No Comment — June 29, 2010, 12:09 pm

Siegelman Conviction Vacated by Supreme Court

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.

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

December 2014

Poison Apples

= Subscribers only.
Sign in here.
Subscribe here.

Growing Up

= Subscribers only.
Sign in here.
Subscribe here.

Gateway to Freedom

= Subscribers only.
Sign in here.
Subscribe here.

Guns and Poses

= Subscribers only.
Sign in here.
Subscribe here.

Christmas in Prison

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Beeper World·

= Subscribers only.
Sign in here.
Subscribe here.

“The beeper, for a certain kind of Miami teenager in the Nineties, was an essential evolutionary adaptation.”
Photograph by Curran Hatleberg
Article
Hammer Island·

= Subscribers only.
Sign in here.
Subscribe here.

“The place could have sprung from someone’s jealous dream about white people.”
Photograph by Emily Stein
Article
Growing Up·

= Subscribers only.
Sign in here.
Subscribe here.

“The best coming-of-age stories have a hole in the middle. They pretend to be about knowledge, but they are usually about grasping, long after it could be of any use, one’s irretrievable ignorance.”
Photograph by Ben Pier
Article
Guns and Poses·

= Subscribers only.
Sign in here.
Subscribe here.

“‘It’s open shopping,’ he said. ‘A warehouse. The whole of Libya.’”
Map by Mike Reagan
Article
Christmas in Prison·

= Subscribers only.
Sign in here.
Subscribe here.

“Just so you motherfuckers know, I’ll be spending Christmas with my family, eating a good meal, and you’ll all be here, right where you belong.”
Photographer unknown. Artwork courtesy Alyse Emdur

Amount that President Obama has added to America’s “brand value” according to the Nation Brands Index:

$2,100,000,000,000

A study suggested that the health effects of exposure to nuclear radiation at Chernobyl were no worse than ill health resulting from smoking and normal urban air pollution.

A Utah woman named Cameo Crispi pleaded guilty to having drunkenly attempted to burn down her ex-boyfriend’s house by igniting bacon on his kitchen stove.

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