Siegelman Appeals Ruling Raises Question--When, Exactly Do The Dems Go On Offense???

by: Paul Rosenberg

Sat Mar 07, 2009 at 20:53


The appeals court ruling that upheld most of the charges against former Alabama Governor Don Siegelman has drawn critical commentary from Scott Horton at Harpers and emptywheel at FireDogLake, both worth reading in their entirety.  

In particular, Scott notes:

nearly all the disclosures that undermined confidence in the fairness of the Siegelman trial occurred after the trial record was closed-and none of these disclosures were examined by the Court of Appeals. Even though the appeals court looked into jury misconduct, it did not have before it the much more powerful evidence of misconduct that a whistleblowing member of the prosecution team subsequently disclosed to the Justice Department-because the Bush Justice Department, in violation of its plain ethical duties, chose to keep all of that secret. So although an appeal has been taken and resolved, not one of the truly significant issues with the Siegelman case was ever briefed or argued. That remains for the future.

emptywheel is more specific:

But note, in particular, the centrality of Nick Bailey's testimony in the Court's decision to uphold most of the convictions.

That's important because--as 60 Minutes reported on its piece on Siegelman--there are allegations Prosecutors coached Bailey's testimony and then did not turn over notes from that coaching to Siegelman's defense team to use to impeach Bailey

And then goes on to quote from a previous post by Horton back in last July.  The upshot is that this ruling has barely scratched the surface of the wrongdoing alleged in this case.

Paul Rosenberg :: Siegelman Appeals Ruling Raises Question--When, Exactly Do The Dems Go On Offense???
emptywheel quotes from the part of Horton's post that deals with the witness "coaching"--a term that badly trivializes apparent prosecutorial that sounds much more like systematic tampering to me.  But see what you think (emphasis added):

Back on February 24, CBS News's Sixty Minutes aired a story on the prosecution of the Siegelman case that contained two bombshells. CBS interviewed Nick Bailey, the former Siegelman aide whose testimony literally sent Siegelman to prison. Bailey told CBS that he was coached and cajoled by prosecutors with more than seventy interviews during which he acknowledged that he didn't recall key points at which they demanded that he testify. He was also coached to write down testimony in the form the prosecutors wanted it, doing so repeatedly until the story was recounted to their liking. I verified this account by interviewing the two individuals who interviewed Bailey on behalf of CBS News. Subsequently I identified another individual who had spoken with Bailey and received the same account from him.

So "Coaching" or "Tampering"?  Not asking for a legal opinion, mind you.  Just a plain old ordinary citizen-of-the-realm gut-check. What does that extreme level of micro-managing sound more like to you?

However, Horton's post was framed much more broadly in terms of former Attorney General Michael Mukasey's political stonewalling on the case.  It begins:

When Attorney General Michael Mukasey appeared as a nominee before the Senate Judiciary Committee, senators led by New York's Chuck Schumer expressed their concern about the highly suspect prosecution of former Alabama Governor Don E. Siegelman.  The questions have continued through almost every appearance that Mukasey has made before both the House and the Senate.  Mukasey has persistently refused to provide answers. First, he suggested that the case is something that he can only look into later, after an appeal is completed.  But later, as allegations heated up, Mukasey used a standard dodge in his public statements-advising that an internal investigation is underway and that he will share the results with Congress before he leaves office.

Recent developments, however, cast strong doubt on the bona fides of the purported internal investigation.  During yesterday's hearing in the Judiciary Committee, Congressman Artur Davis asked Mukasey to explain why prosecutors handling the case-already the target of numerous credible charges of misconduct-engaged in improper ex parte dealings with the trial judge, Mark Everett Fuller, and conducted a separate investigation into a juror in violation of an unequivocal trial order.  As usual, he didn't get much of an answer.

The reality of this case is that it's just one part of a much, much larger pattern--and I'm not just talking about the US Attorneys scandal.  That scandal itself is just one aspect of the Bush Administration's multi-faceted corruption of the judicial system.

The problem with the Democrats is that they don't even seem to vaguely grasp the sheer magnitude of what the Republicans have done.  They're like parking cops giving out tickets to mass murderers and war criminals.

Siegelman was targeted because Rove and the Republicans couldn't defeat him at the polls.  Other US Attorneys were sacked because they wouldn't trump up voter fraud cases.  Voter fraud cases were trumped up to legitimate voter suppression of minority voters. And the GOP has been doing minority voter suppression for decades on end.

It's unclear, at present, if this connects directly to the outing of Valerie Plame, or only incidentally, as Rove is implicated in both.  And the Plame case is connected to the original fraudulent documents used as one of many deceptive means to take us into an illegal war against Saddam Hussein's regime--a regime that was the sworn enemy of those who attacked us on 9/11.

In short, the big picture here is that there's simply no place where GOP criminality leaves off and "normal" policy begins.  It's all shot through with criminal intent.  And the enormity of what the Republicans have done is simply too much for the Democrats to want to deal with.  It's just too big.  The "sensible center's" knee-jerk response would be that it's simply preposterous to think that anything so massive as this sort of systemic lawbreaking could take place.  It's just crazy talk.  And, of course, the Versailles Dems are petrified of being looked at cross-eyed, much less being called "crazy."

But that's what's going on here: a decades-long criminal conspiracy that inextricably bound up with central aspects of Republican electioneering on the one hand, and governance on the other.  And Don Siegelman--former governor though he may be--is just one little man caught up in the machinations of this long-running criminal enterprise.

When, oh when, are the Democrats going to stand up and return fire against this gang of criminals?


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It's preposterous... (4.00 / 6)

 ...that elements like Karl Rove and Harriet Miers get to "negotiate" the terms of their testimony, as if they had any say in the transaction. But the Democrats are such jellyfish that that's exactly what's happening. I just wish that one of the baseball players caught up in the steroid controversy had had the stones to send Congress his regrets and tell them, "I'll honor my subpoena when Karl Rove honors his." (If Marvin Miller, God bless him, were still running the players' union, that very well could have happened -- and the Curt Flood that would have emerged would not just have liberated baseball players, but the whole country's justice system.)

  Given the space pro athletes occupy in our culture, THAT would have moved the discussion forward like nothing else.

  Either the law applies to all of us, or it applies to none of us.

  And it's doubly telling that the Democrats won't even protect one of their own when it happens to be a southern conservative -- the type of Democrat that's usually deified by the media and the party structure.

  This is part of a broader pattern of Democratic cowardice at the foot of the right-wing mindset. If the Obama administration wants to avoid becoming a mere interregnum, it's time to get aggressive.

  Nice guys finish last.  

"We judge ourselves by our ideals; others by their actions. It is a great convenience." -- Howard Zinn


The Contrast With The Steroids Investigation Is Indeed Striking (4.00 / 1)
It leads me to wonder if there weren't some comparable investigation into questionable practices among the gladiators as Rome was falling off a cliff.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3

[ Parent ]
Wasn't there a piece on The Nation blog this week (0.00 / 0)
which examined the DoJ/Congressional fiasco over steroids?

Yeah. Here it is.


[ Parent ]
Something between a congressional investigation (4.00 / 2)
and a Presidential pardon seems necessary. Why isn't this a part of the overall congressional investigation into the politicization of the Justice Department. I agree with the base assumption. Democrats needn't be driven by any sense of protecting one of their own from outrageous wrongful conviction, or even a "band of brothers" mentality that refuses see one of their own imprisoned by far right ideologues like a war prisoner. They just have to apply the laws of the land to protect any citizen, so as to prevent.. well this!

They identified him as a target, slandered him, abused justice department powers and held a kangaroo court for political ends. This is the entirety of the role of evil government that 'conservatives' pretend to care about. They are all also illegal as hell, and people should go to jail.

Hind legs are for standing up. After one stands, then one realizes they are actually not hind legs, you are not supposed to be prone on the floor, you have only two legs and an honourable person only has two legs.

Change
"We must break up the banks and never again let them get so big that they distort our politics and take down the economy.


I say just a presidential pardon (4.00 / 3)
If Obama got up on tv, made the case for pardoning Siegelman, talked about the politicization of the DOJ, and announced a plan to deal with it - the Republicans would squawk but I don't think it would do any good for them.  There are plenty of Republicans out there who could speak to this issue eloquently to rebut the charge that this was a partisan ploy.

As for a congressional investigation, a first step towards impeachment for those who abused their own power in the DOJ to influence elections is one way to go. It would eviscerate claims of executive privilege, and is exactly the kind of thing that impeachment is designed to deal with.  The point would not be to say we are impeaching, only opening an inquiry - not unlike a grand jury investigating a crime before deciding to indict. (They could appoint a Republican in the Fitzgerald model to help the committee do this.)

Regardless of method, rejecting the culture of callowness is the way to go - nothing undermines the Democrats politically as much as the sense that their officials convey that they are not willing to stand up for their principles.  Taking loud principled stands on issues (especially ones, like respect for the law) is good politics (aside from also being the right thing to do.)  

Support a Pennsylvania Progressive for Governor - Joe Hoeffel


[ Parent ]
Siegelman ain't taking a pardon... (0.00 / 0)
If you take a pardon, you have to admit guilt for the crime. There's no way in the world Siegelman does that...because he isn't guilty!!!

[ Parent ]
Huh? (0.00 / 0)
Why would you have to admit that? Did Nixon? Casper Weinberger?  

Maybe I'm missing something, but I've never heard of any such a requirement.  

Support a Pennsylvania Progressive for Governor - Joe Hoeffel


[ Parent ]
Never.... (0.00 / 0)
When, oh when, are the Democrats going to stand up and return fire against this gang of criminals?  Never.  They would rather "look forward" and prove one more time why this country desperately needs a third party.   Our political system is broken.  

They're asking for another four years -- in a just world, they'd get 10 to 20. ~~ Dennis Kucinich  

I find Dims damned offensive pretty much all the time... (0.00 / 0)
I find gutlessness, fecklessness, and uselessness in 'elected' officials to be offensive wherever I discover it.

But prob'ly that's just me, right?

I would be utterly astonished if "El Papa del Esparanza" ("the Pope of Hope") found within himself the stones to actually do the right thing viz Siegelman. I am not going to hold my breath, because it wouldn't be "prudent," it migh be "divisive," and besides it'd be sure to piss off somebody with A LOT of money...


It may be shot through with criminal intent (0.00 / 0)
But there are many, many pieces to it. The GWOT criminal prosecution/T&R commission will require so much energy and thought that the other malfeasance by DOJ will be up to Holder to clean out. And this case, barring a pardon as mentioned by the other commenter which Obama is not likely to do because it has overtones of Chicago and things which Sen. Burris may or may not have done, may be through. You probably saw bmaz's comment that there is little hope that Siegelman can wangle himself a new trial even with the new information that has come out, even though he may have a case. And there is little hope because we had Republican dominance of who was appointed to the bench, and the voters knew that is what they were getting.  

Darkness has a hunger that's insatiable, and lightness has a call that's hard to hear.  

Paul cited EW (0.00 / 0)
I am proud.  

Darkness has a hunger that's insatiable, and lightness has a call that's hard to hear.  

[ Parent ]
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