It is the public's trust that is violated by this misconduct. Via Scott Horton:
First, we know that the first two career prosecutors assigned to the case, including the most experience prosecutors who worked on it, came to the same conclusion that Grant Woods did: no reasonable prosecutor would ever have charged this case. The Justice Department has consistently made false statements about the roles of the two earlier prosecutors, and their role only emerged in the last few months. It’s extremely noteworthy that throughout the history of this case, whenever a career prosecutor concluded that charges should not be brought, that career prosecutor ran into a bump in his career and was off the case. The message to the remaining career prosecutors was plenty clear. In fact it is clear that the career prosecutors’ views were overridden by political appointees driven by a strong partisan political agenda.
Second, they claim that the case was brought on a fair reading of the law. It was not, and indeed reasonable career prosecutors never would have acted on the basis of the reading they advanced, and a fair detached judge never would have allowed the case to go forward. This case offered neither.
Third, they claim that evidence was produced to sustain the charges. But the key evidence that the prosecutors brought forward was false, and they knew it was false. In this case proceeding on the basis of that false evidence was a corrupt wielding of prosecutorial power, pursued for a corrupt partisan political end—the elimination of a political adversary. They withheld the Bailey notes which would have demonstrated that his memory on this was conflicted or wrong and would therefore have devastated his testimony. There is mounting evidence that one or more witnesses were unethically pressured to give false evidence or face retaliation.... (emphasis mine)
If this were the sole instance of politicized prosecutorial conduct under the Bush Administration, it would still be a huge problem. But it isn't. Not by a long shot.
Which makes this yet another enormous red flag in a long, long line of systematic perversion of justice and the rule of law in an "ends justifies the means" scheme hatched by the Bush Administration. It reeks. And any decent, upstanding person in this country -- regardless of political affiliation -- ought to be outraged that the mechanisms of their government would be used for such a dirty, appalling political scheme.
To deliberately hold back evidence which is exculpatory in nature, calling into question the fundamental fairness of proceedings, raises serious questions of prosecutorial misconduct. Should it be shown that there was a broad-ranging political conspiracy to misuse the resources of the USAtty's office for political purposes? That the name in the center of all of this fetid, festering scourge is none other than Karl Rove? Well, that's just par for the Turdblossom, isn't it?
Except it can also be criminally and civilly actionable. More sunshine, now...
(YouTube of Queen singing "Liar" live.)
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Whew!
Noted in the last thread, re-stating here. We must investigate the wrongs of the Bush administration and take such action as the law requires, or we betray our children’s trust in our generation.
W’s watch, W’s command.
Worst Generation, anyone?
deep cleansing breaths
So THAT’s what the W stands for!
*g*
and the poor man is still in prison!
This whole thing is yet another infuriating example of why people who do not respect government should never, ever be allowed to run it. They deliberately and meticulously have run into the ground some of the most decent and venerable institutions through wholesale neglect and corruption. And I will be damned if they get to do so without exposure.
And John McCain, on the other hand…no improprieties there!
I would submit that much of this comes down to the vetting process (or lack thereof) of those who select candidates.
Christy,
Can you fill us in on whether the delay in providing a transcript of the trial is prosecutable misconduct on the part of the judge?
So here’s my impolitic Q. What the h is the problem with Siegelman’s lawyers? Why have they not made more progress legally, thru appeals, or thru publicity?
Impeachment, impeachment, impeachment. It’s the only way this crap will ever be resolved.
Yes. And the book/DVD Bush’s Brain interviews two Texas Democrats who served prison terms and had their lives ruined based on very similar charges engineered by Rove.
“politicized prosecutorial conduct under the Bush Administration”
One of the many accolades that Buscho can proudly claim…
Transcript delays happen pretty frequently, so that would be a tough one to push, I think. Can be a problem with a tape or a transcription machine, or a heavy schedule load for the transcriptionist or about a bazillion other legitimate reasons it could be delayed…
Christy- any legal recourse for Siegelman? (sorry if I’ve missed this)
Yes — he’s appealing the conviction, I believe — and if its shown factually that there is prosecutorial misconduct that deliberately overlooked and suppressed exculpatory evidence, he potentially has a civil case like the kids did with the prosecutor on the Duke case (if AL laws allow for it — since I don’t practice in AL, someone local would have to answer for certain on that).
So Christy, is seems to me, the only way to stop current and future politicization of our justice (?) system is to come down hard on the lower level pucks and work up the food chair. In your or your readers opinion what could be done to start ethics investigations of the AG’s involved, disbarment proceedings, State or Federal Statues broken, etc..
That’s how any potential conspiracy case is broken — you start at the lower level and flip your way up the witness chain to the people who came up with the scheme. It takes time, and a lot of digging…and some luck. And, in this case — as in a lot of this sort of thing — perhaps more than a few guilty consciences who are disgusted by this.
The lead prosecutor, Leura Cananry, had one hell of a conflict of interest. The idea that she felt she could prosecute Siegelman while her husband, Bill Cananry, ran Siegelman’s opponents campaign is so far from the Canon’s of Ethics that it boggles the mind. Here is a transcript of last night’s ‘60 Minute’ broadcast. ‘^
wont this case make it to the us circuit court on appeal that you highlighted this weekend–the one where Leahy held the hurry-up hearing for one of BUSHCO’s unqualified judges?
I know. I’m imagining how swiftly and painfully our state bar association would have been in the middle of something like that. Anyone reading here practice in AL that can speak to how things normally work there in terms of legal ethics enforcement? Or recusal complaints — in terms of prosecutors and judges (because there were also conflicts questions about the trial judge here)?
No — Alabama is in a different circuit, I think. 5th Cir. covers TX, LA, and MI, I believe.
Here’s some info on the appeals. I guess the 60 Minutes was the first national publicity except for House Judiciary Committee Hearings on C-Span.
http://www.aladems.org/2008/01/no_good_reason.php
Alabama’s in the 11th circuit…just looked it up to be positive.
Would Siegelman have any potential case in federal court under civil rights law? Does that still exist?
Add to the mix this article by Sandra Day O’Connor in Sunday’s Parade Magazine newspaper supplement on the politization of the judicial system. She starts out saying she isn’t referencing any particular case or jurisdiction.
Why the hell not?
I’m in southeast Alabama. I tried to find the 60 minutes special, but couldn’t. Now I find that some stations blacked it out. Just lovely. I watched it today on CBS’s website.
Re the appeal. That’s been held up since the trial because “the court recorder died”…and no transcript of the trial has been available.
Person or machine?
Don’t expect any of the sunshine to come from the current DOJ or the current Attorney General former Judge from the Southern District of New York Mukasey.
As I pointed out in the last thread, Mukasey and current DOJ are blocking any investigation into the Siegelman prosecution.
There is a parallel situation to the political prosecutions in Alabama in the conduct of US Attorney Christopher J. Christie in New Jersey.
this may have been posted but the whole piece is here
http://tpmmuckraker.talkingpoi.....ad_283.php
It is, quite simply, beyond appalling what these asshats have tried to do to the rule of law. Just infuriating…and it is going to take generations to reverse all of this damage, if ever.
Yep — I linked that above…
person
Also, again for everyone — here’s the 60 Minutes page on this story, including the entire piece as well as an extended “Reporter’s Notebook” piece as well.
Lindy — do you happen to know what sort of mechanism was used to do the trial reporting: spoken voice recorder, punchpad, or handwritten shorthand? Every courtroom has it’s own method, I’ve found, but most are done in such a way that someone else can transcribe if need be — for obvious reasons, you need back-up in case of a situation like this where the court reporter passes away. I haven’t been able to find any particular information on the method used there, and wondered if there had been in local reporting on that?
Does the fact that this was a federal case and not a state case, and thus led by federal prosecutors affect the way in which the state bar may or may not be able to deal with prosecutorial misconduct?
IANAL, but it seems to me that the two basic oversight mechanisms for federal prosecutors are within the DOJ (such as the Office of US Attorneys, Office of Professional Responsibility, or Office of the Inspector General) or up on Capitol Hill (especially the Senate Judiciary Committee).
We all know how much luck we’ve had getting anywhere with the DOJ when it comes to oversight, so that leaves Congress.
Paging Pat Leahy . . .
It can — and there are internal mechanisms by which the DOJ is supposed to look into this sort of thing. But those attys would have to be licensed by the state bar association to practice there and, thus, misconduct would also have a layer of state bar oversight as well. At least, I would think so — perhaps LHP can weigh in if she gets time at some point on that one from her AUSA days.
Cause of death determined?
Thanks, Christy, for writing up this important story. I’m hoping we in the blogosphere get this miscarriage of justice wide exposure and public awareness.
No, but I’ll see what I can find.
I was wondering about the star witness for the prosecution, Nick Bailey, who is also in jail. Was his conviction also political? Did they start with him to get to Siegelman?
Thanks, Lindy — I’d really appreciate it. It’s one of those things that is easier to find out locally if you know folks who work in or around the courthouse, I would think — at least, that’s how it would work here. And I thought maybe some local reporter might have dug around on that issue and gotten some answers. Really appreciate you looking — let me know if you hear anything!
My favorite thing about FDL! The open coordinated efforts of people pulling resources together. :)
Via Legal Schnauzer
updated 1 hour, 38 minutes ago
WASHINGTON - Job growth is faltering, consumer confidence plunging. The fallout from the worst housing slump in a quarter-century grows. Wherever you look, the signs are unmistakable that the economy is in trouble.
Because of all the bad news, more and more economists foresee the country falling into a recession, according to the latest survey by the National Association for Business Economics.
The group said in a report being released Monday that 45 percent of the economists on its forecasting panel expect a recession this year
Not in AL and no experience with it, but the reason that the insider affadavit was given was that she contacted the AL ethics committee - actually IIRC not about this Siegelman stuff directly, but about something worse that she had been asked to do later that she felt very uncomfortable about, and in recounting everything to them, as the story broadened out to how she came to be asked to do what she was contacting them about, the Siegalman stuff came out as well and because of his criminal conviction the ethics committee supported her in the decision that she should come forward with her story.
But I think they are in he said/she said land to a certain extent to actually undertake disciplinary action.
So far at least.
I updated my scandals list entry on the Siegelman case in response to the CBS story. I remember someone suggesting Siegelman as an item for my list. Initially, I thought this was about a crooked Dem who got caught. But when I started reading about the case, it quickly became apparent that not only was the prosecution politically motivated but that it was one of the most egregious examples of prosecutorial misconduct that I had ever seen or heard about.
So the cause of death has not been released apparently?
Very much OT. A look inside the snake-infested thing they call a mind.
http://www.multimedia-interact.....59#p122959 (Rated R for repellant)
My comment is at the bottom.
Hartmann is talking to Larisa about case
http://www.airamerica.com/listen/
RICO this whole administration.
Christy I don’t know if that’s entirely true. I remember Fitz testifying in the Lynn Stewart case and he was asked if he was a member of the bar and he said only in NY. That because he’s a federal prosecutor he was not required to become a member of Illinois bar when he became the USA there.
But perhaps that rule is only for USA’s, not AUSA’s?
Three US Senators ask President ex Generale- MUSHIE to step down. Mushie says “Thanks for the cool advice but no thanks”.
My relationship has generally been with AUSA’s — and they generally are licensed in the state in which they practice unless they are brought in for special purposes as an outside counsel. May be different for a USA — which is why I’m hoping LHP can get some time to speak to this, or some other former AUSA/DOJ employee who might know. We have several who read here, so if anyone can pipe in with an answer, I’d appreciate it!
It’s time to go back and read BUSH’S BRAIN. The whole story has been perversion of justice, in Christy’s words.
I thought originally this was a State case, but no State Laws were broken. Additionally the DoJ historically stayed away from this type of case. Am I correct?
It’s a federally prosecuted case — the USA in question’s husband was running the campaign of the defedant’s gubernatorial opponent. One of the many, many reasons this particular USA’s office should have stayed out of it. (Or at least, why she should have recused herself from consideration of the case altogether for appearance of impropriety considerations.)
1,768 DAYZ AND THE KILLIN’ GOEZ ON AND ON AND…
Citizen Hardin Smith and the Firepup Freedom Fighters:
Great post, great “60 Minutes”…but simply “more sunshine” won’t solve the problem. The institutions of justice and the law have been so corrupted, with the active complicity of the Democratic Party hierarchy, from the federal courts, to the federal prosecutors to the very laws that enable corrupt legal administrators to continue unlawful practices lawfully, that I’m afraid that there is no political solution. And in a democratic system, the people’s voice thru politics is the only answer to corruption allowing state administrators of the law to use the tools provided through the institutions of justice to excise the corruption.
Our system of justice has for 200 years been balanced precariously over a struggle between the powerful and the powerless to implement equal rights and protection under the law. The institutions of justice from the Supreme Court through the federal court system to the Department of Justice have, for the most part, remained inviolate and though not perfect have been able to self correct in response to judgements of history thru politics and even civil war. This is no longer the case. With the packing and packaging of the Supreme Court, it is now impossible to rid the institutions of the corruption that has killed justice in our country. Furthermore, even if we were to elect an administration that had the political chops to cleanse the Justice Department and force the purging of the federal judiciary including the Supreme Court, the legal ideology of fascism has been legitimized through the acceptance of these fascist appointees so the terrible, ugly beast of corrupted justice is always just under the surface.
We’re truly fucked here…the struggle for justice and the extension of democracy is over unless we finish what the great radicals of Reconstruction started. The power of the corporation has corrupted every institution of political democracy and over the last 130 years reCONSTRUCTED the antebellum nightmare of American society.
KEEP THE FAITH AND PASS THE AMMUNITON AND DON’T BE AFRAID TA USE IT!!
On reconsidering the subject of the thread, maybe my comment isn’t so off-topic.
Christy - I thought of you as I watched the 60 Minute report on Siegelman last night. I expected you to take up this cause. Thank you.
We used to prisoners like Siegelman not just a miscarriage of justice but a political prisoner. Political prisoners end up in prison on trumped-up charges by those in political power. The parties involved have a serious conflict of interest in putting together the trumped up charges. How else could they do it?
Before the Internet and blogs we depended on advocates like Bob Dylan to pen and sing the “misjustice” until it rang across America and thousands demanded a fair trial. It worked but it was slow. Many other political prisoners were missed.
How can we take this beyond our own discussion and turn it into a cause like Rubin “Hurricane” Carter? What can we do to be active advocates to keep a spotlight on Singelman?
just got here and don’t know if this was asked before, but can we petition 60 minutes to rebroadcast the episode in the areas that were blacked out?
I would think they would LOVE to do that, it would be GREAT free publicity, and it would promote this piece to pulitzer status
if the cbs franchise won’t broadcast the episode, I think it would be well within 60 minutes contractual obligatios to broadcast the episode on another station
would love to hear some lawyers take on this and I wonder if anyone has the ear of the executives at 60 minutes
Without the whole set of facts and circumstances involved, they can’t prosecute. Hence the need for more sunshine. I’m interested in them upholding the rule of law here, first and foremost. And to do so, they need to uncover every festering bit hiding in every nook and cranny…and expose it to the public sunlight.
Amen.
In my comment, the “whole story” refers to the entire Bush’s political career, starting with Gov. of Texas.
Looks like Scott Horton will be on at 4 pm ET to discuss this case on Air America — Sam Seder’s hosting for Randi Rhodes today…
blacking this piece out is right along the motus aperendi of these fascists;
the more exposed they are, the more brazen they become
this time however, that brazen behavior might be the poisen pill…this time they might have gone too far
kkkrl rove needs to be in jail as an enemy of this state
EWWWW!
Why did Rush Limbaugh’s ass boil just come to mind?
Brain Bleach!
WHY IS IMPEACHMENT OFF THE TABLE?
Who took it off? Where are they? Hey, it’s my TABLE!!!!!
sorry for shouting….
Has the house judiciary committee taken a serious look into this case?
I don’t know if this has come up before but if Obama wins in November (be still, my beating heart), or even if Hillary were to win, I think the best nominee for USAG would be Patrick Fitzgerald. His integrity is needed to restore some confidence in the system, and clean it up. He’d be a bulldog on this stuff.
the table is set, yet they will not serve
they have renegged their oath of office and I want pelosi dismissed from her seat in power the very next election cycle
Here’s some reporting from The Hill on the little bit that’s been done in House Judiciary on this.
Hi folks—
Off-topic (sorry)
Was looking for information regarding retroactive immunity for the bush administration regarding war crimes—
here’s part of this bill;
“SEC. 7. REVISIONS TO DETAINEE TREATMENT ACT OF 2005 RELATING TO PROTECTION OF CERTAIN UNITED STATES GOVERNMENT PERSONNEL”
“SEC. 8. RETROACTIVE APPLICABILITY.
This Act shall take effect on the date of the enactment of this Act and shall apply retroactively, including–
(1) to any aspect of the detention, treatment, or trial of any person detained at any time since September 11, 2001; and
(2) to any claim or cause of action pending on or after the date of the enactment of this Act.”
Thanks for any info—-
holy crap, we can NOT allow that bill to cross
Christy, was this a bill or did it become Law?
well, as I supposed, mccain will NOT be the GOPer this election cycle;
that’s on think progress at top right now
And you’ll expect the next leader to do what, exactly? You can pressure all you like, but the House teeters on a 14 vote margin controlled by Blue Dogs who aren’t budging.
Better to direct your irritation at electing more and better Democrats who will do the necessary work…than gripe about the ones who are trying to work around the obstructors. Because then we actually see along-term improvement for all of us.
No idea.
You seem to be especially chipper even though you stayed up late watching the Oscars.
Did you manage to see the whole thing?
My bad. Should have been addressed to Ticktock
if they next leader campaigns to visit the issue then that’s the politician I will support christy
I understand what you are saying but we can do both, it surely looks like pelosi is in bed with this administration and I don’t think it’s a good idea to have another lieberman calling themselves a democrat
Thanks Redd,
Wonder why Conyers has so little interest in this issue?
I believe this may be pertinent:
http://209.85.173.104/search?q.....=firefox-a
The key is Senator Leahy…
What better time then today after 60 Minutes revelations…
Have the Senate approve contempt charges for Rover, et.al
A month ago…
“I have given the White House’s claims of executive privilege and immunity careful consideration,” Leahy wrote in a formal ruling on the subpoenas. “I hereby rule that those claims are not legally valid to excuse current and former White House employees from appearing, testifying and producing documents related to this investigation.”
Are you saying that Pelosi’s a Lieberman? She has one of the most liberal records in the house? I don’t get it.
I hope the Siegelman case doesn’t turn into lawyers going into abstract discussions on facts and what is admissible and what isn’t. Siegelman’s six year term could be up before anything is done. Lawyers are necessary but equal to lawyers is the advocacy of lay people. They can be a powerful force that builds and applies pressure until something is done.
Why does the argument shut down when the person who acts as witness has a conflict of interest? When the person says conflict of interest is not an issue in their case, the argument stops. Why? This isn’t he said/she said. Conflict of interest is the same for everyone. You are too close to the source.
I don’t understand why she has impeachment off the table is what I am saying, her reasoning makes no sense what so ever, it doesn’t matter if we have the votes, the trial must take place and the crimes must be visited
by the way, I didn’t know she has the most liberal voting record, I don’t track voting records I pretty much rely on you guys here at the lake
so and I cannot possibly say she’s another lieberman, my bad
Sure, that’s why she’s spent the last two weeks working her ass off along with Conyers and Hodes and many, many others, to hold the Dem caucus together — including the feckless Blue Dogs — on the FISA issue. Because she’s just in bed with the Bush Administration.
Honestly, can we all stop shooting at ourselves with overly broad generalizations and realize, just for a tiny moment, that we may not publicly know every little argument thathas gone on behind the scenes? Just for a single day can we be realists about how complex the process is right now in DC with a President who could give a flying fuck about whether he rips the government apart to salve his own ego and a Veep who just wants to grap the reins of power outright and damn the consequences?
off to work, see all later
Sorry — not following what you are trying to get at here.
I think she said that impeachment was off the table because she thought that it would help to win back the house…We won back the house- so her position was validated to that extent. Some would argue that we could have done as well without her comment. We’ll never know. He motivation, however, was pretty clear it seems to me- to win back the house.
the stench that comes from political circles is overwelming. why haven’t the schemes of yesterday and today been exposed to the point of no return? information about the nefarious actions of these members is so available. the democratic house has refused to take action even though john conyers ran on impeachment. really, what is going on here? the people better get their asses in gear. it appears even when we demand an investigation, they white wash it. how do we break the chains?
1,768 DAYZ AND THE KILLIN’ GOEZ ON AND ON AND…
Citizen pajarito and the Firepup Freedom Fighters:
“Why is IMPEACHMENT of of the table?”
Yes indeed…the best expample of the corruption of corporate fascism is the dinner Mrs. Pelosi and Mr. Reid had at the White House just before Pelosi issued her famous edict. Everything that has been accomplished by the fascists from the election results of 2000 thru the telecom immunity mess has been enabled or legitimized by the corporate Democrats in leadership includin’ Mrs. Clinton.
KEEP THE FAITH AND IMPEACH EM ALL…AND REMEMBER THAT ALL FASCISTS DON’T CALL THEMSELVES REPUBLICANS!!
Hi Christy—
Off-subject—(sorry)
Please verify that bill that apparently has a secret clause to allow Bush retroactive immunity from war crimes “Terrorist Tribunal” Act which was in the “Military Commissions Act of 2006″…
thanks so much…
No idea what you are talking about. Sorry. Really folks, I’m not some sort of legislative encyclopedia — it does actually take me quite a bit of time to research the things I write…so you’ll have to give me time to look that up. Do you have a particular bill number from whence that purports to come?
1,678 DAYZ AND THE KILLIN’ GOEZ ON AND ON AND…
Citizen Hardin Smith:
Could you give us an update on Senator Leahy’s strange actions durin’ recess with regard to hearings for the Bushco nominees?
KEEP THE FAITH AND KEEP UP THE GOOD WORK…BUT LAWYERS AIN’T GUNNA BEAT THESE BASTARDS!!
Today’s local gooper rag FILLED with op/eds offering obits to the Clinton campaign- led by Novak…..Goopers seem to be VERY eager to begin shoveling dirt on her campaign- afraid that she may rise again. Many dems seem to share the sentiment. I find that interesting.
Norske — I’d love to, but I’ve spent the morning fielding questions about Siegelman and impeachment and legislation about which I’ve heard nothing. Soon as I’ve dug up anything new, you know I’ll let you guys know.
Truly, I try and provide instantaneous answers to things whenever possible, but unfortunately, it generally takes more time than a coupla hours to research this stuff. Especially when I’m dealing with a whole lot of folks who are fielding calls and e-mails on a Monday in between trying to get their work done just like I am…and everyone else. Because, frankly, Mondays just suck, don’t they?
I realize what I’m asking and please take your time if you can…
it’s appreciated…
I’m still looking for the bill saw a segment on Cafferty I believe on 10/7/2006—-
Will get back to you if I find any more information…