Simpson, as a behind-the-scenes unpaid whistleblower in 2007, helped Scrushy's attorneys submit a filing to Fuller in April 2007 seeking judicial recusal because, unknown to defendants, the judge owned up to 44% of Doss when it received an Air Force contract for $178 million just before the start of trial.
Fuller refused to recuse himself. DOJ endorsed the judge's continuation and communicated ex parte with the judge to help him resolve the matter, in part by seal the allegations against him temporarily from public view. Doss officials and Fuller have declined comment on the judge's current Doss ownership, which reportedly dwindled to 32% several years ago. Nearly all other shareholders owned 6%.
In general, the Obama administration maintainsthat the nation should look ahead, not bog down in recriminations.
On Friday, Obama's DOJ withdrew the nomination of Indiana law professor Dawn Johnsen, a critic of Bush torture and detention policies, to run DOJ's Office of Legal Counsel. That unit guides both the White House and DOJ on permissible uses of powers. Progressive commentators argue that her appointment died because she was perceived as too independent to be trusted in review over Bush and Obama DOJ decision-making.
Last summer, Scrushy and Siegelman renewed their recusal and other appellate issues with filings that included a claim that the prosecution's chief witness Nick Bailey was sexually blackmailed by interrogators at the Air Force base to shape his trial testimony.
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