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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.
More from Scott Horton:
Conversation — March 30, 2016, 3:44 pm
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.
In Havana, the past year has been marked by a parade of bold-faced names from the north — John Kerry reopening the United States Embassy; Andrew Cuomo bringing a delegation of American business leaders; celebrities ranging from Joe Torre, traveling on behalf of Major League Baseball to oversee an exhibition game between the Tampa Bay Rays and the Cuban national team, to Jimmy Buffett, said to be considering opening one of his Margaritaville restaurants there. All this culminated with a three-day trip in March by Barack Obama, the first American president to visit Cuba since Calvin Coolidge in 1928. But to those who know the city well, perhaps nothing said as much about the transformation of political relations between the United States and Cuba that began in December 2014 as a concert in the Tribuna Antiimperialista.
Amount traders on the Philadelphia Stock Exchange can be fined for fighting, per punch:
Philadelphian teenagers who want to lose weight also tend to drink too much soda, whereas Bostonian teenagers who drink too much soda are likelier to carry guns.
Nuremberg’s Neues Museum filed a criminal complaint against a 91-year-old woman who completed a crossword puzzle that was in fact a $116,000 piece of avant-garde Danish art.
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“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”