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The Supreme Court has just handed down an order vacating the conviction of former Alabama Governor Don E. Siegelman for honest-services fraud and referring the case for review by the Eleventh Circuit in light of its ruling in Skilling v. United States. (PDF) This decision does not necessarily mark the end of Siegelman’s ordeal. The Supreme Court split on the constitutionality of the honest-services fraud statute under which Siegelman was convicted, on evidence subsequently revealed to have been improperly coerced. Three justices felt the entire statute was unconstitutional and should fall. The remaining six attempted to salvage something from it but also expressed concern about the way the Justice Department was interpreting and applying the statute, and insisted that it be considerably narrowed. With this decision, the ball is back in the Justice Department’s court. It should take full measure of the Skilling decision and abandon the case against Siegelman, which is probably the single most abusive use of the honest-services fraud statute yet—surely more abusive than that of the Skilling case itself. But we’re dealing with a Justice Department that never admits a lapse in judgment, much less abuse of prosecutorial discretion—both of which were in ready supply in this highest profile political prosecution in recent American history. So it will be up to the Eleventh Circuit to apply the Skilling ruling, and then perhaps the case will make a return trip to the High Court if it reinstates any aspect of the Siegelman conviction.
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 duration of a Japanese prime minister’s tenure since August 1993, in months:
Brain shrinkage has no effect on cognition.
An Indianapolis fertility doctor was accused of using his own sperm to artificially inseminate patients, and a Delaware man pleaded guilty to fatally stabbing his former psychiatrist.
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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.'”