No Comment — June 4, 2008, 4:24 pm

Siegelman Prosecution Continues to Unravel

Former Alabama Governor Don Siegelman finds himself in a curious position. He was tried, convicted and sentenced on corruption charges brought by a U.S. Attorney whose husband happened to be advising Siegelman’s political opponent. In the meantime, spectacular public charges leveled by Republicans against figures in their own party have turned the tables on the prosecutors, who are now increasingly fighting a rear-guard action attempting to save their careers. Under intense Congressional pressure, the Justice Department acknowledges that its Office of Professional Responsibility has started multiple investigations into accusations of ethics lapses and illegal conduct leveled at the prosecutors and investigators they directed.

Evidence of the involvement of former senior Presidential Advisor Karl Rove continues to mount, and Rove’s denials become more strangely qualified as time progresses. Congress is demanding Rove’s testimony under subpoena and has rejected his efforts to weasel out of a public appearance under oath. At this point, Rove appears prepared to defy the Congressional subpoena and face imprisonment for contempt.

In Atlanta, the Court of Appeals, after issuing a series of increasingly irritated orders challenging the conduct of the trial judge, ordered Siegelman’s release from prison, remarking that his appeal had substantial prospects for success. This is particularly remarkable because the court ruled on the basis of the trial record itself, whereas the most dramatic evidence of misconduct and abuse was only unearthed after Siegelman went to prison. The disclosures link the prosecution team to illegal witness coaching and to the suppression of vital exculpatory evidence. Key roles were played in the process by CBS News’s 60 Minutes and MSNBC’s Dan Abrams.

In another clear sign of reversal, the Bush Justice Department’s prosecution team—itself now under investigation—has abandoned its own appeal of the Siegelman sentencing. The Associated Press reports:

Federal prosecutors are no longer seeking stiffer prison sentences for former Alabama Gov. Don Siegelman and former HealthSouth CEO Richard Scrushy.

The prosecutors do not offer any explanation for their forfeiture of the appeal.

Siegelman’s appeal on the merits is proceeding with historically unprecedented support. Fifty-four former attorneys general have submitted a brief amicus curiæ in the case calling for the conviction to be thrown out. Conventionally, amicus briefs argue some narrow issue of law in which the group submitting them has an interest. This brief is unusual in that it takes lethal aim at the essence of the Bush Justice Department’s case, lashing out against the good faith of the prosecution itself.

The attorneys general express their “strong conviction” that the prosecution of Siegelman was improper. “Completely absent from the trial record is any evidence that Governor Siegelman and Mr. Scrushy entered into an explicit agreement whereby Mr. Scrushy’s appointment to the Con board was conditioned upon Mr. Scrushy’s making the political contributions in question,” the attorneys general state. They also level serious charges at the trial judge, noting that his decision to up Siegelman’s punishment because Siegelman protested over the political influences at play in the case—charges now substantially vindicated—raised “serious first amendment issues.” It increasingly appears likely that Siegelman was rushed off to prison for telling the truth.

Share
Single Page

More from Scott Horton:

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

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

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

United States Canada

CATEGORIES

THE CURRENT ISSUE

June 2015

Loitering With Intent

= Subscribers only.
Sign in here.
Subscribe here.

A Polite Coup

= Subscribers only.
Sign in here.
Subscribe here.

Findings

What Went Wrong

= Subscribers only.
Sign in here.
Subscribe here.

Shooting Down Man the Hunter

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
What Went Wrong·

= Subscribers only.
Sign in here.
Subscribe here.

“In the seventh year of his presidency, Barack Obama was presenting himself as a politician who followed the path of least resistance. This is a disturbing confession.”
Photograph by Pete Souza
Article
Surviving a Failed Pregnancy·

= Subscribers only.
Sign in here.
Subscribe here.

“If this woman — who spent her days studying gray screens for early signs of gestation — could not see my pregnancy, what were the chances that anyone else would?”
Illustration by Leigh Wells
Article
Interesting Facts·

= Subscribers only.
Sign in here.
Subscribe here.

“My husband is forty-six. I am forty-five. He does not think that, in my forties, after cancer, chemotherapy, and chemically induced menopause, I can get pregnant again, but sisters, I know my womb. It’s proven.”
Photograph by McNair Evans
Post
Kid Chocolate’s Place·

= Subscribers only.
Sign in here.
Subscribe here.

“Cuban eyes often look close to tears.”
Illustration by the author
Article
Thirty Million Gallons Under the Sea·

= Subscribers only.
Sign in here.
Subscribe here.

“If you short-circuit the bottom, you threaten the entire cycle,” Joye told me. “Without a healthy ocean, we’ll all be dead.”
Illustration by John Ritter

Length in days of the sentence Russian blogger Alexei Navalny served for leading an opposition rally last year:

15

Israeli researchers developed software that evaluates the depression of bloggers.

A teenager in Singapore was convicted of obscenity for posts critical of Lee Kuan Yew, the country’s founding father, that included an image of Lee having sex with Margaret Thatcher.

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

HARPER’S FINEST

Subways Are for Sleeping

By

“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”

Subscribe Today