Those are powerful constitutional grounds that support McGregor's right to compel Riley's testimony. Moorer seems to acknowledge this when he hints that "specific guidance from the Supreme Court" might be necessary on this issue.
Actually, Moorer might be barking up the wrong legal tree by citing the Nixon case. For one, the case involved subpoenas seeking the production of certain documents and tape recordings from the Watergate era. It had nothing to do with subpoenas to compel testimony. Second, the nation's highest court found in Nixon that the subpoenas should be granted and the evidence turned over. That makes Nixon a curious case to use as justification for denying a subpoena. It also indicates that the facts in Nixon are not at all analogous to those currently under consideration in Montgomery, Alabama.
A reasonable observer might ask this troubling question: Is Terry Moorer an objective, disinterested jurist in the bingo matter? Should he have anything to do with this case.
Until early 2007, Moorer served as an assistant U.S. attorney in the Middle District of Alabama, working under Leura Canary and Louis Franklin. Canary, who recently announced her retirement, is notorious for her role in the Don Siegelman prosecution and for being married to Business Council of Alabama President Bill Canary, a staunch ally of Bob Riley. Franklin also was a controversial figure in the Siegelman case and is serving as acting U.S. attorney, pending the confirmation of Obama nominee George Beck.
A source tells Legal Schnauzer that Moorer almost certainly will do the bidding of powerful GOP interests, such as U.S. Sen. Jeff Sessions. That means Moorer probably is inclined to keep Bob Riley off the stand at all costs.
"Terry is a good guy," our source says, "but he knows the score and he is not going to go against the Canary-Sessions political machine."
The bingo case always has been about power, money, greed, intimidation, and other ugly forces. Now, thanks to remarks picked up by government wires, race has taken center stage. This is Alabama, after all, so perhaps we should not be surprised.
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