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Prosecutors ask for much longer sentence for Siegelman


By Raw Story

Published: May 13, 2009
Updated 6 months ago




“Federal prosecutors want former Alabama Gov. Don Siegelman to serve a much longer sentence than he originally received in a federal government corruption case, even though an appellate court has thrown out two of the charges against him,” the Associated Press reported Tuesday.

The prosecutors have sent a letter to federal probation officers recommending that Siegelman be sentenced to 20 years in federal prison when he receives a new sentencing hearing in federal court in Montgomery. Siegelman was originally sentenced to more than seven years in prison for his 2006 conviction for bribery, obstruction of justice and other charges.

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“It’s evident that this team of prosecutors are biased and hell-bent to uphold this conviction and try to punish me as much as they can,“ Siegelman said Tuesday in a telephone interview.

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A three-judge panel of the 11th U.S. Circuit Court of Appeals in March upheld much of Siegelman’s conviction, but threw out two mail fraud counts.

Siegelman’s attorney, Vince Kilborn, said Friday it’s “laughable” for prosecutors to recommend a tougher sentence than the former governor received before two of the charges he was convicted of were dismissed.

“It’s a continuation of government overreaching in this case,“ Kilborn said. “Obviously since two felony counts were dismissed by the 11th Circuit, his sentence should be reduced.“

In response, former legal journalist Roger Shuler wrote at his Legal Schnauzer blog that the news was “alarming for a couple of reasons.”

(1) It lends credence to the U.S. 11th Circuit Court of Appeals’ ruling that upheld most of the convictions against Siegelman and codefendant Richard Scrushy. Our research of the ruling, and the relevant law and facts, indicates the 11th Circuit’s ruling was flawed, unlawful, and a continuation of the politics that have permeated the case from the outset.

(2) It indicates that federal prosecutors are acting as brazenly under the Barack Obama administration as they did under George W. Bush. We now have Eric Holder as attorney general, but today’s news indicates that makes zero difference to the prosecutors who ramrodded the Siegelman case.

Is the 11th Circuit’s ruling flawed? The answer is yes. You certainly won’t hear about that from federal prosecutors, and no one in the mainstream press is likely to examine the ruling closely enough to determine whether it is legit or not.

But we have studied the ruling and found it be full of holes. Our findings are coming soon.

Last month, Holder indicated he wouldn’t be reviewing the case despite legal questions surrounding it and allegations that it was a Bush-era political prosecution. The House Judiciary Committee has been investigating it since last year.

“Attorney General Eric H. Holder Jr. is moving to revamp Justice Department procedures in the wake of the prosecutorial debacle in the Ted Stevens case,” Keith Perine reported for CQ Politics. “But Holder said today that he is not reviewing the Justice Department’s prosecution of former Alabama Gov. Donald Siegelman on corruption charges, nor other corruption cases involving Alaskan officials.”

Holder said, “I don’t have any reviews under way at this point, but I always want to ensure that the Justice Department acts in a way that is consistent with the long tradition of this great department.”

RAW STORY’s Larisa Alexandrovna and Muriel Kane have been covering the Siegelman case since the fall of 2007.





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