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March 1, 2008 at 13:17:40

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

by Paul Craig Roberts     Page 1 of 3 page(s)

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Don Siegelman, a popular Democratic governor of Alabama, a Republican state, was framed in a crooked trial, convicted on June 29, 2006, and sent to Federal prison by the corrupt and immoral Bush administration.

The frame-up of Siegelman and businessman Richard Scrushy is so crystal clear and blatant that 52 former state attorney generals from across America, both Republicans and Democrats, have urged the US Congress to investigate the Bush administration's use of the US Department of Justice to rid themselves of a Democratic governor who "they could not beat fair and square," according to Grant Woods, former Republican Attorney General of Arizona and co-chair of the McCain for President leadership committee. Woods says that he has never seen a case with so "many red flags pointing to injustice."

The abuse of American justice by the Bush administration in order to ruin Siegelman is so crystal clear that even the corporate media organization CBS allowed "60 Minutes" to broadcast on February 24, 2008, a damning indictment of the railroading of Siegelman. Extremely coincidental "technical difficulties" caused WHNT, the CBS station covering the populous northern third of Alabama, to go black during the broadcast. The station initially offered a lame excuse of network difficulties that CBS in New York denied. The Republican-owned print media in Alabama seemed to have the inside track on every aspect of the prosecution's case against Siegelman. You just have to look at their editorials and articles following the 60 Minutes broadcast to get a taste of what counts for "objective journalism" in their mind.

The injustice done by the US Department of Justice (sic) to Siegelman is so crystal clear that a participant in Karl Rove's plan to destroy Siegelman can't live with her conscience. Jill Simpson, a Republican lawyer who did opposition research for Rove, testified under oath to the House Judiciary Committee and went public on "60 Minutes." Simpson said she was told by Bill Canary, the most important GOP campaign advisor in Alabama, that "my girls can take care of Siegelman."

Canary's "girls" are two US Attorneys in Alabama, both appointed by President Bush. One is Bill Canary's wife, Leura Canary. The other is Alice Martin. According to Harper's Scott Horton, a law professor at Columbia University, Martin is known for abusive prosecutions.

What was the "crime" for which Siegelman and Scrushy were convicted? Scrushy made a contribution to the Alabama Education Foundation, a not-for-profit organization set up to push for a lottery to benefit secondary education in Alabama, to retire debt associated with the Alabama education lottery proposal. Scrushy was a member of Alabama's Certificate of Need board, a nonpaid group that oversaw hospital expansion. Scrushy had been a member of the board through the terms of the prior three governors, and Siegelman asked him to serve another term.

Federal prosecutors claimed that Scrushy's contribution was a bribe to Siegelman in exchange for being appointed to the Certificate of Need board. In the words of federal prosecutor Stephen Feaga, the contribution was "given in exchange for a promise for an official act."

Feaga's statement is absolute nonsense. It is well known that Scrushy had served on the board for years, felt he had done his duty, and wanted off the board. It was Siegelman who convinced Scrushy to remain on the board. Moreover, Scrushy gave no money to Siegelman. The money went to a foundation.

As a large number of attorneys have pointed out, every US president appoints his ambassadors and cabinet members from people who have donated to his campaign. Under the reasoning applied in the Siegelman case, a large number of living former presidents, cabinet members and ambassadors should be in federal prison--not to mention the present incumbents.

How in the world did a jury convict two men of a non-crime?

The answer is that the US Attorney used Governor Siegelman's indicted young assistant, Nick Bailey, to create the impression among some of the jurors that "something must have happened." Unbeknownst to Siegelman, Bailey was extorting money or accepting bribes from Alabama businessmen in exchange for state business. Bailey was caught. Presented with threats of a long sentence, Bailey agreed to testify falsely that Siegelman came out of a meeting with Scrushy and showed Bailey a $250,000 check he had accepted in exchange for appointing Scrushy to the Certificate of Need board. Prosecutors knew that Bailey's testimony was false, not only because, according to Bailey himself, prosecutors had Bailey rewrite his testimony many times and rehearsed him until he had it down pat, but also because they had the check. The records show that the check, written to a charitable organization, was cut days after the meeting from which Siegelman allegedly emerged with check in hand.

It is a crime for prosecutors to withhold exculpatory evidence. The Washington Post reported on February 26 that Siegelman's attorneys have called for a special prosecutor after CBS quoted prosecution witness Bailey "as saying prosecutors met with him about 70 times. He said they had him regularly write out his testimony because they were frustrated with his recollection of events. The written notes, if they existed, could have damaged the credibility of Bailey's story, but no such notes were turned over to the defense, as would have been required by law."

In video documentaries available online, Bailey's friend, Amy Methvin, says that Bailey told her that he was going to parrot the prosecutors' line, "pay for play," "quid pro quo." Methvin says Bailey went into a speech about money exchanged for favors. "You sound like a robot," Methvin told him. "You would have it memorized, too, if you had heard the answers as many times as I have heard the answers," Bailey replied.

The prosecutors also had help from some jurors. On a WOTM Special Report hosted by former US Attorney Raymond Johnson, Alabama lawyer Julian McPhillips produced emails from two jurors about influencing other jurors in order to achieve a conviction. Jurors are not supposed to discuss a case outside the court or to consider information other than what is presented in court and allowed by the judge. The outside communication among the jurors is sufficient to declare a mistrial.

However, Federal District Judge, Mark Fuller, a George W. Bush appointee, ignored the tainted jury. Fuller's handling of the case suspiciously favored the prosecution. He bore a strong grudge against Siegelman. Fuller had been an Alabama district attorney before Bush made him a federal judge. Fuller's successor as district attorney was appointed by Siegelman and produced evidence that suggested that Fuller had connived with his former senior assistant in a "pension spiking" scheme, which some viewed as a fraud or attempted fraud against the state retirement system.

Despite his known animosity toward Siegelman, Fuller refused to recuse himself from Siegelman's trial. According to the WOTM Special Report, Fuller owns a company that was receiving federal money during Siegelman's trial. Fuller did not disclose this conflict of interest. The charges raised by 60 Minutes cast the trial as Karl Rove's effort to rid the Republicans of the candidate they could not beat. The strange conduct of the presiding Republican judge, who had recently become a rich man as the company he owned was awarded a mass of discretionary federal contracts, only raises more very troubling questions.

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Paul Craig Roberts, a former Assistant Secretary of the US Treasury and former associate editor of the Wall Street Journal, has held numerous academic appointments. He has been reporting shocking cases of prosecutorial abuse for two decades. A new (more...)
 

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10 comments


It does happen in America

What I find most troubling is the total lack of coverage of the Don Siegelman case in the mainstream newspapers.  Google Don Siegelman, Newspapers and see what you get.  There was a time when a story like this would be front page news in every major newspaper around the country.  Today, not a peep, not a whisper.  This is an extremely serious charge of "abuse of power" and corruption of the justice system and the mainstream media would rather cover celebs in trouble than a Nation at risk.  No wonder alternative sites are the main form of information for the US public today.  To bad there are not more people listening to something other than Fox News and reading their local newspapers.

by Peter Wedlund (3 articles, 0 quicklinks, 0 diaries, 211 comments [7 recommended, 0 rejected]) on Saturday, Mar 1, 2008 at 1:59:35 PM

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George "Johhny Friendly" Bush and the Mafia Culture

Bush, the all-American Cheerleader, who comes across as the down-home country-boy and pretend Texan, always talks as if he has your best interests at heart, and even likes to give you gifts, like rebates, to keep you beholden and thankful, all the while he and his henchmen, just like Johnny Friendly in On the Waterfront, runs their rackets, not merely on the waterfront, but on the homefront, and across the globe, one of his key rackets being jimmying the legal system so that it serves cronies and syncophants, and not any measure of justice.

This is how it is in Fascist Third World countries, where there is no justice, just bribery, power and fear. Throw Johhny Friendly and his Mob Party in the river now, before they screw us all.

by Mac McKinney (53 articles, 113 quicklinks, 240 diaries, 1413 comments [31 recommended, 0 rejected]) on Saturday, Mar 1, 2008 at 4:05:58 PM

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The wrong people are in prison

It looks like the wrong people are in prison, unfortunately, the ones with the power, the ones that should be in prison are this nations leaders.

Time for a change?  Seems like it will take more than a little change... and meanwhile those perpetrating and abusing power walk away without so much as an investigation into their wrong doings.

This President and his administration have had plenty of time to destroy all the evidence - maybe the public should begin a trial...  in a new system of justice. 

Rove should go away for a long time for his abuses of power - but will there ever be an investigation and trial? 

by August Adams (11 articles, 0 quicklinks, 1 diaries, 585 comments [11 recommended, 0 rejected]) on Saturday, Mar 1, 2008 at 6:52:51 PM

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Siegelman

If I had known that neoconservatives would destroy the conservative movement, take control of the Republican Party, and turn the party to the service of evil, I would not have helped to revive the Republican Party. I apologize to the American people.  

Paul Craig Roberts 

by paul roberts (0 articles, 0 quicklinks, 0 diaries, 60 comments [14 recommended, 0 rejected]) on Saturday, Mar 1, 2008 at 7:32:50 PM

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Reply: Dear Mr. Roberts...

     Many of us are accomplices by our lack of diligence. However we arrive at our truth matters not as much as that we do. Many here on this site are the voices that accept that. Many here like you, but not as visible, I applaud for sharing the perspirations of truth. I welcome you today and thank you for your steadfast work and efforts.

     Your apology is accepted. Please accept mine for my late blooming diligence.

     WE have lots of work to do.

     Thank you.

     peace

by mikel paul (14 articles, 1 quicklinks, 11 diaries, 570 comments [13 recommended, 0 rejected]) on Sunday, Mar 2, 2008 at 1:09:26 PM

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Re: The Political Trial of Don Siegelman

Thank you Dr. Roberts for all of your brilliant work and your ability to bring awareness to the abhorrent injustices which America is now experiencing.

What happened to former Alabama Governor Don Siegelman is an absolute outrage. He is a victim of an American judicial system that is slowly being dismantled by a truculent Bush cabal which has been usurping the presidency since day one. As you are aware, they could give a rat's arse about the American people and or it's Constitution! Unfortunately, there is still ample time remaining for this feckless group to take us even further into their contrived morass i.e. Iran. 

How much longer exactly are the American people going to allow this carnage to continue? We are headed into uncharted waters and it is high time the people of the country awaken from their catatonic stupor and stand together against this brazened tyranny.

"No one man can terrorize a whole nation unless we are all his accomplices." -- Edward R. Murrow speech to his staff (1954)

by Munich (1 articles, 86 quicklinks, 14 diaries, 1125 comments [86 recommended, 1 rejected]) on Sunday, Mar 2, 2008 at 1:52:51 AM

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great article!

i'm so glad this story is finally sprouting legs.

i had just read your article which was sent to me online and was going to contact you to ask you to post it at OpEdNews and then i looked, and there it was!

you read my mind!  keep digging.  keep writing.  

those who are not taken in by the mainstream media want to know.

 

by Joan Brunwasser (206 articles, 3757 quicklinks, 3 diaries, 751 comments [4 recommended, 0 rejected]) on Sunday, Mar 2, 2008 at 2:31:48 PM

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Alabama Rewarded

On Friday afternoon, it was announced that Northrop Grumman/EADS won a U.S. Defense contract for $40 billion to provide air-refueling tankers in a not-yet-built plant in Mobile, Alabama.  Its stock value went from $3.74 to $82.37. 

The other main competitor for the contract was Boeing.  The Seattle Post-Intelligencer reported that "Boeing was considered the heavy favorite" but that "Northrop and its supporters, especially politicians in Alabama" claimed Northrop's tanker was superior.

As I began to look into who the lobbyists were who influenced this change in favored a manufacturer, which would devastate a portion of the Seattle area economy while rewarding strongly (and drastically changing) the community of Mobile, Alabama, I suddenly gasped as I saw another email about Don Siegelman provided by the diligent Mark Crispin Miller "Alabama press goes rabid for Karl Rove".

ALABAMA?! Oh, my God.  Alabama.  Is it possible?

So, I'm putting the idea out:

Is there any connection between Alabama's prosecution of Siegelman and its black out of the 60 Minutes segment... and the switch from Boeing in Seattle to Northrop Grumman/EADS in Mobile?

My own time to research this is limited, so I'm encouraging others to see what they might find, and please respond back.

This could be verrrrrry interesting.

by Barbara Bellows-TerraNova (25 articles, 1 quicklinks, 2 diaries, 83 comments) on Sunday, Mar 2, 2008 at 2:39:10 PM

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DOJ subversion

I saw the "60 Minutes" segment about this case and was furious about the whole thing.  What Cheney/Bush/Rove have perpetrated upon the American people is moral bankruptcy of colossal proportions.  That whole outrageous bunch of neo-con fascists should be removed from office and prosecuted to the full extent of any remaining law that still matters.  Then Cheney/Bush should be turned over the Hague and tried for crimes against humanity.

   That some members of the Republican Party are honest and virtuous enough to oppose such, speaks well for our country's political health.  That the party of Lincoln should end up in the dirtied hands of these neo-con crooks is truly beyond the pale. 

by L. RETZACK (0 articles, 0 quicklinks, 0 diaries, 41 comments) on Sunday, Mar 2, 2008 at 7:36:58 PM

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Same as it ever was.

The big thieves hang the little ones. Czech Proverb

I've nothing but contempt for the judiciary and legislative branches of both the federal AND state level only exceeded by my revulsion of the executive branch and the mass media.

You can see it played out across the nation in our local courts, the rot penetrates the entire system; it's ALL pay or play - you get your monies worth of justice. Jesus forgives - the state doesn't.

The US Constitution and Bill of Rights has been relegated to being "just a godd_m piece of paper" (GWB) as well as the wholesale rejection of Magna Carta legal precedents, the Geneva Conventions and the general degradation of principles dating to the "Enlightenment".

And all of this has happened under the watchful eye of our Mass media. We still have 1st amendment "free speech" – just not the right to be heard from the privatized soapbox (otherwise known as the magic box with all the shiny people inside).

I first heard of the Siegelman case on the Internet when the Bushites first went after the Alabama Governor in 2002. His real crime was not playing ball with the hidden hand of economic interests – privatize everything and blame the poor for their poverty.

The subversion of the "justice" system by corporate and wealthy interests for personal gain predates Santa Clare Vs Southern Pacific (1886 - granting equal protection 14th amendment rights inserted into the decisions endnotes by a Supreme Court Clerk who also just happened to have formerly been a Lawyer for the Rail Roads).

The corruption of the Judiciary really took off with Nixon's diversionary "War on Drugs" and all the confiscation "Drug King Pin" laws initially targeted at Pablo Escabar which morphed into the "Tough on Crime" mandatory minimums and "3 strikes" life sentences. Very good for the military/prison industrial complex where our beloved "Land of the free" incarcerates 1 in 100 citizens: more than any other country in the world INCLUDING China and Russia.

It can be a very lucrative funding source for aggressive police agencies more concerned with seizing cars and houses of someone selling pot then where and how exactly the local "Outstanding Pillars of the Community" actually became wealthy.

The only difference in this case is the subject of the railroading had been relatively wealthy and politically well connected. Our general population is railroaded everyday by politically ambitious Elected District Attorneys intent on fulfilling some "Tough on Crime" campaign platform. Innocence and guilt do not matter as much as someone goes to jail and every conviction is seen as "setting an example".

I submit (with the few rare and notable exceptions), I've seen more Honesty, Integrity and general morality from local street corner drug dealers and prostitutes then the majority of politicians that have plagued our Nation for the last 100 years.

For example: Enron where more money was evaporated by a corrupt conspiracy of a politically (Bush) connected energy company colluded with its Auditors, and the major Banks then all the street crime of 2000 including drugs ($60B – the SC number was $49B).

As the bottom drops out of our economy and desperation turns into increasing crime only a few low level scapegoats will eventually be hung out to dry for the subprime derivatives "securities" financial meltdown. Certainly none of the principles.

No one will go to jail for the Plame - Brewster Jennings outing but our jails will continue to be filled by minor drug pushers and users, the occasional athlete who admits to doping and the former Alabama Governor.

Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear: Harry S Truman

by David Donnell (0 articles, 0 quicklinks, 0 diaries, 3 comments) on Monday, Mar 3, 2008 at 10:18:14 PM

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