the United States as “a nation of oppressors and exploiters.”
Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!
“He could be one of a million beach-bound, black-socked Florida retirees, not the man who, by some odd happenstance of life, possesses the brain of Albert Einstein — literally cut it out of the dead scientist's head.”