Obama lawyers to Democrat alleging political prosecution: Go back to jail

By John Byrne
Tuesday, November 17th, 2009 -- 9:17 am
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don siegelman 1110 Obama lawyers to Democrat alleging political prosecution: Go back to jailGo back to jail.

That's the message from Obama administration lawyers to former Alabama Gov. Don Siegelman, whose case became a cause célèbre among Bush administration critics as ground zero of alleged political prosecutions.

The seeming disconnect between Obama's team and numerous Democrats -- including House Judiciary Committee Chairman John Conyers, Jr., who's investigated Siegelman's case -- may be because President George W. Bush's US Attorney in Alabama is still in office. Democrats still haven't settled on a replacement, some eleven months after Obama's inauguration.

In advice to the Supreme Court made public early this week, Obama's Justice Department stood firmly behind the position of Bush US Attorneys who won Siegelman's conviction on bribery charges in 2006. The two US Attorneys connected to the case were Bush appointees -- whose numerous conflicts of interest were documented in the Raw Story series, " The Permanent Republican Majority," which received a nomination for best investigative reporting by the Online News Association in 2008.

In September 2007, GOP whistleblower Dana Jill Simpson testified before lawyers for the House Judiciary Committee and described a conference call among onetime Rove associate Bill Canary, Governor Bob Riley's (Riley succeeded Siegelman) son Rob and other Riley campaign aides, which she said took place on Nov. 18, 2002 -- the same day Don Siegelman conceded the 2002 gubernatorial election. Simpson alleged that Canary had said that “Rove had spoken with the Department of Justice” about “pursuing” Siegelman and had also advised Riley's staff “not to worry about Don Siegelman” because “‘his girls’ would take care of” the governor.

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The “girls” allegedly referenced by Bill Canary were his wife, Leura Canary -- who was appointed by George W. Bush in 2001 as the US Attorney for the Middle District of Alabama -- and Alice Martin, another 2001 Bush appointee as the US Attorney for the Northern District of Alabama.

Rove later would argue that Simpson's claims were spurious, and says that he had no involvement whatsoever in Siegelman's case.

Regardless, other problems with the case led 91 state attorneys general to seek a review of Siegelman's conviction. But the Obama administration doesn't agree. They argue that federal prosecutors have proven their case.

"Under a standard that requires not just a quid pro quo, but one that is verbally spelled out with all 'i's dotted and 't's crossed, all but the most careless public officials will be able to avoid criminal liability for exchanging official action for campaign contributions," lawyers for the administration say in court papers papers.

Siegelman was freed on appeal early last year. He was originally sentenced to seven years in prison.

Legal Newsline notes that the former attorney generals say that the governor's conviction raises free speech issues.

They said it was not against the law for Siegelman to appoint former HealthSouth CEO Richard Scrushy to a hospital regulatory board after Scrushy arranged for $500,000 in donations to Siegelman's campaign for a statewide lottery.

They said there was no agreement between the governor and Scrushy concerning the appointment.

"This case concerns the criminalization of conduct protected by the First Amendment - the giving and receiving of campaign contributions," the group's amicus brief said.

Nine law professors have also joined Siegelman's campaign for vindication, the wire notes.

The Siegelman case was assigned to Judge Mark Fuller, a former district attorney whom George W. Bush had nominated for a federal judgeship in August 2002. Fuller was accused by his Siegelman-appointed successor in the district attorney's office of falsifying payroll records with intent to defraud the Alabama retirement system, leading him to back Riley during that year's election.

Siegelman was accused of accepting a $500,000 donation from HealthSouth founder Richard M. Scrushy in exchange for an appointment to the Alabama hospital regulatory board. That donation went to pay off a debt incurred by a non-profit foundation set up by Siegelman and others to promote an education lottery in a state referendum. However, Siegelman's attorney argued that he did not control the foundation by which the debt was incurred, nor did he take money from or profit from the foundation.

The case dragged on until June 2006, shortly after Siegelman was defeated in the Democratic primary. A few weeks later, he was acquitted of 25 of the 32 counts against him, but he was ultimately convicted on the other seven, after the jury had deadlocked twice and been sent back to deliberate by Judge Fuller. During the trial itself there were many irregularities, including strong indications of jury tampering involving two jurors.

With earlier reporting by Larisa Alexandrovna.

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Story comments are below...

  • DeadFed
    Meet the new boss..... SAME AS THE OLD BOSS!~
  • McLean, Virginia -- President Barack Obama and his Administration are so completely isolated now that none of them has any idea in the world how completely they have offended their base.

    Some of us will remember his choices when it counts. If he persists in pursuing George W. Bush's wall of secrecy in Government, he will foment resurgence of the defeated right. I for one will never vote to support a president who commits the same old war crimes.

    Paul Matthews
  • matticusfinch
    we should all refuse to vote for these Republicrats. they are all the same.

    third party 2012!
  • We can now assume that Attorney General Holder will begin prosecutions of all the congress creatures who have received Health Insurance contributions and then proceeded to vote against Health Reform, or to water it down in favor of the industry. Or those who took Wall Street money and then supported bank bail outs with no requirement of mortgage relief. (Mr. Obama should now be deadly afraid of his attorney general, right?) We know these people will all be prosecuted because Mr Holder has told us that there doesn't have to be a provable, written link between contribution and action, right?
    For the first time I am deeply ASHAMED that I spent a month making phone calls for these creeps. The elections of 2010 will be a replay of those in 1994.
  • "Obama administration lawyers" Which lawyers? Lawyers hired by the Obama administration, or veterans from the Bush years? Who, exactly? Names, pls!
  • Name
    Are these Bush holdovers that Obama has not replaced or are these new, Obama-appointed US Attorneys? Who are they?
  • lousgirl84
    Bush holdovers. Did you not read the article
  • tjfxh
    President Obama punks the base yet again. WTF?
  • Dawn
    O-bama is Bush, Bush's are Hitler's.
  • bickelx2
    From "Alice's Restruant" when the judge came in with his seeing eye dog I knew it was a case of blind justice!
  • thomas jefferson
    so in other words, rather than actually investigate and uncover the bullshit during morons* reign of terror they just want Siegelman to shut up and go away.

    very nice.
  • when_pigs_fly
    No, they want him to shut up and go back to prison
  • DownriverDem
    The repubs are holding up so many judicial appointments because they can.
  • Monie
    Hardly surprising.
  • SPECOPS
    tHIS WAS A BAD CALL
  • OldAtlantic
    This case should not have been brought.
  • me
    Obama has only been in office X number of days. It's not his fault. Dems are now as sheeplike as Repubs...or should I say lemminglike.
  • dennycrane
    If he is sitting at home right now, here is some advice---cash in your chips, get your family out of this country and live happily ever after elsewhere. You are kicking aginst the pricks. The same type of lawyers are in place that fucked up the 2000 election for Gore.
  • jessehemingway
    The DLC was a creation of the Clinton’s; logically the Clinton’s are chameleons and chameleons are lizards and lizards are republicans. Got it?


    About the DLC: Where Ideas Happen

    Our New Challenge
    A quarter century ago, the DLC's founding challenge was to lead Democrats out of the political wilderness by winning back the nation's forgotten middle class. Last fall, Barack Obama's victory proved that Democrats have taken our message to heart.

    Now, the new DLC must take up a new challenge: to help President Obama and new leaders around the country, at a moment of profound crisis, succeed in delivering a bold, fresh agenda of responsibility and reform. With a new president in the White House, broad new majorities in Congress, and a clear mandate for change from the American people, Democrats have an opportunity and obligation to chart a new course for the country.




    Our New Mission

    The DLC has long been at the forefront of the reform movement, from welfare reform and fiscal responsibility to national service and charter schools. Today, our nation faces new challenges to turn the economy around and pave the way for future economic growth: creating jobs, expanding trade, and restoring economic confidence; holding down health care costs and making our people and our business climate healthier; generating the energy jobs and innovations of tomorrow; reforming our education system to compete in the global economy; and reforming government to restore fiscal responsibility and deliver results.

    While other organizations continue to focus on political messaging, the central mission of the new DLC will be to develop and fight for ideas that can happen and reforms that will work. We will develop practical, far-reaching ideas that address the tough challenges and hard choices that others prefer to ignore. We will work closely with our allies in Congress and the administration to make sure the president's agenda succeeds. We're in business to push the envelope and get the job done.

    http://www.dlc.org/ndol_ci.cfm?kaid=86&subid=85...
  • jessehemingway
    The DLC was a creation of the Clinton’s; logically the Clinton’s are chameleons and chameleons are lizards and lizards are republicans. Got it?


    About the DLC: Where Ideas Happen

    Our New Challenge
    A quarter century ago, the DLC's founding challenge was to lead Democrats out of the political wilderness by winning back the nation's forgotten middle class. Last fall, Barack Obama's victory proved that Democrats have taken our message to heart.

    Now, the new DLC must take up a new challenge: to help President Obama and new leaders around the country, at a moment of profound crisis, succeed in delivering a bold, fresh agenda of responsibility and reform. With a new president in the White House, broad new majorities in Congress, and a clear mandate for change from the American people, Democrats have an opportunity and obligation to chart a new course for the country.

    Our New Mission

    The DLC has long been at the forefront of the reform movement, from welfare reform and fiscal responsibility to national service and charter schools. Today, our nation faces new challenges to turn the economy around and pave the way for future economic growth: creating jobs, expanding trade, and restoring economic confidence; holding down health care costs and making our people and our business climate healthier; generating the energy jobs and innovations of tomorrow; reforming our education system to compete in the global economy; and reforming government to restore fiscal responsibility and deliver results.

    While other organizations continue to focus on political messaging, the central mission of the new DLC will be to develop and fight for ideas that can happen and reforms that will work. We will develop practical, far-reaching ideas that address the tough challenges and hard choices that others prefer to ignore. We will work closely with our allies in Congress and the administration to make sure the president's agenda succeeds. We're in business to push the envelope and get the job done.

    http://www.dlc.org/ndol_ci.cfm?kaid=86&subid=85...
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