Editore"s Note
Tilting at Windmills

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November 14, 2008

THE TWISTS AND TURNS OF THE SIEGELMAN CASE.... What do you know, the Bush administration's handling of the Don Siegelman case can get even more controversial.

[N]ew documents highlight alleged misconduct by the Bush-appointed U.S. attorney and other prosecutors in the [Siegelman] case, including what appears to be extensive and unusual contact between the prosecution and the jury.

The documents, obtained by TIME, include internal prosecution e-mails given to the Justice Department and Congress by a whistle-blower during the last 18 months. John Conyers, chairman of the House Judiciary Committee, which investigated the Siegelman case as part of a broader inquiry into alleged political interference in the hiring and firing of U.S. attorneys by the Bush Justice Department, last week sent an eight-page letter to Attorney General Michael Mukasey citing the new material.

Conyers says the evidence raises "serious questions" about the U.S. Attorney in the Siegelman case, who, documents show, continued to involve herself in the politically charged prosecution long after she had publicly withdrawn to avoid an alleged conflict of interest relating to her husband, a top GOP operative and close associate of Bush adviser Karl Rove. Conyers' letter also cites evidence of numerous contacts between jurors and members of the Siegelman prosecution team that were never disclosed to the trial judge or defense counsel.

The Time report is worth reading, but pay particular attention to emails written by U.S. Attorney Leura Canary, who claimed to recuse herself from the case -- her husband is a Republican activist with close ties to Karl Rove -- but nevertheless continued to advise prosecutors.

A federal court will hear the former Alabama governor's appeal in Atlanta next month. I'll keep you posted on developments.

Update: Christy Hardin Smith also notes prosecutors' ex parte communications with jurors in the case, "which were never disclosed to either the judge or opposing counsel."

Steve Benen 11:00 AM Permalink | Trackbacks | Comments (13)
 
Comments

Not only is Leura Canary completely without ethics; she's such a poor Alabaman that she can't even spell "y'all."

Posted by: shortstop on November 14, 2008 at 11:06 AM | PERMALINK

This thing is probably the most disgusting of all RoveCo's conscienceless plots. To send a man to prison simply to take him off the political table . . . Jesus.

Posted by: SqueakyRat on November 14, 2008 at 11:07 AM | PERMALINK

As a former prosecutor for a decade, you NEVER communicate with a jury in any way. If you happen to see a juror in public, a hallway, away from court and you even inadvertently say "hello" to them, you run to the judge and beg forgiveness.

You cannot even exchange courtesies! This is incredibly offensive, outrageous, and should result in discipline from both the state and federal bar associations for the attorneys involved.

Posted by: Marty on November 14, 2008 at 11:08 AM | PERMALINK

"y,all" - Good thing a fine lady in Louisiana is working, today.

But, I eagerly await the US Marshall bringing Rove before the House Committee; so-called Exec Privilege be damned.

Posted by: berttheclock on November 14, 2008 at 11:23 AM | PERMALINK
This thing is probably the most disgusting of all RoveCo's conscienceless plots.

Actually, it is only the most disgusting known Rove plots.

Marty, what could have created the atmosphere in the USA's office where so many attorneys could act so very unethically while everyone around them sits on their hands and lets it happen? This was not one or two rogue individuals. Besides White House and DOJ involvement, this was the entire USA office!

Somewhere along the line the entire federal justice system was destroyed and replaced by a political attack machine.

Posted by: Rick B on November 14, 2008 at 11:23 AM | PERMALINK

Tip, meet iceberg. I bet the shredders are running full tilt in the DOJ these days, but given the sheer volume of likely material I expect there will be some juicy scraps left over come Jan 20.

Posted by: Basilisc on November 14, 2008 at 11:33 AM | PERMALINK

The Conyers memo is pretty damning.

I just saw Keith (on the prosecutor team) in the hall. The jurors kept sending our messages through the marshall. A couple of them want to know if he's married

Sounds like there was an extended conversation and it wasn't a secret within the prosecutor's office.

Posted by: Danp on November 14, 2008 at 11:46 AM | PERMALINK

Makes one then ask how many other regulatory or oversight agencies of our government have been used for gross political gamesmanship or retribution in the past eight years? I'd bet a lot more than anyone has pondered. Maybe not as dangerously as the corruption of the Justice Dept and sending people to jail but potentially ruinous to people's careers and reputations nonetheless. I'd bet they trashed a whole lot of people. Because they could.

The Republicans used to be known as the Daddy party (to the Dems Mommy party). The party of Ward Cleaver is long gone. The GOP is now the party of the abusive, alcoholic stepdad from hell who also is behind on his child support while ranting to the everyone else about "responsibility". But it is all okay because he heartily claims to love Jesus.

Posted by: Just Asking... on November 14, 2008 at 11:57 AM | PERMALINK

Marty has it absolutely right. It is impossible to overstate how inappropriate ex parte communications between prosecutors and jurors are. That alone should be grounds for reversal (though perhaps on a habeas petition rather than direct appeal).

Posted by: JRD on November 14, 2008 at 12:03 PM | PERMALINK

Kinda funny... Seigelman got away with a bunch of stuff he should have been convicted for and got convicted for stuff he didn't do. You can't call that justice but Seigelman really does belong in jail.

Yes, I'm from Alabama. No, I'm not a Republican. Voted for Obama same as you.

Posted by: e. nonee moose on November 14, 2008 at 12:52 PM | PERMALINK

It's too bad the next administration is hand tied by such a clusterf*ck of a GOP economic/security/environmental mess. Otherwise, I'd say exposing and prosecuting these GOP dirtbags would be top priority.

Posted by: Palinoscopy on November 14, 2008 at 1:40 PM | PERMALINK

Ex-parte communications with the JURY!

That's the big news. That's outrageous and enough to get her disbarred in most states.

Posted by: Cal Gal on November 14, 2008 at 2:21 PM | PERMALINK

I hope Siegelman's efforts to expose the politicization of the Justice Dept. are fruitful for him AND that they indirectly benefit the Scruggses as well. Yes, they pled guilty, under circumstances that included an elaborate frame, and a vindictive judge. Bush's appointees and Rove's minions have committed far worse breaches than have their targets.

Posted by: mmiddle on November 14, 2008 at 4:20 PM | PERMALINK




 

 
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