No Comment — June 4, 2008, 4:24 pm

Siegelman Prosecution Continues to Unravel

Former Alabama Governor Don Siegelman finds himself in a curious position. He was tried, convicted and sentenced on corruption charges brought by a U.S. Attorney whose husband happened to be advising Siegelman’s political opponent. In the meantime, spectacular public charges leveled by Republicans against figures in their own party have turned the tables on the prosecutors, who are now increasingly fighting a rear-guard action attempting to save their careers. Under intense Congressional pressure, the Justice Department acknowledges that its Office of Professional Responsibility has started multiple investigations into accusations of ethics lapses and illegal conduct leveled at the prosecutors and investigators they directed.

Evidence of the involvement of former senior Presidential Advisor Karl Rove continues to mount, and Rove’s denials become more strangely qualified as time progresses. Congress is demanding Rove’s testimony under subpoena and has rejected his efforts to weasel out of a public appearance under oath. At this point, Rove appears prepared to defy the Congressional subpoena and face imprisonment for contempt.

In Atlanta, the Court of Appeals, after issuing a series of increasingly irritated orders challenging the conduct of the trial judge, ordered Siegelman’s release from prison, remarking that his appeal had substantial prospects for success. This is particularly remarkable because the court ruled on the basis of the trial record itself, whereas the most dramatic evidence of misconduct and abuse was only unearthed after Siegelman went to prison. The disclosures link the prosecution team to illegal witness coaching and to the suppression of vital exculpatory evidence. Key roles were played in the process by CBS News’s 60 Minutes and MSNBC’s Dan Abrams.

In another clear sign of reversal, the Bush Justice Department’s prosecution team—itself now under investigation—has abandoned its own appeal of the Siegelman sentencing. The Associated Press reports:

Federal prosecutors are no longer seeking stiffer prison sentences for former Alabama Gov. Don Siegelman and former HealthSouth CEO Richard Scrushy.

The prosecutors do not offer any explanation for their forfeiture of the appeal.

Siegelman’s appeal on the merits is proceeding with historically unprecedented support. Fifty-four former attorneys general have submitted a brief amicus curiæ in the case calling for the conviction to be thrown out. Conventionally, amicus briefs argue some narrow issue of law in which the group submitting them has an interest. This brief is unusual in that it takes lethal aim at the essence of the Bush Justice Department’s case, lashing out against the good faith of the prosecution itself.

The attorneys general express their “strong conviction” that the prosecution of Siegelman was improper. “Completely absent from the trial record is any evidence that Governor Siegelman and Mr. Scrushy entered into an explicit agreement whereby Mr. Scrushy’s appointment to the Con board was conditioned upon Mr. Scrushy’s making the political contributions in question,” the attorneys general state. They also level serious charges at the trial judge, noting that his decision to up Siegelman’s punishment because Siegelman protested over the political influences at play in the case—charges now substantially vindicated—raised “serious first amendment issues.” It increasingly appears likely that Siegelman was rushed off to prison for telling the truth.

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 167 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

February 2018

Within Reach

= Subscribers only.
Sign in here.
Subscribe here.

The Bodies in The Forest

= Subscribers only.
Sign in here.
Subscribe here.

The Minds of Others

= Subscribers only.
Sign in here.
Subscribe here.

Modern Despots

= Subscribers only.
Sign in here.
Subscribe here.

Before the Deluge

= Subscribers only.
Sign in here.
Subscribe here.

Notes to Self

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
The Minds of Others·

= Subscribers only.
Sign in here.
Subscribe here.

Progress is impossible without change,” George Bernard Shaw wrote in 1944, “and those who cannot change their minds cannot change anything.” But progress through persuasion has never seemed harder to achieve. Political segregation has made many Americans inaccessible, even unimaginable, to those on the other side of the partisan divide. On the rare occasions when we do come face-to-face, it is not clear what we could say to change each other’s minds or reach a worthwhile compromise. Psychological research has shown that humans often fail to process facts that conflict with our preexisting worldviews. The stakes are simply too high: our self-worth and identity are entangled with our beliefs — and with those who share them. The weakness of logic as a tool of persuasion, combined with the urgency of the political moment, can be paralyzing.

Yet we know that people do change their minds. We are constantly molded by our environment and our culture, by the events of the world, by the gossip we hear and the books we read. In the essays that follow, seven writers explore the ways that persuasion operates in our lives, from the intimate to the far-reaching. Some consider the ethics and mechanics of persuasion itself — in religion, politics, and foreign policy — and others turn their attention to the channels through which it acts, such as music, protest, and technology. How, they ask, can we persuade others to join our cause or see things the way we do? And when it comes to our own openness to change, how do we decide when to compromise and when to resist?

Illustration (detail) by Lincoln Agnew
Article
Within Reach·

= Subscribers only.
Sign in here.
Subscribe here.

On a balmy day last spring, Connor Chase sat on a red couch in the waiting room of a medical clinic in Columbus, Ohio, and watched the traffic on the street. His bleached-blond hair fell into his eyes as he scrolled through his phone to distract himself. Waiting to see Mimi Rivard, a nurse practitioner, was making Chase nervous: it would be the first time he would tell a medical professional that he was transgender.

By the time he arrived at the Equitas Health clinic, Chase was eighteen, and had long since come to dread doctors and hospitals. As a child, he’d had asthma, migraines, two surgeries for a tumor that had caused deafness in one ear, and gangrene from an infected bug bite. Doctors had always assumed he was a girl. After puberty, Chase said, he avoided looking in the mirror because his chest and hips “didn’t feel like my body.” He liked it when strangers saw him as male, but his voice was high-pitched, so he rarely spoke in public. Then, when Chase was fourteen, he watched a video on YouTube in which a twentysomething trans man described taking testosterone to lower his voice and appear more masculine. Suddenly, Chase had an explanation for how he felt — and what he wanted.

Illustration by Taylor Callery
Article
Before the Deluge·

= Subscribers only.
Sign in here.
Subscribe here.

In the summer of 2016, when Congress installed a financial control board to address Puerto Rico’s crippling debt, I traveled to San Juan, the capital. The island owed some $120 billion, and Wall Street was demanding action. On the news, President Obama announced his appointments to the Junta de Supervisión y Administración Financiera. “The task ahead for Puerto Rico is not an easy one,” he said. “But I am confident Puerto Rico is up to the challenge of stabilizing the fiscal situation, restoring growth, and building a better future for all Puerto Ricans.” Among locals, however, the control board was widely viewed as a transparent effort to satisfy mainland creditors — just the latest tool of colonialist plundering that went back generations.

Photograph from Puerto Rico by Christopher Gregory
Article
Monumental Error·

= Subscribers only.
Sign in here.
Subscribe here.

In 1899, the art critic Layton Crippen complained in the New York Times that private donors and committees had been permitted to run amok, erecting all across the city a large number of “painfully ugly monuments.” The very worst statues had been dumped in Central Park. “The sculptures go as far toward spoiling the Park as it is possible to spoil it,” he wrote. Even worse, he lamented, no organization had “power of removal” to correct the damage that was being done.

Illustration by Steve Brodner
Post
CamperForce·

= Subscribers only.
Sign in here.
Subscribe here.

After losing their savings in the stock market crash of 2008, seniors Barb and Chuck find seasonal employment at Amazon fulfillment centers.

Cost of a baby-stroller cleaning, with wheel detailing, at Tot Squad in New York City:

$119.99

Australian biologists trained monitor lizards not to eat cane toads.

Trump tweeted that he had created “jobs, jobs, jobs” since becoming president, and it was reported that Trump plans to bolster job creation by loosening regulations on the global sale of US-made artillery, warships, fighter jets, and drones.

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

HARPER’S FINEST

Report — From the June 2013 issue

How to Make Your Own AR-15

= Subscribers only.
Sign in here.
Subscribe here.

By

"Gun owners have long been the hypochondriacs of American politics. Over the past twenty years, the gun-rights movement has won just about every battle it has fought; states have passed at least a hundred laws loosening gun restrictions since President Obama took office. Yet the National Rifle Association has continued to insist that government confiscation of privately owned firearms is nigh. The NRA’s alarmism helped maintain an active membership, but the strategy was risky: sooner or later, gun guys might have realized that they’d been had. Then came the shootings at a movie theater in Aurora, Colorado, and at Sandy Hook Elementary School in Newtown, Connecticut, followed swiftly by the nightmare the NRA had been promising for decades: a dedicated push at every level of government for new gun laws. The gun-rights movement was now that most insufferable of species: a hypochondriac taken suddenly, seriously ill."

Subscribe Today