Political Prisoner Don Seigelman: UPDATES. The Curious Case of the Missing Transcript

Siegelman Updates BY Scott Horton
PUBLISHED November 10, 2007
http://www.harpers.org/archive/2007/11/hbc-90001637


The Curious Case of the Missing Transcript

As we have often noted, absolutely nothing about the Siegelman case is “normal.” Now we learn from the Associated Press notes that Governor Siegelman’s appeal to the Eleventh Circuit is being held up because there is no transcript.

"The bulky transcript from the two-month-long trial has not been completed and must be available before attorneys for Siegelman and Scrushy can appeal the convictions ...."

Siegelman and Scrushy have asked the appellate court to release them from prison while they are waiting for a final decision on the appeal....

“I’m firmly convinced the 11th Circuit is going to reverse this case. The travesty is that we’ve got an innocent client sitting in federal prison with no hearing in sight on his appeal,” Kilborn said.

Whose fault is this? The answer to that question is simple: Judge Fuller. ....

Judge Fuller, however, has now engaged in systematic conduct designed to obstruct the right of the defendants to take a timely appeal from his decisions. In addition to failing to insure the availability of a transcript, he has also failed to make a proper ruling on Siegelman’s motion for release pending appeal. Indeed, his misconduct on that front has been breath-taking and has now led him into direct conflict with the Court of Appeals.

Fuller’s On-Going Wrangle With the Court of Appeals ....
In public integrity cases, it is conventional that defendants be granted release pending exhaustion of their appeals.

to heel? This case is SO breathtakingly bald. so RESOUNDINGLY corrupt that it's a wonder this man can get from house to car without being called on it...

Political Prisoner Don Seigelman: TIME COVER STORY to be Political Prosecutions in Alabama
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x1982675

It's surreal that this could happen and I just want Don Siegelman out and living his product life with this nightmare of epic proportions behind him.

:kick:

MORE: Judge Fuller: A Siegelman Grudge Match?
BY Scott Horton - Aug 2, 2007
http://www.harpers.org/archive/2007/08/hbc-90000701


We’re getting to know Judge Mark Everett Fuller, the judge in the Don Siegelman case. In the first two installments (http://www.harpers.org/archive/2007/07/hbc-90000675, http://www.harpers.org/archive/2007/08/hbc-90000690), we discussed how Fuller came to be selected as a judge, his long, in-the-trenches relationship with the Alabama G.O.P. (serving on its Executive Committee), and his special relationship with his political mentor, Representative Terry Everett. Today we will explore the dispute that arose just as Fuller was moving to the federal bench.

..... based on recommendations from Alabama Republican Senators Richard Shelby and Jefferson Sessions, he was nominated by President George W. Bush for a federal judgeship in the Middle District of Alabama in Montgomery. Fuller was confirmed in November 2002.

A routine state audit of Fuller’s office for the period from October 1999 to April 2001, found that “there were a few incidents of insufficient or incomplete documentation of disbursements” at the office ........

Appeal of Siegelman verdict delayed by unfinished transcript
11/7/2007 - BOB JOHNSON - AP - http://www.al.com/newsflash/regional/index.ssf?/base/news-32/1194476973129420.xml&storylist=alabamanews

MONTGOMERY, Ala. (AP) — The wheels of justice are moving slowly in the case of former Alabama Gov. Don Siegelman and former HealthSouth CEO Richard Scrushy.

It has been almost a year and a half since they were found guilty on June 29, 2006 of bribery and other charges in a government corruption case, and more than four months since they were hauled off to federal prison in shackles at the end of a sentencing hearing.

But their formal appeal has yet to begin.

The bulky transcript from the two-month-long trial has not been completed and must be available before attorneys for Siegelman and Scrushy can appeal the convictions to the 11th U.S. Circuit Court of Appeals in Atlanta. The delay was caused partly by the death earlier this year of Jimmy Dickens, the court reporter who recorded the trial, which included dozens of witnesses and mounds of physical evidence.

Siegelman and Scrushy have asked the appellate court to release them from prison while they are waiting .....

This "judge" needs to be de-frocked.

K&R

:kick:

... She failed to finish the transcript by the the extension date given by the Court, and the Judge placed in jail on contempt and ordered she be given all the necessaries to finish the trial transcript. And you know, that transcript was finished in a matter of days even though she had represented to the court it would take months.

THe trial judge has this power.

AP Interview: Franklin says Justice cool to Siegelman grand jury
By Bob Johnson - AP - 11/11/2007
http://www.journalgazette.net/apps/pbcs.dll/article?AID=/20071103/APN/711030671&template=apart


The chief prosecutor in the corruption case against former Alabama Gov. Don Siegelman says Justice Department attorneys were reluctant to call a special grand jury to investigate the Siegelman administration, as urged by local federal prosecutors.

But Louis Franklin, a career prosecutor in the U.S. Attorney's office in Montgomery, said there was never any disagreement between him and key Justice Department lawyer John Scott on whether there was sufficient evidence against Siegelman.

"It's not that they didn't want to go forward," Franklin said in an interview with The Associated Press. But the Justice Department attorneys who worked on the case, including Scott, did not agree with the decision to impanel a special grand jury.

Franklin said Justice Department attorneys favored continuing the investigation as it had proceeded to that point. He said that would have meant sending FBI agents out to interview witnesses, continuing to collect evidence and, if a case was developed, presenting a summary of evidence to a regular grand jury.

Unlike a regular grand jury, a special grand jury subpoenas witnesses and gathers evidence, ............

Siegelman Key to Reining Rove?
Career Prosecutors Opposed Siegelman Case
by Scott Horton - 31 Oct 2007
http://www.pacificfreepress.com/content/view/1812/81/


From the first emergence of allegations that the Siegelman prosecution was politically motivated, the Bush Administration has rested its defense on a single straw: that the case was brought and carried forward by career prosecutors.

---- That contention has now been dealt a fatal blow by the man who raised it. ----

Throughout the history of the Siegelman investigation and prosecution, the Birmingham News and its cross-state sister, the Mobile Press-Register, both papers tightly aligned with the state’s Republican Party and with Governor Bob Riley, steadily had the inside story ..... Sunday, as prosecutor Louis Franklin gave the Birmingham News a lengthy interview, freely responding to questions which–from the mouths of other reporters–he had consistently refused to discuss.

The interview is clearly designed to plug the holes .... does just the opposite ... Prosecutor Louis V. Franklin admits (1) that the most experienced career prosecutor working with him on the case concluded that the Siegelman case should not have been brought; and (2) that he handled the case hand-in-glove with Noel Hillman, the head of Justice’s Public Integrity Section in Washington, and a man now repeatedly and directly linked to Karl Rove in connection with the prosecution of the case.

But beyond this, Franklin contradicted a series of statements he previously made, doing damage to his credibility. In fact this interview presents Franklin’s third account of what happened, irreconcilable with either of two prior accounts. .....

K & R.

the RNC pull this type of crap over our candidates all over the country.

Why no back up? Why no fight? Why was the election fraud allowed to get WORSE and the RNC's grip over the process allowed to tighten after the hearings on 2000's election fraud?

What the FUCK happened in 2002 and 2004?

Siegelman's status deserves review
Nov 9, 2007 - http://www.tuscaloosanews.com/article/20071109/NEWS/711090301/1027/EDITORIAL


Typically, officials convicted of similar white-collar crimes are allowed to remain free on bail while the appeals process winds through the court. But on Fuller's orders, Siegelman was immediately shackled and hauled away to the federal penitentiary in Atlanta when he was sentenced in June. He wasn't even allowed to tell his wife goodbye.

Siegelman was carted around the country before finally being placed in a federal prison in Oakdale, La., where he is serving a sentence of more than seven years.

Robert Sigler, a retired criminal justice professor at the University of Alabama, told The Decatur Daily that it's "extraordinarily unusual for people like this not to be allowed to remain free and given a reporting date or an appeals bond.

He said it looks like Siegelman was rushed off to prison to ensure that he would receive some punishment, even if his conviction was overturned on appeal. ...

.........

About Karl’s Emails. . .
BY Scott Horton - Nov 13, 2007
http://www.harpers.org/archive/2007/11/hbc-90001668


The Associated Press’s invaluable Pete Yost reports (http://ap.google.com/article/ALeqM5hKKWSY_43nHexg55YcW2X9YXNayAD8SSERKO0) that a federal court has now issued a formal order requiring the White House to preserve a controversial group of emails. ......

The focus here, of course, lies on Karl Rove’s emails stretching back to the outset of the presidency. The White House’s defiance of these requests has taken on more shapes than the monster in “Alien.” .....

Why the commotion? These emails will most likely help to demonstrate the meddling of Karl Rove and his staffers, like the celebrated “mini-Rove” Kyle Sampson, who went on to serve as Alberto Gonzales’s chief of staff before he was forced to resign, Monica Goodling and others, in internal affairs of the Department of Justice. Cross references in other documents already point to a substantial volume of communications on DOJ topics.

The emails are not only relevant to the U.S. attorneys investigation, but also to overtly political prosecutions, such as the Rove-directed prosecution of former Alabama Governor Don E. Siegelman. The Bush Administration’s efforts to hide or destroy these emails continue to make for thoroughly Washingtonian tragicomedy.

Court of Appeals asked to defend Siegelman’s status while appealing
Nov 15, 2007 - Bob Martin, The Alabama Scene
http://www.hartselleenquirer.com/articles/2007/11/15/opinion/oped4.txt


The 11th Circuit Court of Appeals in Atlanta has again asked the judge who sentenced former Gov. Don Siegelman for a more detailed explanation of why he refused to let Siegelman remain free on bond while the former governor appeals his conviction.

In an apparent rush to throw Siegelman in shackles and denying the former governor to even say goodbye to his family following his sentencing, the judge, Mark E. Fuller, a district judge in the Middle District of Alabama, failed to rule on the motion for release, gaveling down Siegelman’s lawyer when she pressed him for a ruling.

*
Siegelman then applied to the appeals court for his release pending appeal, and the appellate judges in reviewing the record, found that Fuller had never even made a ruling on the motion. They sent the matter back .....

"60 Minutes" preparing report on Siegelman case
TUSCALOOSA - Posted November 16, 2007
http://stevensonblog.tuscaloosanews.com/default.asp?item=700943


I'm getting reports from all over that CBS's "60 Minutes" is gathering information in Alabama about the case of incarcerated former Gov. Don Siegelman.

First I got an email from a friend who forwarded another email saying that a women who works for the program had contacted the Alabama Department of Archives and History "in an effort to locate the negative television ads that Steve Windom ran against Siegelman in 2002."

Next I heard from a local political operative that he had been contacted by a "60 Minutes" producer looking for insights into the players in the trial that sent the former governor to federal prison for seven years. There have been at least four such producers working on the story in Alabama the last few weeks he said.

Finally, I got an email from someone who was close to Siegelman and has been working diligently to get him out of prison by any legal means necessary. This is part of what he wrote:

"They started working on it about two months ago. They have conducted some15 or 16 interviews. They have talked to all the lawyers, some family, and have been unable to get permission from Justice to interview Don. .....

A stain on Lady Justice
Nov 19, 2007
Martin, Editor &Publisher

The 11th Circuit Court of Appeals in Atlanta has again asked the judge who sentenced former Gov. Don Siegelman for a more detailed explanation of why he refused to let Siegelman remain free on bond while the former governor appeals his conviction.

.... over a month ago, Fuller sent the appeals court a brief reply saying that Siegelman had not shown that he had a substantial chance of winning his case on appeal. ....

Not satisfied with Fuller's answer, Marcus and Black sent the case back to Fuller again this past week, demanding a more detailed explanation. Such a second request usually means: "Tell us why we shouldn't reverse you."

.....

Questions raised about Judge's business interests

While Judge Fuller was presiding over the Siegelman/Scrushy trial, a business, Doss Aviation, Inc., in which he holds a 43.75% interest as he sits as a federal jurist, received $200 million in contracts from the Department of Defense.

One, a ten-year contract which totals $178.22 million contains an annual renewal clause, which makes his company totally dependent on the U. S. Government, Recently I disclosed this contract, but since then I have found that Doss Aviation added an additional $21 million in DOD contracts during the time he was sitting as the judge in the Siegelman/Scrushy case.

The company also has had other contracts involving the Department of Justice, the prosecutor in the Siegelman/Scrushy case. In all, the federal government has paid Doss over a quarter-billion dollars for contracts over the past seven or eight years. Yet, Judge Fuller, in apparent disregard for any degree of fairness, never disclosed these conflicts .....

As one who's domain is blacklisted, I commented on how long it took me to find Scott Horton's excerllent coverage of the persecution of Don Siegelman. I just found a repeat, today Google brought up another site's mirror of this article w/o showing the original. Just to be sure it's not a Blog issue, I searched blogs too, and it is not there either. I wonder, why is Harpers not coming up in Google search results. Are they blocking the crawlers? Not robots.txt file returned there either. I suppose there is a good explanation, just like why my domain was blocked by the Utah Educational Network. I was told, there is no communist conspiracy by a college president!

=================
U.S. Attorneys Scandal: Removal of Canary Sought as Paulose Resigns
Scott Horton - Nov 20, 2007 - http://www.harpers.org/archive/2007/11/hbc-90001711


Just as the new attorney general has removed the Karl Rove-connected U.S. Attorney in Minneapolis, Rachel Paulose, he has received a request that he take similar steps against the U.S. Attorney who initiated the notorious Siegelman prosecution, Leura Canary.

Alabama’s number one power couple, suggests Time Magazine, consists of Leura Canary, the U.S. Attorney in Montgomery, and her husband William J. Canary, the state’s most prominent G.O.P. campaign advisor. Those on the other side of Mr. Canary’s campaign efforts have a strange habit of finding themselves the target of a criminal investigation led by Mrs. Canary. Conversely, criminal allegations involving Mr. Canary’s clients seem to disappear down a sinkhole located somewhere in Mrs. Canary’s office. (William Canary’s office did not reply to an email requesting comment.)

And now, for the second time in three years, Mrs. Canary is being accused of improperly involving herself in criminal proceedings in which her husband has strong business interests. In a 14-page letter dated November 16, 2007, directed to senior officials in the Justice Department including Attorney General Michael B. Mukasey, Montgomery attorneys Thomas T. Gallion III and Donald R. Jones, Jr. make the case that Mrs. Canary is abusing her office by launching a criminal investigation targeting persons who have recently raised corruption allegations against Alabama Governor Bob Riley and former Lieutenant Governor Steve Windom, clients of her husband. The letter is supported by 79 pages of exhibits.

The Montgomery lawyers state that they gave notice of their intention to take the depositions of Governor Riley, his son Rob, and Mrs. Canary’s husband, William. They were astonished to discover a response from Mrs. Canary in the form of a criminal investigation opened against their client ......

Gallion and Jones write to Mukasey that

It has become apparent that anyone who dares to challenge and/or cross Gov. Riley and any of his political cronies will be investigated and possibly indicted by Ms. Canary. .................

It brings to mind this section from "Alice in Wonderland" :

There's more evidence to come yet, please Your Majesty," said the White Rabbit, jumping up in a great hurry. "This paper has just been picked up. It seems to be a letter written by the prisoner to—to somebody." He unfolded the paper as he spoke and added, "It isn't a letter, after all; it's a set of verses."

"Please, Your Majesty," said the Knave, "I didn't write it and they can't prove that I did; there's no name signed at the end."

"You must have meant some mischief, or else you'd have signed your name like an honest man," said the King. There was a general clapping of hands at this.

"Read them," he added, turning to the White Rabbit.

There was dead silence in the court whilst the White Rabbit read out the verses.

"That's the most important piece of evidence we've heard yet," said the King.

"I don't believe there's an atom of meaning in it," ventured Alice.

"If there's no meaning in it," said the King, "that saves a world of trouble, you know, as we needn't try to find any. Let the jury consider their verdict."

"No, no!" said the Queen. "Sentence first—verdict afterwards."

"Stuff and nonsense!" said Alice loudly. "The idea of having the sentence first!"


"Hold your tongue!" said the Queen, turning purple.

"I won't!" said Alice.

"Off with her head!" the Queen shouted at the top of her voice. Nobody moved.

We've all become Alice, shouting against the injustice and absurdity of it all. It's past time to knock down the house of cards that has been built and right the wrongs that have occurred.

Did Karl Rove “Hightower” Don Siegelman?
Nov 23, 2007 - http://folo.wordpress.com/2007/11/23/jim-hightower-don-siegelman/


Okay, last we Siegelman-case aficionados heard, the lawyers of Montgomery, Alabama, in­surance executive John W. Goff had asked Attorney General Mukasey to “Paulose” Leura Canary, the U.S. Attorney in Montgomery, now that she’s apparently trying to “Siegelman” John Goff. (Yo: at the second link, Scott Horton’s original post has a most interesting update.)

Well now, would you be surprised to learn (h/t to LD) of Siegelman and Goff’s Texas antecedent in the story — an overall story which is, finally, much less about Alabama than about Karl Rove? Writes Lou Dubose in the November 15 issue of the Washington Spectator,

This wouldn’t be the first time that Rove used contacts within the Justice Department to destroy the career of a political adversary. Siegelman’s prosecution bears a striking familiarity to the FBI investigation of Texas Agriculture Commissioner Jim Hightower in 1990, and the conviction of two of his aides.

Like Siegelman, Hightower was the “golden boy” of Democratic politics in his state. Until he decided to run for re-election, Hightower was his party’s best hope to unseat U.S. senator Phil Gramm. He had cultivated a national following, national funders, and was an effective voice for the progressive wing of the national Democratic Party. In 1990, Hightower was an incumbent who couldn’t be beat — until two federal agents .....

...........

left by this administration. This is another fascinating story worthy of much more attention and coverage than it has received. Thanks. I'll have to bookmark this for later. Scott Horton's reporting is superb.