No Comment — December 6, 2008, 1:56 pm

Siegelman Appeal Argued this Week

In 1798, the Federalists decided to silence an outspoken Democratic Congressman, Matthew Lyon, by prosecuting and imprisoning him. But the effort backfired. Lyon was reelected from prison, and in 1800 he cast from his prison cell the decisive vote ending the rule of the Federalists and starting the first administration of the Democratic Party, under Thomas Jefferson. The Federalist’s grip on power was shattered and they soon disappeared from the political scene altogether. The Lyon prosecution was viewed by American historians as the most outrageous political prosecution in the nation’s history… until the Bush Justice Department’s prosecution of former Alabama Governor Don E. Siegelman, that is.

On December 9, Siegelman argues his case to the Court of Appeals in Atlanta, before a panel consisting of three judges, each appointed by a Republican president and two with solid G.O.P. partisan credentials to boot. As the hearing date approaches, the Department of Justice has filed papers in which it advises the court that, bowing to public skepticism over its conduct and Congressional demands, it has reopened an inquiry into jury misconduct in connection with the case. Previously the Department brushed away its own internal documentation of the misconduct, essentially saying that it chose to believe its chief prosecutor, Louis Franklin, and not the records and testimonial evidence of his own staff which directly contradicted him. The Justice Department has thus maneuvered the appeals court into an extremely awkward position. How do they proceed to deal with an appeal focusing on allegations of jury misconduct when the Justice Department admits that it improperly withheld vital evidence of the misconduct, and is still, as the hearing date approaches, trying to form its own view as to whether misconduct which would mandate dismissal of the case occurred? One possible outcome would be for the judges to remand the matter for a proper investigation, which to be credible could only occur under judicial supervision. But then they would face another dilemma: the district court judge who would receive the remand is himself at the heart of the accusations of misconduct.

For those who want to track the Siegelman case on appeal, David Fiderer at the Huffington Post offers a detailed review. He starts, appropriately enough, with the prosecution’s credibility problems, most recently challenged from inside the prosecution team itself. The head prosecutor has now been trapped in so many falsehoods that Justice has swiftly moved him into the background on appeal. Fiderer gives us a good taste of the credibility issues in his opening paragraphs:

Prosecutor Louis Franklin did an about face. On August 22, 2007, when he was recommending a reduced sentence for his star witness, Franklin said that Don Siegelman would not have been convicted without the testimony of Nick Bailey. Five months later, after Bailey spoke to 60 Minutes, Franklin trashed him. Bailey, a crook who testified as part of a plea deal, told CBS News that he was coached by the prosecution, in 70 separate pretrial meetings, to tailor his story for the witness stand. Franklin denies that such coaching took place. But a number of other people have impugned Franklin’s veracity.

Arthur Leach, a 19-year veteran of the Justice Department, called Louis Franklin a liar. Leach, the lawyer who represented codefendant Richard Scrushy, told Congress that Franklin lied to him about the status of the indictments during preliminary negotiations. Leach also recounted Franklin’s offer, that Scrushy could avoid indictment if he testified that Siegelman solicited a bribe. Leach told Franklin that his client was not willing to lie.

Siegelman is supported in the appeals process by an army of attorneys general, both Democratic and Republican, from across the United States who scoff at the Justice Department’s arguments and challenge the ethics of the prosecution. The Justice Department argues in response that the appeals court should uphold what happened below without looking under the covers. Fiderer presents a good summary of the appeals case. Now all eyes turn to the three Republican judges in Atlanta. Will the political manipulation of this case end? We’ll know soon enough. But if they hand Siegelman a victory, no one will be able to say it was Democrats riding to his rescue.

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

November 2014

Stop Hillary!

= Subscribers only.
Sign in here.
Subscribe here.

How the Islamic State was Won

= Subscribers only.
Sign in here.
Subscribe here.

Cage Wars

= Subscribers only.
Sign in here.
Subscribe here.

Everyday Grace

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Stop Hillary!·

= Subscribers only.
Sign in here.
Subscribe here.

"What Hillary will deliver, then, is more of the same. And that shouldn’t surprise us."
Photograph by Joe Raedle
Article
Cage Wars·

= Subscribers only.
Sign in here.
Subscribe here.

"In the 1970s, “Chickens’ Lib” was a handful of women in flower-print dresses holding signs, but in the past decade farm hens have become almost a national preoccupation."
Photograph by Adam Dickerson/Big Dutchman USA, courtesy Vande Bunte Farms
Article
Paradise Lost·

= Subscribers only.
Sign in here.
Subscribe here.

"Suffering Sappho! Here we still are, marching right into yet another century with our glass ceilings, unequal pay, unresolved work and child-care balance, and still marrying, forever marrying, men."
Illustration by Anthony Lister
Article
Off the Land·

= Subscribers only.
Sign in here.
Subscribe here.

"Nearly half the reservation lives below the poverty line, with unemployment as high as 60 percent, little to no infrastructure, few entitlements, a safety net that never was, no industry to speak of, and a housing crisis that has been dire not for five years but since the reservation’s founding in 1855."
Illustration by Stan Fellows
Post
Introducing the November 2014 Issue·

= Subscribers only.
Sign in here.
Subscribe here.

Doug Henwood on stopping Hillary Clinton, fighters and potential recruits discuss the rise of the Islamic State, the inevitability of factory farming, and more

Cover photo by Reuters/Jonathan Ernst

Number of countries thought to possess chemical weapons:

14–16

Placebos are more effective if the drugs for which they stand in are said to be more expensive.

In Torrance, California, an African grey parrot named Nigel, who once spoke English with a British accent and had returned home after a four-year absence, began asking for someone named “Larry” and speaking Spanish.

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

HARPER’S FINEST

In Praise of Idleness

By

I hope that after reading the following pages the leaders of the Y. M. C. A. will start a campaign to induce good young men to do nothing. If so, I shall not have lived in vain.

Subscribe Today