No Comment — June 5, 2009, 10:04 am

Rebel Yell II: Will Georgia’s Charles Walker Get a New Trial?

Dramatic developments in Georgia, as federal judge Dudley Bowen, who presided over the trial and sentencing of former Georgia senate leader Charles Walker, acknowledged that he never should have been involved with the case because his “impartiality might reasonably have been questioned.” The announcement instantly triggered demands for a new trial. The recusal thickens the cloud of impropriety surrounding the prosecution. It was initiated by a U.S. attorney who was removed after an internal Justice Department study concluded his conduct was politically motivated and inappropriate. I profiled the Walker case in October 2007 in “The Justice Department Raises a Rebel Yell: The Strange Prosecution of Charles Walker.”

In 1996, Charles Walker, a Georgia publisher and entrepreneur, became the first black American to be chosen as a Senate majority leader in the country. He achieved that in Georgia. And he quickly used his new position to advance some causes that were unpopular with whites in general and with the state’s Neoconfederate Republicans in particular. He pressed an initiative to drop the Confederate battle flag from the state flag of Georgia. Segregationists had adopted the Confederate banner as the state flag in 1956, as an act of defiance in the face of a growing civil rights movement. Walker’s effort succeeded, but it unleashed a tidal wave of resentment that Republicans rode to electoral success in Georgia. And it may have had personal consequences for Walker.

George W. Bush took charge in Washington in 2001, and new U.S. attorneys were appointed in Georgia. Walker suddenly discovered that he was the target of a no-holds-barred criminal investigation—an investigation launched in search of a crime. The U.S. attorney in question was the subject of a Justice Department investigation that found he opened criminal cases which appeared to advance the interests of a Republican candidate who happened to be his friend. The U.S. attorney in question was forced to resign his position, but did so after promising senior figures in the Georgia G.O.P. that the effort to get Walker would proceed just the same. And in fact it did. The case contained 142 counts, arguing that Walker engaged in fraud and corrupt dealings. The counts were for the most part an extreme stretch: at the heart of the government’s case was a claim that Walker defrauded advertisers in his publication by overstating its subscription base, a not exactly earth-shattering practice. But highly abusive practices identified by the Department’s own internal probe—reiterating corruption claims and widely fanning them in the press—drove the case to a dubious conviction.

The trial judge in the case was Dudley Bowen, who had close ties to the Augusta newspaper that was Walker’s principal competitor. Bowen turned out to be a perfect judge–from the prosecution’s perspective. He ruled against Walker on each of his 25 pre-trial motions, and directed that the jury be drawn from an overwhelmingly white pool.

Even in upholding Walker’s conviction, the Eleventh Circuit went out of its way to say it was “disturbed” by the district court’s handling of the case.

Walker is now pursuing a habeas corpus petition. In a preliminary motion, he argued that Judge Bowen needed to remove himself from the case. Bowen, he argued, knew that Walker had actively opposed his appointment to the federal bench over thirty years ago based on his membership in whites-only clubs, and should have recused himself. In a May 18 order, Bowen acknowledged that he should never have handled the case. He stepped aside.

The conviction of Charles Walker stands, but with the prosecutor who brought the case removed for political shenanigans and the federal judge who presided over it now out because of an open appearance of bias, the conviction looks increasingly unsupportable. The appropriate step at this point is not a new trial. It would be for Eric Holder to intervene as he did in the Stevens case and insist on the dismissal of the conviction in the interests of justice.

Share
Single Page

More from Scott Horton:

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

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

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

United States Canada

CATEGORIES

THE CURRENT ISSUE

June 2016

Trump’s People

= Subscribers only.
Sign in here.
Subscribe here.

The Old Man

= Subscribers only.
Sign in here.
Subscribe here.

The Long Rescue

= Subscribers only.
Sign in here.
Subscribe here.

New Television

= Subscribers only.
Sign in here.
Subscribe here.

The Improbability Party

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Post
Helen Ouyang on the cost of crowd-sourcing drugs, Paul Wood on Trump's supporters, Walter Kirn on political predictions, Sonia Faleiro on a man's search for his kidnapped children, and Rivka Galchen on The People v. O. J. Simpson.

The new docudrama The People v. O. J. Simpson: American Crime Story (FX) isn’t really about Orenthal James Simpson. It’s about the trials that ran alongside his — those informal, unboundaried, court-of-public-opinion trials in which evidence was heard for and against the murder victims, the defense and the prosecution, the judge, the jury, and the Los Angeles Police Department, to say nothing of white and black America. History has freed us from suspense about Simpson’s verdict, so that the man himself (played here by Cuba Gooding Jr.) is less the tragic hero he seemed in the mid-Nineties than a curiously minor character. He comes to the center of our attention only once, in Episode 2, at the end of the lengthy Ford Bronco chase scene — which in real life was followed by a surreal cavalcade of police cars and media helicopters, as well as an estimated 95 million live viewers — when Simpson repeatedly, and with apparent sincerity, apologizes for taking up so much of so many people’s time. It is an uncannily ordinary moment of social decorum, a sort of could-you-please-pass-the-salt gesture on a sinking Titanic, in which Simpson briefly becomes more than just an archetype.

Photograph (detail) © Eve Arnold/Magnum Photos
Article
Trump’s People·

= Subscribers only.
Sign in here.
Subscribe here.

"All our friends are saying, load up with plenty of ammunition, because after the stores don’t have no food they’re gonna be hitting houses. They’re going to take over America, put their flag on the Capitol.” “Who?” I asked. “ISIS. Oh yeah.”
Photograph by Mark Abramson for Harper's Magazine (detail)
Article
The Long Rescue·

= Subscribers only.
Sign in here.
Subscribe here.

He made them groom and feed the half-dozen horses used to transport the raw bricks to the furnace. Like the horses, the children were beaten with whips.
Photograph (detail) © Narendra Shrestha/EPA/Newscom
Article
The Old Man·

= Subscribers only.
Sign in here.
Subscribe here.

The new docudrama The People v. O. J. Simpson: American Crime Story (FX) isn’t really about Orenthal James Simpson. It’s about the trials that ran alongside his — those informal, unboundaried, court-of-public-opinion trials in which evidence was heard for and against the murder victims, the defense and the prosecution, the judge, the jury, and the Los Angeles Police Department, to say nothing of white and black America. History has freed us from suspense about Simpson’s verdict, so that the man himself (played here by Cuba Gooding Jr.) is less the tragic hero he seemed in the mid-Nineties than a curiously minor character. He comes to the center of our attention only once, in Episode 2, at the end of the lengthy Ford Bronco chase scene — which in real life was followed by a surreal cavalcade of police cars and media helicopters, as well as an estimated 95 million live viewers — when Simpson repeatedly, and with apparent sincerity, apologizes for taking up so much of so many people’s time. It is an uncannily ordinary moment of social decorum, a sort of could-you-please-pass-the-salt gesture on a sinking Titanic, in which Simpson briefly becomes more than just an archetype.

Illustration (detail) by Jen Renninger
Article
New Television·

= Subscribers only.
Sign in here.
Subscribe here.

With its lens shifting from the courtroom to the newsroom to people’s back yards, the series evokes the way in which, for a brief, delusory moment, the O. J. verdict seemed to deliver justice for all black men.
Still from The People vs. OJ Simpson: American Crime Story © FX Networks

Amount an auditor estimated last year that Oregon could save each year by feeding prisoners less food:

$62,000

Kentucky is the saddest state.

An Italian economist was questioned on suspicion of terrorism after a fellow passenger on an American Airlines flight witnessed him writing differential equations on a pad of paper.

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

HARPER’S FINEST

Mississippi Drift

By

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.'

Subscribe Today