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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 — August 5, 2016, 12:08 pm
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
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.
Flor Arely Sánchez had been in bed with a fever and pains throughout her body for three days when a July thunderstorm broke over the mountainside. She got nervous when bolts of light flashed in the sky. Lightning strikes the San Julián region of western El Salvador several times a year, and her neighbors fear storms more than they fear the march of diseases — first dengue, then chikungunya, now Zika. Flor worried about a lot of things, since she was pregnant.
Late in the afternoon, when the pains had somewhat eased, Flor thought she might go to a dammed-up bit of the river near her house to bathe. She is thirty-five and has lived in the same place all her life, where wrinkled hills are planted with corn, beans, and fruit trees. She took a towel and soap and walked out into the rain. Halfway to the river, the pains returned and overcame her. The next thing Flor remembers, she was in a room she didn’t recognize, unable to move. As she soon discovered, she was in a hospital, her ankle cuffed to the bed, and she was being investigated for abortion.
Average amount the company paid each of its 140 top executives last year:
Between one fifth and one half of England’s leisure horses are obese.
Scientists in the Galápagos Islands credited an endangered giant tortoise named Diego with saving his species by fathering more than 800 offspring.
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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.'”