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The Gulag Comes to America: The Don Siegelman Case

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CrisisPapers Donating Member (271 posts) Send PM | Profile | Ignore Tue Jan-29-08 11:02 AM
Original message
The Gulag Comes to America: The Don Siegelman Case
| Ernest Partridge |

Today, Don Siegelman, former governor of the state of Alabama, sits in a federal prison, sentenced to a seven year term for bribery.

Every day that Siegelman remains in prison every American citizen who openly dissents from the policies and protests the criminality of the Bush/Cheney regime is less free and more vulnerable to politically motivated prosecution.

For the plain fact of the matter is that Don Siegelman is, in effect, a political prisoner. The formal charge against him was bribery. But, practically speaking, his offense was his political success as a Democrat in a "red" Republican state. When Siegelman indicated an interest in reviving his political career, one of his accusers was heard to say, "(We're) going to take care of Siegelman." And so they did.

Larisa Alexandrovna, one of the few journalists to investigate this case in depth, writes:

For most Americans, the very concept of political prisoners is remote and exotic, a practice that is associated with third-world dictatorships but is foreign to the American tradition. The idea that a prominent politician - a former state governor - could be tried on charges that many observers consider to be trumped-up, convicted in a trial that involved numerous questionable procedures, and then hauled off to prison in shackles immediately upon sentencing would be almost unbelievable.

The Siegelman case stinks from top to bottom of political vendetta and manipulation. It's a rather complicated story, which I cannot recount in detail here. Those details may be found in the Raw Story (Alexandrovna et al) series and the DemocracyNow Scott Horton interview, listed and linked below. However, these are the essential elements:

The bribery charge rose out of Siegelman's appointment of Richard Scrushy to the Alabama hospital regulatory board, a non-paying position that Scrusky had held under two previous governors. The appointment followed Scrushy's donation of a half million dollars to a Siegelman foundation and gained Siegelman no financial advantage whatever. Of course, political favors to donors is routine in both state an federal government, as numerous ambassadorial appointments will testify. Moreover, clearly illegal campaign contributions were received by Alabama Republican Senator Jeff Sessions and Federal Judge William Pryor, who have not been investigated much less prosecuted.

Siegelman held the distinction of serving all four elective state offices: Attorney General, Secretary of State, Lieutenant Governor and Governor. With his prestige, popularity, and name-recognition, he was a persistent threat to the well-oiled Alabama GOP political machine. As his daughter, Dana, describes it,

The men and women behind this conspiracy have a lot against my dad. My dad wanted an education lottery, brought jobs to the state, made big businesses pay their taxes, sought to completely change Alabama's constitution, raised teachers' salaries, gave African Americans jobs that Caucasians had supremacy over for years, helped in fundraisers for other Democrats, supported the arts, was well-respected on a national level, etc... It was a battle against a truly liberal leader, not some moderate Democrat. He held the highest offices in the state and was Alabama's longest running politician. Republicans wanted their state back, and they got it.

"They got it," typically, through a stolen election. In 2002, Siegelman appeared to have won re-election against Republican challenger Bob Riley. But then, in Baldwin county, Republican election supervisors (no Democrats allowed), locked the doors and "discovered" a "computer glitch" that tilted the election to Riley, whereupon the GOP Attorney General, William Pryor, put the kibosh on Siegelman's appeal for a recount by sealing the ballots. (Siegelman gives his account of the theft here).

While Siegelman vowed "to come back and fight another day," the GOP was determined to see to it that he was at last down for the count.

Enter Bill Canary, Republican kingmaker, friend and confidant of Karl Rove, campaign advisor to William Pryor and Bob Riley, and, not coincidentally, husband of U.S. Attorney, Leura Canary. It was Mrs. Canary, along with U.S. Attorney Alice Martin, who brought the case against Siegelman.

Enter next, Dana Jill Simpson, a rare and endangered political animal: a republican political operative with a conscience and an allegiance to the rule of law that trumps partisan loyalty. As Scott Horton reports, in a sworn affidavit Ms. Simpson, Riley's campaign attorney,

provide(d) a detailed specific account of what transpired, starting with (Bill) Canary's statement "not to worry about Don Siegelman that 'his girls would take care of him.'" Then Riley's son asked Canary if he was sure that Siegelman would be "taken care of," and Canary told him not to worry that he had already gotten it worked out with Karl and Karl had spoken with the Department of Justice and the Department of Justice was already pursuing Don Siegelman." "His girls" were Canary's wife Leura Canary, who as U.S. Attorney in the Middle District of Alabama, did in fact start the investigation, only dropping off when objections were raised by Governor Siegelman's counsel due to her obvious political bias and the U.S. Attorney in Birmingham, Alice Martin. Ms. Simpson, who gave the affidavit, is a lifelong Republican and was a worker in the Riley campaign against Siegelman, and her account has been contemporaneously corroborated.

While communicating with Siegelman's attorney prior to releasing her affidavit, Simpson's house was demolished by a mysterious fire, and Simpson herself was forced off the road. Mere coincidences, of course.

The judge at Siegelman's trial, Mark Fuller, a Bush appointee and a former member of the executive committee of the Alabama Republican party, had a well-known grudge against Siegelman. Fuller refused to recuse himself from the case, denied bail, immediately put Siegelman in shackles and ordered him to the Atlanta federal prison. After seven months Judge Fuller, in violation of the law, has failed to release the trial transcript without which the defendant can not appeal his conviction.

Don Siegelman has since been shuttled back and forth among several federal prisons out of touch with his attorneys and not allowed access to the internet or to press interviews. This treatment has prompted an unprecedented demand by forty-four former state attorneys general for a Congressional investigation of the Siegelman case.

The Purge in Progress

The Siegelman Saga puts a human face on a widespread politicization of the U.S. Department of Justice. In a similar case in Wisconsin, Georgia Thompson, a purchasing official in the state government, was convicted of corruption in a case that worked to the advantage of a Republican candidate for governor. The Seventh Circuit Court of Appeals was so shocked by the injustice of her conviction that they ordered Thompson's immediate release, even before issuing a ruling. The evidence against her, said Judge Diane Wood, was "beyond thin."

The December, 2006, firings of eight Republican U.S. attorneys, who insisted upon conducting their offices without partisan bias, has brought national attention to the political corruption of the Justice Department and has caused many to wonder about the behavior of the remaining eight-five U.S. attorneys that Alberto Gonzales saw fit to retain. It is a troubling question.

A study by Donald Shields and John Cragan, two professors of communication, may supply an answer: "the offices of the U.S. Attorneys across the nation investigate seven times as many Democratic officials as they investigate Republican officials, a number that exceeds even the racial profiling of African Americans in traffic stops." (The numbers: 298 Democrats, 67 Republicans, 10 "Others").

This apparent partisan purge of Democrats, combined with amnesty for Republicans, hits close to home. It is reported that Carol Lam, one of the eight sacked U.S. Attorneys, was hot on the trail of my Republican Congressman, Jerry Lewis. I've heard nothing more about this investigation, so it appears that Lewis is off the hook.

So now we have in place a thoroughgoing corruption of the federal justice system. The blindfold has been torn off the face of lady justice, as the Department of Justice becomes, in effect, an extension of the Republican Party, and possession of a public office by a Democrat becomes a de facto crime, should the hounds of the Department of Justice decide to go after said official.

The Democratic Congress has been remarkably complacent about all this. True, they have called a few young graduates from Pat Robertson's Regent U. Law school to testify, they have heard from the fired U.S. attorneys, and they have promised hearings on the Siegelman case. But its all show - a bark without a bite - as the White House and the Department of Justice steadfastly refuse to recognize subpoenas or allow the key players to testify under oath. These offenses, by the way, were among the articles of impeachment against Richard Nixon.

Unsurprisingly, these outrages by the Department of Defense have not excited much interest in the mainstream media, with the honorable exception of Keith Olbermann and Dan Abrams of MSNBC. Abrams series, "Bush League Justice," which was broadcast last December, was magnificent, and he promised that "we're not going to let this go away... We are going to be watching very closely." Six weeks later, we are awaiting the follow-up. In addition, rumor has it that 60 Minutes is preparing a segment on the Siegelman case.

Two Roads Diverge

The fate of Don Siegelman may reflect the fate of our republic. We are at a crucial crossroads, one road leads to a restoration of the rule of law, and the other road leads to despotism.

If Don Siegelman persecutors have their way and he serves out his term of seven years, and if the culprits who stole his re-election and railroaded him to federal lockup enjoy the fruits of their villainy and escape punishment, then the rule of law is dead in Alabama and in critical condition in Washington D.C. Then the gangrene of lawlessness in Alabama may spread until it destroys the entire body politic.

I seem to recall a comment by some Bushie to the effect that "we're pushing the limits until someone or something stops us." To date, those limits have extended well beyond the Constitution and the rule of law. Acts of Congress are nullified by signing statements, Congressional oversight is blinded by "executive privilege" and a refusal to recognize subpoenas. Elections have been privatized and are unverifiable. All that's left to the Congress to contain this burgeoning power of "the unitary executive" is impeachment, and impeachment, as we all know, is "off the table."

Someone, somehow, must draw a line in the sand and say "no further!" And then, push back - and back - and back.

"Just wait," we hear, "in less than a year there will be a new president and a new day dawning." If so, then this new day will require a new leader with qualities and capacities that are not conspicuous in any of the present-day contenders for that office.

Perhaps the next President, once in office, will surprise us with inspired leadership qualities not now apparent. It has happened before.

But the restoration of freedom never simply "trickles down" from great leaders. It must also "percolate up" from the people. And I don't see much reason for hope in the American public today. But extraordinary crises have a way of summoning extraordinary virtues.

If, somehow, we follow the road to restoration of democracy and the rule of law, we should see at the beginning of that road the release and exoneration of Don Siegelman, the disgrace and punishment of his tormenters, and the end of political prosecution.

It will be a long and arduous road to follow. But it is the only road worthy of our dedication and effort.

-- EP
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Kevin Cloyd Donating Member (104 posts) Send PM | Profile | Ignore Tue Jan-29-08 11:43 AM
Response to Original message
1. Here's Another Case of Abuse
From The Rocky Mountain News July 27, 2007

Qwest was the only telecom that refused to cooperate with Bush’s illegal domestic spy campaign.
Federal Judge Edward Nottingham today sentenced former Qwest CEO Joe Nacchio to six years in prison for his conviction in the largest insider-trading case in U.S. history.

Nacchio, convicted of 19 counts of insider trading, also was fined $19 million and ordered to forfeit within 15 days the $52 million he made from illegal stock sales.

Nacchio's motion for bail pending appeal was denied. He asked to speak to the court after sentence was pronounced, but Nottingham would not allow it in a dramatic conclusion to the hearing.

Nacchio was whisked away from the courthouse in a white Chevy Suburban about 20 minutes after the hearing ended. He did not speak to reporters.
http://www.rockymountainnews.com/drmn/tech/article/0,2777,DRMN_23910_5647715,00.html

From The Carpetbagger Report;

A former Qwest Communications International executive, appealing a conviction for insider trading, has alleged that the government withdrew opportunities for contracts worth hundreds of millions of dollars after Qwest refused to participate in an unidentified National Security Agency program that the company thought might be illegal.

Former chief executive Joseph P. Nacchio, convicted in April of 19 counts of insider trading, said the NSA approached Qwest more than six months before the Sept. 11, 2001, attacks, according to court documents unsealed in Denver this week.

Details about the alleged NSA program have been redacted from the documents, but Nacchio’s lawyer said last year that the NSA had approached the company about participating in a warrantless surveillance program to gather information about Americans’ phone records.

In the court filings disclosed this week, Nacchio suggests that Qwest’s refusal to take part in that program led the government to cancel a separate, lucrative contract with the NSA in retribution. He is using the allegation to try to show why his stock sale should not have been considered improper.

http://www.thecarpetbaggerreport.com/archives/13224.html

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DCKit Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-29-08 11:46 AM
Response to Original message
2. Siegel or Sibel = Auto-Rec
Thanks for keeping us informed.
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Time for change Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-29-08 12:16 PM
Response to Original message
3. Thank you for this excellent summary of one of the darkest clouds gathering around us
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pberq Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-29-08 12:50 PM
Response to Original message
4. Kick & Nominated
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SeeTheFuture Donating Member (8 posts) Send PM | Profile | Ignore Tue Jan-29-08 03:32 PM
Response to Original message
5. jury of his peers
Dancin' Don brought shame to our state (AL). He was convicted by a jury of his peers for conducting transactions which he knew to be illegal, but, "everybody else is doing it". No one should cry for his conviction and sentencing. If he feels it was unfair, then his efforts should be to have the other criminals prosecuted. Under his rules, nobody in AL would ever go to jail.
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annabanana Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-29-08 05:30 PM
Response to Reply #5
7. He "brought shame to the state of Alabama"???
You're killing me here. .

I mean, really.
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4dsc Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-29-08 09:59 PM
Response to Reply #5
10. you're truly an idiot!
eom..
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TheMadMonk Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-30-08 03:45 AM
Response to Reply #5
12. Hello. Goodbye. Don't let the door hit ya where the good lord split ya. nt
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R_M Donating Member (425 posts) Send PM | Profile | Ignore Tue Jan-29-08 05:15 PM
Response to Original message
6. Perhaps being a northerner with an education...
in Alabama had something to do with it too?
Who knows.
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eridani Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-29-08 09:06 PM
Response to Original message
8. Shouldn't the DNC be doing something about this?
Why will we not defend our own?
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eridani Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-29-08 09:06 PM
Response to Original message
9. Shouldn't the DNC be doing something about this?
Why will we not defend our own?
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struggle4progress Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-29-08 11:12 PM
Response to Original message
11. Siegelman judge's firm got $18 million contract (21 Jan)
Monday, January 21, 2008
By Scott Horton

The story out of the Frank M. Johnson Federal Courthouse in Montgomery never seems to change. It is a chronicle of abusive conduct by a federal judge who treats his judicial duties with the same level of contempt he retains for the concept of justice itself. His name is Mark Everett Fuller, and according to the sworn account of a Republican operative, testifying before Congress, he was handpicked to manage a courtroom drama to destroy Governor, Don Siegelman, and to send him off to prison, post-haste. And that's exactly what he did.

Fuller denied without explanation the completely routine motion that Siegelman made to be let free on appeal. When the Court of Appeals directed him to state his reasons, he refused. They then directed him a second time to do so. He waited two months after the second order (and over three months after the original order) before acting, waiting until the Associated Press had published a major article bringing public attention to focus on the gross irregularities which marked his handling of the case and until Siegelman's lawyers made an emergency motion to the Court of Appeals to act. Then, suddenly, he released a 30-page opinion.

That opinion, which I have examined and shared with several of my lawyer and legal academic colleagues, is farcical, the sort of thing that any judge would be ashamed to allow see the light of day. The one sensible thing that Judge Fuller did was mark it "not for publication," for indeed, why would he want anyone to read it? It reflects a third-rate legal mind. Most of it is a cobbled together pilferage from other documents filed in the case. It fails to provide any meaningful explanation for his decision. The weakness of this document serves further to underscore the now pervasive suspicions of improper motive ...

Part of Fuller's very unusual background lies in the fact that he's a businessman, and he continues to own a several businesses while he sits as a judge. That raises some complications. But then we get into the nature of his business and the complications soar. It seems that Fuller's business runs almost entirely from shadowy contracts awarded by the U.S. Government, prominently including the Department of Justicethat's right, the highly politicized agency which was prosecuting the Siegelman case in his court. And many of the other contracts come from the Department of Defense ...

http://www.al.com/news/independent/index.ssf?/base/columnists/120091051477000.xml&coll=4
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eShirl Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-30-08 06:23 AM
Response to Reply #11
13. unfreakingbelieveable!
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Kevin Cloyd Donating Member (104 posts) Send PM | Profile | Ignore Wed Jan-30-08 10:03 AM
Response to Reply #11
14. The inmates are on the bench
What pisses me off is that to become a Federal Judge the Congress had to give this guy the OK. Why didn't the dems block him and why don't they impeach him?
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