No Comment — November 2, 2007, 12:12 am

Prosecutorial Obstruction of Justice in the Siegelman Case

A retired senior Justice Department career prosecutor writes that, with the disclosure that the two most senior career prosecutors on the Siegelman case believed there was no basis to bring criminal charges against the former Alabama governor, the riddle surrounding Leura Canary’s decision to withhold roughly 600 pages of documents relating to the case from Congressional scrutiny comes a bit closer to solution. “Franklin would have been required to put together a pros[ecution] memo justifying why he thought a case could be made. At best this case was extremely weak and invited the appearance of selective prosecution, since it focused on a practice that is absolutely ubiquitous in the political world—appointing major donors to honorary positions—and is rarely if ever prosecuted. And in the Siegelman case, there was the added obstacle that there is really no basis to say that Siegelman secured any personal gain from the donation, which is usually the evil we’re going after.”

“In this case, the two most experienced career prosecutors on the case thought there was no basis. You can bet that the professional staff at the Organized Crime and Racketeering Section put a lot of hostile questions to Franklin, and some of them recorded in emails. If they failed to do that, they wouldn’t have been doing their job. And all of this would provide first-hand evidence that the decision was politically dictated and against the advice of the professional staff, which is almost certainly the case.”

Just think about the history of the responses out of Montgomery. Every week or so another one of their claims has fallen as a rank falsehood. And in the face of these disclosures, they become only more adamant about refusing to turn over the documents at the heart of the case. To make an obvious point, they wouldn’t do this if the documents backed them up. You can count on it that they’d be spouting forth documents before the Judiciary Committee. But that certainly isn’t so. There are some things that the prosecutors on the case are desperate to keep covered up.

My correspondent also asks: “Why isn’t the conduct of the Montgomery U.S. Attorney’s Office obstruction of justice? It sure looks like it. Congress has constitutional responsibility to provide oversight of their doings. The claim that prosecutors are immune from oversight and scrutiny is arrogant. It demonstrates a contemptuous attitude toward Congress.” He cites to 18 U.S.C. sec. 1512, suggests that Congress muster some backbone in their query, and start the process of holding Franklin, Canary, and the others involved in this abuse to account for their obstruction of the pending probe. Sounds like good advice for Representative Conyers and his colleagues, from a career Justice Department man eager to see the process of a clean-up underway.

Share
Single Page

More from Scott Horton:

Conversation August 5, 2016, 12:08 pm

Lincoln’s Party

Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln

Conversation March 30, 2016, 3:44 pm

Burn Pits

Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

May 2017

Facing the Furies

= Subscribers only.
Sign in here.
Subscribe here.

The New Climate

= Subscribers only.
Sign in here.
Subscribe here.

A Dream Preferred

= Subscribers only.
Sign in here.
Subscribe here.

Snowden’s Box

= Subscribers only.
Sign in here.
Subscribe here.

American Duce

= Subscribers only.
Sign in here.
Subscribe here.

A Prayer’s Chance

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Snowden’s Box·

= Subscribers only.
Sign in here.
Subscribe here.

Mrs. B’s Baby Village Day Care was on a frontage road between a mattress wholesaler and a knife outlet. There were six or so babies as regulars and another one or two on weekends when their parents were passing through looking for work. They wouldn’t find work, of course, all the security positions were full, the timber and ore had all been taken under the active-stewardship program, and the closest new start-up industry was the geothermal field hundreds of miles away. Mrs. B didn’t even bother to write those babies’ names down in her book. It was fifteen dollars a day and they had to be in reasonable health. Even so the occasional mischievous illness would arise and empty the place out.

Illustration (detail) by Taylor Callery
Post
The Forty-Fifth President·

= Subscribers only.
Sign in here.
Subscribe here.

Mrs. B’s Baby Village Day Care was on a frontage road between a mattress wholesaler and a knife outlet. There were six or so babies as regulars and another one or two on weekends when their parents were passing through looking for work. They wouldn’t find work, of course, all the security positions were full, the timber and ore had all been taken under the active-stewardship program, and the closest new start-up industry was the geothermal field hundreds of miles away. Mrs. B didn’t even bother to write those babies’ names down in her book. It was fifteen dollars a day and they had to be in reasonable health. Even so the occasional mischievous illness would arise and empty the place out.

Photograph (detail) by Philip Montgomery
Article
A Prayer’s Chance·

= Subscribers only.
Sign in here.
Subscribe here.

Mrs. B’s Baby Village Day Care was on a frontage road between a mattress wholesaler and a knife outlet. There were six or so babies as regulars and another one or two on weekends when their parents were passing through looking for work. They wouldn’t find work, of course, all the security positions were full, the timber and ore had all been taken under the active-stewardship program, and the closest new start-up industry was the geothermal field hundreds of miles away. Mrs. B didn’t even bother to write those babies’ names down in her book. It was fifteen dollars a day and they had to be in reasonable health. Even so the occasional mischievous illness would arise and empty the place out.

Photograph (detail) by Robin Hammond/NOOR
Article
Bee-Brained·

= Subscribers only.
Sign in here.
Subscribe here.

Mrs. B’s Baby Village Day Care was on a frontage road between a mattress wholesaler and a knife outlet. There were six or so babies as regulars and another one or two on weekends when their parents were passing through looking for work. They wouldn’t find work, of course, all the security positions were full, the timber and ore had all been taken under the active-stewardship program, and the closest new start-up industry was the geothermal field hundreds of miles away. Mrs. B didn’t even bother to write those babies’ names down in her book. It was fifteen dollars a day and they had to be in reasonable health. Even so the occasional mischievous illness would arise and empty the place out.

Illustration (detail) by Eda Akaltun. Source photograph of Jairam Hathwar at the 2016 Scripps National Spelling Bee © Pete Marovich/UPI/Newscom
Article
My First Car·

= Subscribers only.
Sign in here.
Subscribe here.

Mrs. B’s Baby Village Day Care was on a frontage road between a mattress wholesaler and a knife outlet. There were six or so babies as regulars and another one or two on weekends when their parents were passing through looking for work. They wouldn’t find work, of course, all the security positions were full, the timber and ore had all been taken under the active-stewardship program, and the closest new start-up industry was the geothermal field hundreds of miles away. Mrs. B didn’t even bother to write those babies’ names down in her book. It was fifteen dollars a day and they had to be in reasonable health. Even so the occasional mischievous illness would arise and empty the place out.

Illustration by Katherine Streeter

Number of U.S. major-league baseball players this year who are natives of the Dominican Republic:

79

A psychopharmacologist named David Nutt declared that there was no good reason why scientists couldn’t come up with a cocktail of drugs that mimics all the pleasurable effects of alcohol without any of the negative side effects.

Three bodies were tossed from a low-flying plane in the Sinaloa state of Mexico.

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

HARPER’S FINEST

Who Goes Nazi?

= Subscribers only.
Sign in here.
Subscribe here.

By

"It is an interesting and somewhat macabre parlor game to play at a large gathering of one’s acquaintances: to speculate who in a showdown would go Nazi. By now, I think I know. I have gone through the experience many times—in Germany, in Austria, and in France. I have come to know the types: the born Nazis, the Nazis whom democracy itself has created, the certain-to-be fellow-travelers. And I also know those who never, under any conceivable circumstances, would become Nazis."

Subscribe Today