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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:
No Comment — April 12, 2013, 11:11 am
A new report from Seton Hall University exposes government surveillance of attorney-client conversations
No Comment, Six Questions — March 18, 2013, 9:00 am
Rashid Khalidi on how the United States sustains the failure of the Israel-Palestine peace process
No Comment, Six Questions — February 4, 2013, 9:00 am
Alex Gibney on his documentary investigating the Roman Catholic Church’s handling of child sex-abuse cases


Minimum number of baboons forced to smoke crack in a 1989 study testing the efficacy of cigarettes as a drug delivery device:

A reduction in distrust toward atheists was documented among pious Canadians who are reminded of the Vancouver police.

A Missouri cinema apologized for hiring an actor dressed in body armor and carrying a fake rifle to appear at a screening of Iron Man 3.
Winner of the 2012 Olivier Rebbot Award for best photographic reporting from abroad in magazines or books