No Comment — August 6, 2007, 9:06 am

The Art of Political Prosecution

Today the editors of the nation’s leading newspaper look at the evidence, and dare to state the completely obvious:

One part of the Justice Department mess that requires more scrutiny is the growing evidence that the department may have singled out people for criminal prosecution to help Republicans win elections. The House Judiciary Committee has begun investigating several cases that raise serious questions. The panel should determine what role politics played in all of them.

Putting political opponents in jail is the sort of thing that happens in third-world dictatorships. In the United States, prosecutions are supposed to be scrupulously nonpartisan. This principle appears to have broken down in Alberto Gonzales’s Justice Department — where lawyers were improperly hired for nonpolitical jobs based on party membership, and United States attorneys were apparently fired for political reasons.

Individual Democrats may be paying a personal price. Don Siegelman, a former Alabama governor, was the state’s most prominent Democrat and had a decent chance of retaking the governorship from the Republican incumbent. He was aggressively prosecuted by both the Birmingham and Montgomery United States attorney’s offices. Birmingham prosecutors dropped their case after a judge harshly questioned it. When the Montgomery office prosecuted, a jury acquitted Mr. Siegelman of 25 counts, but convicted him of 7, which appear to be disturbingly weak.

The prosecution may have been a political hit. A Republican lawyer, Dana Jill Simpson, has said in a sworn statement that she heard Bill Canary, a Republican operative and a Karl Rove protégé, say that his “girls” — his wife, the United States attorney in Montgomery, and Alice Martin, the United States attorney in Birmingham — would “take care” of Mr. Siegelman. Mr. Canary also said, according to Ms. Simpson, that Mr. Rove was involved.

The Siegelman prosecution is at present the most obvious example of politically-motivated and -driven prosecution. The defense offered up by the Justice Department borders on hysterical absurdity. There are grounds for all Americans to be concerned, not just the people of Alabama. The political synchronization of the Justice Department is a step towards the creation of a tyrannical state. There were and continue to be persons of integrity in the Justice Department—James Comey strikes me as one, for instance—but they have been consistently circumvented and cuckolded by the political connivers who run the department, of which Fredo is the prime example.

Today, former Governor Don Siegelman is a political prisoner. It’s as simple as that. And the fact that he continues to sit in prison, even today as the true account of what was done begins to unfold, is evidence of how our institutions have been severely weakened by the Rovian onslaught. His case will continue on appeal as if it were an ordinary criminal case. But it is not one, and treating it as such is insulting.

There is another very worrisome fact. Siegelman is just one case. It’s looking increasingly obvious that there have been dozens of such corrupt prosecutions, and that a careful review needs to be made of the prosecutorial decision process in political cases. These cases need to be weeded out, and those who prostituted the Justice Department to political schemes need to be punished.

As the New York Times notes, the Bush Administration continues to engage in blatant acts of obstruction and delay to block Congress’s probe of the Siegelman case. This behavior should be observed carefully, for it provides more powerful evidence of the crime which has been committed through this prosecution. In the face of the forces of repression which masquerade as law enforcement, our resolve must be firm. Nothing is more important than justice. We must be unrelenting in our pursuit of it. And we must learn to hate those who abuse and undermine it, and doubly so when they cloak their misdeeds in the name of our institutions. We must have the courage to speak the truth and expose pitiful lies for what they are.

Share
Single Page

More from Scott Horton:

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

From the June 2014 issue

The Guantánamo “Suicides,” Revisited

A missing document suggests a possible CIA cover-up

Get access to 164 years of
Harper’s for only $39.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

March 2015

A Sage in Harlem

= Subscribers only.
Sign in here.
Subscribe here.

The Man Stopped

= Subscribers only.
Sign in here.
Subscribe here.

The Spy Who Fired Me

= Subscribers only.
Sign in here.
Subscribe here.

Giving Up the Ghost

= Subscribers only.
Sign in here.
Subscribe here.

Invisible and Insidious

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

[Browsings]
“The proof of his existence was this brain, and by attaching himself to it, and the power of it, he created a little bit of immortality for himself.”
Illustration by Lou Beach
Article
No Slant to the Sun·

= Subscribers only.
Sign in here.
Subscribe here.

“She didn’t speak the language, beyond “¿cuánto?” and “demasiado,” but that didn’t stop her. She wanted things. She wanted life, new experiences, a change in the routine.”
Photograph © Stuart Franklin/Magnum Photos
[Browsings]
Burn After Reading·

= Subscribers only.
Sign in here.
Subscribe here.

William Powell published The Anarchist Cookbook in 1971. He spent the next four decades fighting to take it out of print.
“The book has hovered like an awkward question on the rim of my consciousness for years.”
© JP Laffont/Sygma/Corbis
Article
The Spy Who Fired Me·

= Subscribers only.
Sign in here.
Subscribe here.

“In industry after industry, this data collection is part of an expensive, high-tech effort to squeeze every last drop of productivity from corporate workforces.”
Illustration by John Ritter
Article
Invisible and Insidious·

= Subscribers only.
Sign in here.
Subscribe here.

“Wherever we are, radiation finds and damages us, at best imperceptibly.”
Photograph © 2011 Massimo Mastrorillo and Donald Weber/VII

Percentage change since 1993 in the annual sales of vinyl records in the United States:

+2,590

When Pacific parrotlets fly within a truck, the truck becomes lighter, by an amount equal to the weight of the birds, as their wings rise. The truck becomes heavier, by twice the weight of the birds, on the downbeats.

Zakir Naik, an Indian television preacher who has repeatedly said that 9/11 was an “inside job” orchestrated by former U.S. president George W. Bush, was given the King Faisal international prize by Saudi Arabia for “service to Islam.”

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Driving Mr. Albert

By

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.

Subscribe Today