Milton McGregor signals to supporters
after yesterday's verdicts
The U.S. Supreme Court has held "selectivity in the enforcement of criminal laws is, of course, subject to constitutional constraints." U.S. v. Batchelder, 442 U.S. 144 (1979).
The nation's highest court also has found that the Equal Protection Clause prohibits selective enforcement "based upon an unjustifiable standard such as race, religion, or other arbitrary classification." Oyler v. Boles, 368 U.S. 448 (1962).
Clearly, enforcement based on political affiliation falls under the kind of arbitrary classification that is prohibited by the Fifth Amendment. . . .
To support a defense of selective or discriminatory prosecution, a defendant bears a heavy burden of establishing, at least prima facie, (1) that, while others similarly situated have not generally been proceeded against because of conduct of the type forming the basis of the charge against him, he has been singled out for prosecution, and (2) that the government's discriminatory selection of him for prosecution has been invidious or in bad faith, i.e., based upon such impermissible considerations as race, religion, or the desire to prevent his exercise of constitutional rights. These two essential elements are sometimes referred to as "intentional and purposeful discrimination.'
I hope that the fact that this jury got it so wrong will not deter the Attorney General from his aggressiveness in pursuing corruption by current and former officials, and I hope that the new Republican majority understands that its calling now is to pass strict limits on campaign spending and instant disclosure rules so that money is limited and identified in real time.
Lastly, the Democratic Party is now officially the state's gambling party. Alabamians who want another economic future and real political reform should know that the party offers them no home and they should take their votes and their goals for the state elsewhere.
He said they would also look at possible legal action against players who participated in the process, but would not specify who he was referring to.