No Comment — October 16, 2007, 12:26 pm

2003 Affidavit Raises More Serious Questions About Siegelman Judge

I have received a copy of an affidavit (8.7Mb PDF) filed by a Missouri attorney in 2003 which details a number of charges of unethical and criminal conduct against Judge Mark Fuller. The attorney sought Fuller’s removal from a high-profile litigation which related to a prominent Republican who was close to both the current President Bush and his father.

The attorney, Paul Benton Weeks, had been involved as counsel for plaintiffs in a civil action called Murray v. Scott & Sevier, which had originally been filed in Kansas and was later transferred to Montgomery and assigned to Judge Fuller. Weeks, reached by telephone this morning, advised me that he did a routine background check to discover what kind of judge he was up before. “I was astonished by what I found,” Weeks said. Immediately after the papers were filed, Weeks said that Fuller was removed as the judge handling the case.

In the affidavit, Weeks accuses Fuller of engaging in criminal conduct both before and after he came on to the bench. The charges include perjury, criminal conspiracy, a criminal attempt to defraud the Retirement System of Alabama, misuse of office as a District Attorney, and an obstruction of his background check by the FBI in connection with the review of his appointment by President Bush to the bench. (I faxed a copy of the affidavit to Fuller’s office and also left a message asking for comment, but received no reply; if Fuller does reply I’ll update this post.)

Weeks’s allegations were transmitted to Noel Hillman, the head of the Public Integrity Section at the Department of Justice, among other recipients. Hillman’s office has responsibility to conduct investigations into allegations concerning wrongdoing by federal judges.

This means that at the time that Fuller was presiding over the prosecution of former Alabama Governor Don E. Siegelman, a prosecution brought by Noel Hillman’s Public Integrity Section, he was or should have been the subject of an investigation by the Public Integrity Section. This presents a further appearance of serious impropriety both by Judge Fuller and by the prosecutors handling the case. Our earlier study of Fuller showed that he had three disqualifying conflicts: his undisclosed service on the Executive Committee of the Alabama G.O.P. at the time that it was running campaigns against Siegelman; his suggestion that Siegelman was responsible for “politically motivated” attacks on him in connection with his bookkeeping practices as a district attorney; and his business interests which are tied up almost entirely with U.S. government contracts.

Weeks’s allegations are focused on Fuller’s conduct in connection with “salary spiking” involving two of his employees in the District Attorney’s office. Fuller’s testimony, which Weeks says was contradictory and which changed materially in the course of the matter, was disbelieved both by the RSA and by an Alabama court handling the matter. Weeks calls Fuller’s statements under oath perjured. In an interview today, Weeks noted that Fuller was an “absentee district attorney.” “Many of the people I interviewed in the district attorney’s office insisted that Fuller was simply never around. He was constantly out of the state, most often in Colorado, pursuing the business of DOSS Aviation, a company that Fuller controls.”

Weeks’s affidavit reflects interviews with Fuller’s successor in the district attorney’s office and with senior officials at the RSA, who confirm the allegations against Fuller. “Judge McAliley then said that he had met with RSA officials and that every member on the RSA board believed Mark Fuller had lied and that Fuller had lied under oath.

Weeks notes that after the affidavit was transmitted to the Justice Department, no individual from Noel Hillman’s group ever contacted him to follow up on any of the allegations or to request any of the documentation that was cited in the affidavit.

The full affidavit can be read here. (8.7Mb PDF) In the Siegelman trial the relationship between the prosecution and the judge always looked just a little too cosy, but the Weeks disclosures create an appearance of serious impropriety. The Siegelman case presents a bizarre spectacle: a political corruption prosecution which is itself profoundly corrupt. As time proceeds, the allegations against Siegelman appear more and more dubious, but the evidence of criminal wrongdoing by those who brought and handled the case is mounting.

Update: Prosecutorial Judge-Shopping
Several attorneys in Alabama have brought an important point to our attention. When the Siegelman case began it was in the Northern District, and after one recusal the case was assigned to Chief Judge U.W. Clemon. He challenged the prosecution’s basis for the case and required a prima facie showing, which the U.S. Attorney, Alice Martin, could not meet and thus wound up dismissing the case.

Martin (who now is under investigation for perjury) (Update, April 22, 2008: Harper’s was informed on April 17, 2008 that the perjury investigation against Alice Martin was concluded on November 28, 2007, with a finding by the Department of Justice Office of Professional Responsibility that Alice Martin “did not commit professional misconduct or exercise poor judgment.” More information on the OPR’s findings is available on this site.) then applied to the Eleventh Circuit to have Clemon removed from the surviving case. In her case, which had been brought with the involvement of Noel Hillman, then head of the Justice Department’s Public Integrity Section, Martin argued to the Court of Appeals that Clemon should be removed because he was prejudiced against the prosecution. The basis cited for this prejudice was that a California U.S. attorney had, a decade earlier, conducted an inquiry focusing on Judge Clemon’s sister. The Eleventh Circuit granted Martin’s petition and removed Clemon from the case. The facts surrounding the motion against Chief Judge Clemon were reported in the student newspaper of the University of Alabama, Crimson White, in an article entitled “Siegelman Indictment: The Rundown,” on September 27, 2004.

The Justice Department engaged in amazing and brazen judge-shopping in connection with the Siegelman case. After having the case dismissed in the Northern District, they proceeded in the Middle District, where they could get a new judge. In her Congressional testimony, Republican attorney Jill Simpson charges that senior G.O.P. operatives had hand-picked Judge Mark Fuller as the judge who would handle the Siegelman case because they knew he was a loyal Republican who bore a deep grudge against Siegelman. Simpson’s allegations match the facts we upturned in our investigative series on Judge Fuller this summer, and they are borne out by the Weeks affidavit.

And now we learn that the Public Integrity Section, which was bringing and managing the case against Siegelman, also had an extremely serious complaint of criminal conduct against Fuller.

This invites an interesting comparison with the case involving Clemon. In one a decade-old case in another district involving a family member mandated recusal of the judge. In the other, a current case involving the judge himself did not. What is the distinguishing rule in place? One judge was a Democratic appointee who was skeptical of the charges–quite properly, as it turned out–and the other was a zealously engaged partisan Republican with a grudge against Siegelman. That’s what the Justice Department was looking for. This goes far beyond a double standard, and it invites more questions as to why the prosecutor originally assigned to handle the case mysteriously dropped off the case and then quit the employ of the U.S. Attorney’s office.

Share
Single Page

More from Scott Horton:

Conversation August 5, 2016, 12:08 pm

Lincoln’s Party

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

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

Get access to 169 years of
Harper’s for only $23.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

November 2019

Men at Work

= Subscribers only.
Sign in here.
Subscribe here.

To Serve Is to Rule

= Subscribers only.
Sign in here.
Subscribe here.

The Bird Angle

= Subscribers only.
Sign in here.
Subscribe here.

The K-12 Takeover

= Subscribers only.
Sign in here.
Subscribe here.

The $68,000 Fish

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Men at Work·

= Subscribers only.
Sign in here.
Subscribe here.

“You’re being reborn,” the voice says. “Exiting the womb of your mother. Coming into the earth as a small baby. Everything is new.” It is a Saturday morning in mid-March, and right now I’m lying on a yoga mat in a lodge in Ohio, surrounded by fifty other men who’ve come to the Midwest for a weekend of manhood-confirming adventures. The voice in question belongs to Aaron Blaine, a facilitator for Evryman, the men’s group orchestrating this three-day retreat. All around me, men are shedding tears as Blaine leads us on a guided meditation, a kind of archetypal montage of Norman Rockwell boyhood. “You’re starting to figure things out,” he says, in somniferous baritone. “Snow, for the first time. Sunshine. Start to notice the smells, the tastes, the confusion. The fear. And you’re growing. You’re about ten years old. The world’s huge and scary.”

Even though it’s only the second day of the Evryman retreat, it’s worth noting that I’ve already been the subject of light fraternal teasing. Already I’ve been the recipient of countless unsought hugs. Already I have sat in Large Groups and Small Groups, and watched dozens of middle-aged men weep with shame and contrition. I’ve had a guy in the military tell me he wants to be “a rock for his family.” I’ve heard a guy from Ohio say that his beard “means something.” Twice I’ve hiked through the woods to “reconnect with Mother Nature,” and I have been addressed by numerous men as both “dude” and “brother.” I have performed yoga and yard drills and morning calisthenics. I’ve heard seven different men play acoustic guitar. I’ve heard a man describe his father by saying, “There wasn’t a lot of ball-tossing when I was growing up.” Three times I’ve been queried about how I’m “processing everything,” and at the urinal on Friday night, two men warned me about the upcoming “Anger Ceremony,” which is rumored to be the weekend’s “pièce de résistance.”

Article
To Serve Is to Rule·

= Subscribers only.
Sign in here.
Subscribe here.

The WASP story is personal for me. I arrived at Yale in 1971 from a thoroughly mediocre suburb in New Jersey, the second-generation hybrid of Irish and Italian stock riding the postwar boom. Those sockless people in Top-Siders, whose ancestors’ names and portraits adorned the walls, were entirely new to me. I made friends with some, but I was not free of a corrosive envy of their habitus of ease and entitlement.

I used to visit one of those friends in the Hamptons, in the 1970s, when the area was about wood-paneled Ford station wagons, not Lamborghinis. There was some money in the family, but not gobs, yet they lived two blocks from the beach—prime real estate. Now, down the road from what used to be their house is the residence of Ira Rennert. It’s one of the largest private homes in the United States. The union-busting, pension-fund-looting Rennert, whose wealth comes from, among other things, chemical companies that are some of the worst polluters in the country, made his first money in the 1980s as a cog in Michael Milken’s junk-bond machine. In 2015, a court ordered him to return $215 million he had appropriated from one of his companies to pay for the house. One-hundred-car garages and twenty-one (or maybe twenty-nine) bedrooms don’t come cheap.

Article
The Bird Angle·

= Subscribers only.
Sign in here.
Subscribe here.

I slept for a good seven hours on the overnight flight from Spain to Peru, and while I slept I dreamed that I was leading American visitors around a park in Berlin, looking for birds on a hazy, overcast day. There wasn’t much to see until we noticed a distant commotion in the sky. Large raptors were panicking, driven back and forth by something threatening them from above. The commotion moved closer. The clouds parted, an oval aperture backed with blue. In it two seraphim hovered motionless. “Those are angels,” I told the group.

They were between us and the sun, but an easy ­I.D. Size aside, no other European bird has two sets of wings. The upper wings cast their faces into shadow. Despite the glare I could make out their striking peaches-­and-­cream coloration. Ivory white predominates, hair a faint yellow, eyes blue, wings indescribably iridescent. Faces blank and expressionless, as with all birds.

Article
The K-12 Takeover·

= Subscribers only.
Sign in here.
Subscribe here.

Last May, the families of students at Cypress Academy, an independent charter school in New Orleans, received an email announcing that the school would close when classes ended the following week and that all its students would be transferred to another nearby charter for the upcoming year. Parents would have the option of entering their children in the city’s charter-enrollment lottery, but the lottery’s first round had already taken place, and the most desirable spots for the fall were filled.

Founded in 2015, a decade after New Orleans became the nation’s first city to begin replacing all its public schools with charters, Cypress was something of a rarity. Like about nine in ten of the city’s charter schools, it filled spaces by lottery rather than by selective admission. But while most of the nonselective schools in New Orleans had majority populations of low-income African-American students, Cypress mirrored the city’s demographics, drawing the children of professionals—African-American and white alike—as well as poorer students. Cypress reserved 20 percent of its seats for children with reading difficulties, and it offered a progressive education model, including “learning by doing,” rather than the strict conduct codes that dominated the city’s nonselective schools. In just three years, the school had outperformed many established charters—a particular feat given that one in four Cypress students had a disability, double the New Orleans average. Families flocked to Cypress, especially ones with children who had disabilities.

Article
Five Stories·

= Subscribers only.
Sign in here.
Subscribe here.

how high? that high

He had his stick that was used mostly to point at your head if your head wasn’t held up proudly.

I still like that man—Holger! He had been an orphan!

He came up to me once because there was something about how I was moving my feet that wasn’t according to the regulations or his expectations.

The room was a short wide room with a short wide window with plenty of artificial light.

Cost of renting a giant panda from the Chinese government, per day:

$1,500

A recent earthquake in Chile was found to have shifted the city of Concepción ten feet to the west, shortened Earth’s days by 1.26 microseconds, and shifted the planet’s axis by nearly three inches.

The limited edition Nike Air Max 97s, white sneakers that have holy water from the Jordan River in their soles and have frankincense-scented insoles, sold out in minutes.

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

HARPER’S FINEST

Jesus Plus Nothing

= Subscribers only.
Sign in here.
Subscribe here.

By

At Ivanwald, men learn to be leaders by loving their leaders. “They’re so busy loving us,” a brother once explained to me, “but who’s loving them?” We were. The brothers each paid $400 per month for room and board, but we were also the caretakers of The Cedars, cleaning its gutters, mowing its lawns, whacking weeds and blowing leaves and sanding. And we were called to serve on Tuesday mornings, when The Cedars hosted a regular prayer breakfast typically presided over by Ed Meese, the former attorney general. Each week the breakfast brought together a rotating group of ambassadors, businessmen, and American politicians. Three of Ivanwald’s brothers also attended, wearing crisp shirts starched just for the occasion; one would sit at the table while the other two poured coffee. 

Subscribe Today