It Does Happen in America; The Political Trial of Don Siegelman

The Justice Department's answer to the accusation that it framed Siegelman is that Siegelman was indicted by career prosecutors and convicted in a fair trial by a jury of his peers. These claims are no more truthful than anything else the DOJ says. Horton reports that career prosecutors advised against the case, concluded it was a political vendetta and walked away from it. Canary's "girls" were "flailing about trying to find loyal troopers who would shut up and do what is expected of them," a category into which Scott Horton says Louis Franklin and his deputy Stephen Feaga fell. The jurors were presented with what Bailey’s and Methvin’s testimony indicates to be Bailey's perjury suborned by the US Attorney's office and misled about what the testimony actually meant.

Horton says the case was "pressed forward with brute political force." According to Horton, Leura Canary refused to recuse herself despite her obvious conflict of interest. After she was forced to recuse herself, she continued to control the case from her office. In Horton's words: "Her husband was managing the campaign against Siegelman and leaks from the investigation were emanating from someone at his address. But beyond this, her husband, Bill Canary, had a long, well established, close working relationship with Karl Rove covering work he did in Washington and Alabama over a period of more than 17 years. Leura and Billy Canary were close friends of, and socialized with, Karl Rove."

On his Bush League Justice program, MSNBC's Dan Abrams reported that a Republican attorney said under oath that "key Republicans on [Republican candidate for governor Bob] Riley's team discussed talking to Karl Rove about the case, quoting one of them who said, "Not to worry, that he had already gotten it worked out with Karl, and Karl had spoken to the Department of Justice.'"

The Bush Justice Department first went after Siegelman during his 2002 reelection campaign. When Siegelman was first elected in 1998, the Republican Alabama Attorney General, William Pryor, began investigating Siegelman. There was nothing to investigate, but his "investigation" was the entry for Leura Canary, who federalized the "investigation." Politically motivated leaks from the "investigation" were used in an effort to defeat Siegelman's reelection.

It almost worked, but Siegelman narrowly won.

Unable to defeat Siegelman even with leaks from a phony investigation designed to smear him, the Republicans decided to steal the election. After all districts had reported the vote count, Siegelman thanked the voters for reelecting him and went to bed. During the night the Republicans, with no Democratic voting officials present, "recounted" the ballots in Baldwin County. Six thousand Siegelman votes that had been reported disappeared in the recount. The next morning Republican Bob Riley declared himself the winner.

The theft was so hastily arranged that the thieves forgot to change any of the other vote outcomes on the ballots. All other races had the same totals as originally reported, a statistical impossibility had there actually been a computer glitch as the election thieves claimed.

The Republican attorney general Pryor refused a recount. The Bush Justice Department and Republican federal judges looked the other way, as did the Republican propaganda sheets that masquerade as news media in Alabama.

President Bush rewarded William Pryor for his service by making him a federal judge in a recess appointment as he could not be confirmed by the US Senate.

According to MSNBC and other reports, a prosecution witness against Siegelman also made charges against Pryor and US Senator Jeff Sessions (R, AL), but neither of the Republicans were investigated.

The case against Siegelman was drawn out in the media for two more years in the hopes of smearing him forever. When Leura Canary's false case was finally brought to court, Federal District Judge U.W. Clemon threw it out of court. Clemon cited an assistant US Attorney and an assistant state attorney general for contempt of court. All charges against Siegelman and his co-defendants were dropped on October 5, 2004.

Vindicated, Siegelman began his campaign for recovering the governorship in 2006. The word came from Washington to "take another look at the case," a phrase that could well be understood as "get Siegelman at all costs." Siegelman was indicted a second time on October 26, 2005, costing him the Democratic primary. The jury twice deadlocked and was twice sent back by Siegelman's adversary, Judge Fuller. With charges of jury-tampering in the air, Siegelman was acquitted of 25 counts and found guilty of "pay for play." Judge Fuller had Siegelman handcuffed and manacled and immediately whisked off to prison for a seven-year sentence. Normally a non-dangerous person is left at liberty while the case is being appealed.

The Siegelman case makes it clear exactly what Bush, Rove, and the disgraced Bush flunky Alberto Gonzales intended by firing the eight Republican US Attorneys. These eight refused to politicize their office by falsely prosecuting Democrats in order to achieve a Rovian political agenda. Apparently, there were only eight honest persons among the 1,200 Republican US Attorneys. Bush, Rove, and Gonzales had no problem with the other 1,192. Professors Donald Shields and John Cragan report that the Bush Justice Department has investigated seven times more Democratic than Republican officials.

Former Alabama Supreme Court Justice Terry Butts said that justice in America today is about political agendas, "not about convicting real criminals." Butts said that Siegelman's attorneys and allies expect reprisals from the US Attorney's office and Alabama's Republican establishment.

Siegelman has been in prison for over a year. His appeal cannot move forward, because Judge Fuller's court has not produced a transcript of the trial needed for appeal. In other words, Republicans are preventing Siegelman from being released on appeal by a higher court.

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