Siegelman's First Trial Judge Blasts U.S. Prosecutors, Seeks Probe of 'Unfounded' Charges

[Hissyspit]

http://www.huffingtonpost.com/andrew-kreig/siegelmans-first-trial-ju_b_206546.html

Siegelman's First Trial Judge Blasts U.S. Prosecutors, Seeks Probe of 'Unfounded' Charges

One of the most experienced federal judges in recent Alabama history is denouncing the U.S. Justice Department prosecution of former Alabama Gov. Don Siegelman. Retired Chief U.S. District Judge U.W. Clemon of Birmingham calls for a probe of misconduct by federal prosecutors - including their alleged "judge-shopping," jury-pool "poisoning" and "unfounded" criminal charges in an effort to imprison Siegelman.

The Siegelman prosecution by the Bush Administration Justice Department is one of the most controversial U.S. criminal cases of the decade because of claims that Republican political appointees - sometimes using career prosecutors as public surrogates - unfairly targeted the Democratic defendant to prevent his re-election in 2006 as governor.

"The 2004 prosecution of Mr. Siegelman in the Northern District of Alabama was the most unfounded criminal case over which I presided in my entire judicial career," Clemon wrote U.S. Attorney General Eric H. Holder last week. "In my judgment, his prosecution was completely without legal merit; and it could not have been accomplished without the approval of the Department of Justice."

The remarkable letter by Clemon requests that that Holder investigate misconduct by federal prosecutors arising from Siegelman's 2004 trial on bribery-related charges. Clemon oversaw that trial until prosecutors dropped the case. Prosecutors then shifted their effort against Siegelman to a different Alabama federal district. Prosecutors obtained Chief U.S. District Judge Mark E. Fuller of Montgomery to preside over the former governor's trial. Fuller hated Siegelman because of his role in appointing an investigator for scandals arising from the judge's controlling interest in the military contractor Doss Aviation, according to on-the-record sources cited in my Huffington Post article published May 15.

Meanwhile this week, protests against the federal court system's treatment of Siegelman escalated on other fronts following the article, which was entitled, "Siegelman Deserves New Trial Because of Judge's 'Grudge', Evidence Shows....$300 Million in Bush Military Contracts Awarded to Judge's Private Company."

The article revealed new evidence from such sources as Missouri attorney Paul B. Weeks, who obtained Fuller's recusal from a civil case in 2003 on the grounds that Fuller lacked the ethics needed to preside as judge. During a conference call Monday for the news media, Weeks said that Siegelman and his co-defendant Richard Scrushy each deserve a new trial because Fuller should have disqualified himself from their criminal case on the judge's own motion.

"The evidence is clear to me that Judge Fuller failed to disclose his bias in the Siegelman case, and committed fraud on the court," said Weeks, citing what he called the similar 1988 Supreme Court case Liljeberg v. Health Services Acquisition Corp. (486 U.S. 847). "If a judge knows something that others in the case don't know, and it would cause an appearance of bias, he has an obligation to identify it and get out of the case," Weeks said, as quoted by Alabama journalist Roger Shuler. "The Supreme Court said in Liljeberg that the judge's failure to do this was inexcusable."

In a related development, Siegelman's co-defendant Scrushy hired Investigative Group International, a politically well-connected private detective agency, to explore new grounds to win his freedom from prison. Scrushy, former CEO of HealthSouth, Inc., has said he was the innocent victim of a political "vendetta" against Siegelman. In 2007, Scrushy mounted a major but unsuccessful effort to show that Fuller's Doss Aviation holdings created the appearance of bias by the judge toward federal authorities who are the contractor's major customers. Doss Aviation services include training Air Force pilots and refueling Air Force planes, including the President's Air Force One.

Separately, Alabama attorney Dana Jill Simpson distributed today on an Alabama email list for Siegelman and Scrushy supporters an overview from the Doss Aviation website of its global activities in 2007. Beginning in February of that year, Simpson volunteered to help Scrushy avoid what she regarded as wrongful imprisonment.

- snip -

The Justice Department declined to release the Clemon letter, which will be posted shortly on my website www.EagleViewDC.com. The website already has many other source documents and several articles regarding the federal prosecution against Siegelman and Scrushy cited in the comprehensive Huffington Post article published on May 15. That article featured perspectives of the Missouri attorney Paul Weeks, who was making his first published comments drawing lessons from his 2003 impeachment effort against Fuller to the Justice Department's Siegelman prosecution.

- snip -

Weeks amplified his views today on the "My Technology Lawyer Radio Show" that I co-host with Internet radio pioneer Richard Scott Draughon. The interview tape is available here.

A political independent, Weeks says he remains available to cooperate with authorities in any investigation of Fuller, which he tried unsuccessfully to initiate in 2003. He drove to Washington, DC then to hand-deliver copies of his 180-page affidavit and exhibit about Fuller to key officials at the Justice Department, to House Judiciary Committee leaders, and to all members of the Senate Judiciary Committee. He says he received no response to his 2003 effort, but is more hopeful now.

"After the investigation," he says, "I was convinced that Fuller was a danger to the federal judiciary. He had no sense of right and wrong, no respect for the public, and certainly no respect for the law."

MORE

[elleng]

1. Took a while,

.

[merh]

3. I agree

but better late than never.

He should have filed a complaint when he was the judge on the first case.

[Hissyspit]

32. "Ruling Means Siegelman Remains Free Until August"

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x3889755

[merh]

34. thank you for the good news at your link

Of course I gave a recommend.

I'm glad he gets to remain free and that he is asking SCOTUS to hear his case.

:thumbsup:

[merh]

2. Definite K&R

Thank goodness the first judge wrote Holder.

[ControlledDemolition]

4. Siegelman should not only be exonerated but 'Jesse Ventura Law' should be administered...

...to the scum involved in his persecution. Here Rovie, Rovieee, heerreeee, Roveeee!!!

Same goes for those who had a hand in the outing of a probably genuine (by this I mean, not a subversive piece of hidden government shit) CIA agent, Valerie Plame.

Since the USA has the most number of incarcerated people in the world - on a per capita basis - let's make sure it is well represented by traitors, rather than pot smokers!

[Kaleko]

6. Hey...

big welcome to DU!

:hi:

[ControlledDemolition]

49. Thank you Kaleko. n/t

[RayStar]

42. Good post CD

This case should be thrown out and the outers of Ms.Plame should be executed!

[Senator]

5. K&R

[dmr]

7. Am I understanding this correctly, the US Attorney's office

went judge shopping for a compromised (crooked) judge. One that would fulfill their agenda.

What is the legal definition of conspiracy? What parameters have to be met to file RICO?

[sam sarrha]

10. sue sue sue, get mad get even

[merh]

13. That is what they did

And thank god that this judge finally called them on it - that he formally filed the complaint with the DOJ as he has.

[mod mom]

28. Judge Fuller receivved huge Defense contracts and....

Canary's husband Bill was awarded consulting contracts, more quid pro quo.

[mod mom]

29. Judge Fuller receivved huge Defense contracts and....

Canary's husband Bill was awarded consulting contracts, more quid pro quo.

[slay]

8. K&R

For justice for Siegelman.

[annabanana]

9. k&r. . .. . .n/t

[Wednesdays]

11. K&R

:kick:

[Hissyspit]

12. Kick nt

[florida08]

14. finally

poor Don has been on a roller coaster. I hope the new AG will be not be too distracted to review this case :sarcasm:

[bvar22]

15. Brand New AG Holder....

...couldn't wait to set old "Grumpy Ted" (Ted Stevens) FREE !!!!
:woohoo: :party:

Why is Holder letting Siegelman do a slow roast in Republican Hell?

[katandmoon]

19. No fucking shit!!! Gawd forbid Holder actually appear to be favoring a DEMOCRAT--.

especially when it would raise any questions about Bush White House criminality.

That just doesn't appear to be in Holder's job description.

[gulfcoastliberal]

20. This administration is looking a whole lot like that last one in many crucial aspects.

Continuing the persecution of Siegelman is just one of many odious things this administration is doing.

[mod mom]

27. my theory: this case involves election fraud (as we all know the Dems want to avoid this

can of worms.)

[glitch]

30. I am hoping they are lining up all their ducks, including the election fraud ones.

And yes, I do expect to be disappointed.

[stillcool]

46. What happened with the Special Prosecutor...

assigned to the attorney general firings? That was tied into election fraud as well as the continuous witch hunt of ACORN

[Canuckistanian]

41. I've been amazed at Holder's non-response on this so far

And Siegelman's case has been a FAR worse miscarriage of justice.

Looks like the ball is in his court now.

[defendandprotect]

45. I think he prett y much was refusing to look into it . . this is April 2009 ...

Asked whether he was taking another look at the other public corruption prosecutions, such as the conviction of former Alabama Gov. Don Siegelman or cases against others in Alaska, Holder said he didn't have any reviews under way.

And, Canary is still a US-AG in Alabama!

And, Obama still has 51 of the Bush AGs in place -- he invited them all to stay and 51 did!!!

[Canuckistanian]

48. Isn't it almost customary to replace AGs?

I think I remember that Reagan fired ALL of Carter's AGs and replaced them with his own.

Am I wrong?

Edit: I mean US Attorneys, not Attorneys General.

[defendandprotect]

52. It is customary to fire all the AG's when the new president takes over . . .

however, sometimes they are asked to stay until replacements can be found --
There are a lot of appointments to make and this does make sense --
but certainly not re the Bush AG's!!

The polluting and poisoning of the system was begun at selection . . . where
they looked for those who would support Bush/right-wing politics at all costs.

The second concern here is that Bush was firing his own AG's . . . which is what
called attention to this DOJ mess. After you've selected your AG's it would be
unusual to have to fire . . . was it eight or more . . . maybe more?

And, of course, they lied about the reasons. These were well-qualified people --
Carol Lam, etc. The real problem is that these were honest AG's who weren't going
to carry out false prosecutions -- and who were going to follow cases even if it
reflected poorly on GOP!

[defendandprotect]

43. Yes, really an odd turn of events . . . and then sluffing off the Siegelman case!!!

[nyc 4 Biden]

16. K&R!

[Name removed]

17. Deleted message

Message removed by moderator. Click here to review the message board rules.

[csziggy]

36. I was curious about Clemon, so I googled him - he is hardly "dumb as they come"

He has to have a tremendous amount of ability to get where he is, considering where he started from and what he has had to overcome in his lifetime.

U. W. Clemon (1943- ), Alabama's first black federal judge, also served as chief judge of the United States District Court for the Northern District of Alabama. Long before his notable career on the federal bench, however, Clemon had distinguished himself as a student, a civil rights activist, a lawyer, a state senator, and a civic and church leader.

<SNIP>
Clemon's decision to become a civil rights lawyer came at age 13, when he witnessed two white police officers threaten a classmate. His commitment to equal rights deepened while attending Birmingham's Miles College, where he and other student activists boycotted downtown city stores in 1962. Though labeled an "outside agitator" by Public Safety Commissioner Eugene "Bull" Connor, Clemon boldly presented a petition protesting Birmingham's segregation ordinances to the Birmingham City Commission, before being ordered out of the meeting. When Martin Luther King Jr. launched the Birmingham Campaign in 1963, Clemon was assigned to desegregate the Birmingham Public Library. He was elected president of the student body and graduated as valedictorian of Miles College in 1965.

Clemon then entered Columbia University Law School, because the University of Alabama (UA) law school did not enroll blacks. Instead, the state of Alabama paid part of the tuition for black students to study law in other states. Later, Clemon would play a central role in reversing school segregation in Alabama and in securing the rights of blacks to attend UA and all of its programs. At Columbia, where many of the professors were closely associated with the civil rights movement, Clemon worked part-time with the local NAACP Legal Defense Fund (LDF) and graduated in 1968.

<SNIP>
In 1974, Clemon and future state Circuit Court Judge J. Richmond Pearson were the first blacks elected to the Alabama Senate since Reconstruction. Clemon chaired the Rules Committee and the Judiciary Committee, where he challenged capital punishment, pushed Gov. George Wallace to appoint blacks to state boards and agencies, and advanced legislation that made black state universities independent of the all-white State Board of Education. When boards of trustees were created for these schools, Clemon thwarted Wallace's efforts to appoint white majorities.

<SNIP>
Clemon was nominated to the federal bench by President Jimmy Carter in 1980. Despite opposition from southern and Alabama conservatives, he received the unanimous vote of the Senate Judiciary Committee and the full Senate. For nearly three decades, Clemon presided over hundreds of significant federal cases. His decisions in numerous race, gender, disability discrimination, and environmental suits resulted in more than $1 billion in damages paid to plaintiffs. The cases also produced promotions, workplace reforms, environmental clean-up projects, and improved medical care for thousands of plaintiffs. He received national attention for requiring various Alabama counties to construct new jail facilities and improve medical care for inmates.

<SNIP>
Judge Clemon has received numerous awards and recognitions. These include the Judicial Award of Merit given by the Alabama Bar Association, the Johnny Cochran "Soaring Eagle" Award of the American Association of Justice, the Drum Major Award of the Southern Christian Leadership Conference, and the C. Francis Stradford Award of the National Bar Association. He is also the recipient of Columbia University Law School Paul Robeson Award and the Alabama Trial Lawyers Association's Howell Heflin Award. He has been a panelist on seminars sponsored by the American Bar Association, the National Bar Association, the Alabama Bar Association and various other organizations. He holds honorary degrees from Miles College and Birmingham-Southern College; and two Birmingham streets are named in his honor. Judge Clemon is a deacon at Birmingham's Sixth Avenue Baptist Church, and a member of the Male Chorus.

MORE: http://www.encyclopediaofalabama.org/face/Article.jsp?id=h-1633

Also according to what I am reading, Clemon made clear in his dismissal of the first case brought against Siegelman in 2004 that he suspected prosecutorial misconduct:

Noel Hillman and the Siegelman Case
July 13, 1:26 PM, 2007
By Scott Horton
<SNIP>
Hillman is also one of four sitting federal judges who have played roles in connection with the prosecution of former Alabama Governor Don Siegelman. The quartet consists of U.W. Clemon, a judge in Birmingham who dismissed the first proceedings against Siegelman with prejudice and went out of his way to suggest he suspected inappropriate conduct on the part of prosecutors. Clemon is the only Democratic appointee among the judges. And, as the case unfolds, I firmly believe that all of Clemon’s suspicions will be fully validated.

The balance are not only Republicans—they were all appointed by George W. Bush. Moreover, Karl Rove is suspected of having played a role in each appointment.

Mark Fuller is the judge to whom the case was shopped when Clemon dismissed it. In fact, moving the case out of the district in which it was initiated so as to evade the control of the federal judge to whom it was assigned was the first clear-cut sign of prosecutorial misconduct in the history of the Siegelman prosecution.
<SNIP>
More: http://harpers.org/archive/2007/07/hbc-90000509

So where could Clemon go if he had wanted to pursue the misconduct of the prosecutors? The George W. Bush Justice Department? I am not sure if he could legally do anything about it, anyway. I don't know what the standards are for a sitting judge to go after federal prosecutors or a federal judge in another jurisdiction.

Pioneer Birmingham federal Judge U.W. Clemon submits resignation from bench
Thursday, January 22, 2009
ROBERT K. GORDON
News staff writer

Alabama's first black federal judge on Tuesday tendered his letter of resignation to the nation's first black president.

U.S. District Judge U.W. Clemon, who sat on the bench for nearly three decades, said in a letter to President Barack Obama that he delayed his retirement so Obama could appoint his successor. Clemon also congratulated Obama for his historic rise to the presidency.

"On a personal note, I am ecstatic over your election ... It has been my lifelong dream that, at some point in the indefinite future, a black American would be elected president of the United States."

Clemon, who as a lawyer handled landmark civil rights cases before his lifetime appointment by President Jimmy Carter in 1980, said, "Your inauguration afforded me the unique opportunity of leaving this position as one whose dream has been fulfilled much sooner than expected."

More: http://www.al.com/birminghamnews/stories/index.ssf?/base/news/123261579744820.xml&coll=2

[defendandprotect]

44. Would you have expected him to do this with Bush in the White House?

Presumably he was smart enough to wait . . . ???

Though, you could argue that something might have been done under Bush . . .
Clemons could be dead!

[librechik]

18. Take that, Holder

and try to wiggle out of your responsibilities again.

(what a wussy disappointment he is)

[defendandprotect]

47. IMO, Holder is a major failure -- following high expectations . . .!!! Sad . . .

And what could have possibly been more important than arighting our situation

in the DOJ!!!????

[Overseas]

21. K&R !! //nt

[Kingofalldems]

22. Anyone now claiming his guilt is most likely a freeper

[sabrina 1]

23. I read the article mentioned in the OP

last week by Andrew Kreig and could not believe that this travesty of justice has not been addressed by the DOJ months ago.

I don't see a link in the OP, but if anyone missed this article, it is absolutely a 'must-read' although be prepared to be outraged even more than you've been already by this case, so here's a link. Apologies if it's already been posted:

http://www.huffingtonpost.com/andrew-kreig/siegelman-deserves-new-tr_b_201455.html

The Alabama federal judge who presided over the 2006 corruption trial of the state's former governor holds a grudge against the defendant for helping to expose the judge's own alleged corruption six years ago. Former Gov. Don Siegelman therefore deserves a new trial with an unbiased judge ─ not one whose privately owned company, Doss Aviation, has been enriched by the Bush administration's award of $300 million in contracts since 2006, making the judge millions in non-judicial income.

These are the opinions of Missouri attorney Paul B. Weeks, who is speaking out publicly for the first time since his effort in 2003 to obtain the impeachment of U.S. District Judge Mark E. Fuller of Montgomery on Doss Aviation-related allegations.

The comments by Weeks come during a momentous week in one of the most controversial U.S. criminal cases of the decade, with public officials and Alabama activists alike claiming Siegelman was targeted for prosecution because of status as Alabama's most popular Democrat.

It's long but well worth reading to get an idea of how deep the corruption goes.

How much evidence of widespread wrongdoing do they need before something gets done about it? This isn't just about Siegelman anymore it's part of the whole corruption of the judicial system under the Rove/Cheney administration.

[mod mom]

24. EXCELLENT News!

[sce56]

25. 25thK & 50thR

[Soylent Brice]

26. they can't keep avoiding this for much lontger.

K&R

[DFW]

31. That's what I was thinking, too.

There are a lot of people who wish Siegelman's case would go away, but it won't and it shouldn't. Malicious prosecution is just one step up from burning witches at the stake.

[MagickMuffin]

33. If anyone is interested in viewing Doss Aviation's contracts

Below is a quick summary. There is a lot more detailed info, what department they worked for, among other info. One thing that gets my attention is when you look at their employee numbers, yearly income, and whether or not they claim to be a "small" business, it is never the same on ALL the contracts. STRANGE :shrug:



2008: only includes up through first and part of second quarter.

Total transactions for fiscal year 2008: 18

Total funding (within this search) for the year: $10,777,806

http://www.fedspending.org/fpds/fpds.php?fiscal_year=2008&parent_id=95507&sortby=u&datype=T&reptype=r&database=fpds&detail=3&submit=GO


2007: Total transactions for fiscal year 2007: 106

Total funding (within this search) for the year: $43,268,869

http://www.fedspending.org/fpds/fpds.php?parent_id=95507&sortby=a&detail=3&datype=T&reptype=r&database=fpds&fiscal_year=2007&submit=GO


2006: Total transactions for fiscal year 2006: 95

Total funding (within this search) for the year: $35,241,942

http://www.fedspending.org/fpds/fpds.php?parent_id=95507&sortby=a&detail=3&datype=T&reptype=r&database=fpds&fiscal_year=2006&submit=GO


2005: Total transactions for fiscal year 2005: 112

Total funding (within this search) for the year: $23,536,040

http://www.fedspending.org/fpds/fpds.php?parent_id=95507&sortby=a&detail=3&datype=T&reptype=r&database=fpds&fiscal_year=2005&submit=GO


2004: Total transactions for fiscal year 2004: 83

Total funding (within this search) for the year: $23,866,369

http://www.fedspending.org/fpds/fpds.php?parent_id=95507&sortby=a&detail=3&datype=T&reptype=r&database=fpds&fiscal_year=2004&submit=GO


2003: Total transactions for fiscal year 2003: 56

Total funding (within this search) for the year: $21,241,961

http://www.fedspending.org/fpds/fpds.php?parent_id=95507&sortby=a&detail=3&datype=T&reptype=r&database=fpds&fiscal_year=2003&submit=GO


2002: Total transactions for fiscal year 2002: 38

Total funding (within this search) for the year: $8,376,574

http://www.fedspending.org/fpds/fpds.php?parent_id=95507&sortby=a&detail=3&datype=T&reptype=r&database=fpds&fiscal_year=2002&submit=GO


2001: Total transactions for fiscal year 2001: 24

Total funding (within this search) for the year: $9,993,378

http://www.fedspending.org/fpds/fpds.php?parent_id=95507&sortby=a&detail=3&datype=T&reptype=r&database=fpds&fiscal_year=2001&submit=GO


2000: Total transactions for fiscal year 2000: 35

Total funding (within this search) for the year: $11,736,314

http://www.fedspending.org/fpds/fpds.php?parent_id=95507&sortby=a&detail=3&datype=T&reptype=r&database=fpds&fiscal_year=2000&submit=GO

[L. Coyote]

35. Proud to be REC # 60! Awesome news. Wake up Mr. Obama, Mr. Holder!!

[Kingofalldems]

37. K and R again

For real Democrats who believe in his innocence.

[mod mom]

38. PLS contact Rachel to cover this:

[email protected]

as well as AG Holder:

[email protected]

[ControlledDemolition]

53. KO as well. n/t

[Kaleko]

39. Recommended.

[Uncle Joe]

40. Kicked and recommended.

Thanks for the thread, Hissyspit.

[Kingofalldems]

50. Anti repub kick

[Iwillnevergiveup]

51. A K&R and a wish

I wish that all the people involved in this horrendous miscarriage of justice would be prosecuted, convicted and sentenced and that Don Siegelman would be re-elected Governor.:patriot:

[midnight]

55. I second this.

[Norrin Radd]

54. kr