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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:
Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp
From the June 2014 issue
No Comment — March 28, 2014, 12:32 pm
On CIA secrecy, torture, and war-making powers
Percentage of G.O.P. House and Senate members in an April 2006 poll who believed humans are causing climate change:
Bees can remember human faces, but only if they are tricked into thinking that we are strange flowers.
“All I saw,” said a 12-year-old neighbor of visits to the man’s house, “was just cats in little diapers.”
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“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.”