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Federal judge explains reasons for keeping Siegelman in prison while awaiting appeal

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seafan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 05:20 PM
Original message
Federal judge explains reasons for keeping Siegelman in prison while awaiting appeal
Source: Birmingham News

MONTGOMERY - Nearly two months after being ordered by an appellate court to explain his reasoning, a federal judge wrote Wednesday that he won't allow former Gov. Don Siegelman out of prison while appealing his conviction because he doesn't believe the conviction will be overturned.

U.S. District Judge Mark Fuller issued a 30-page order ruling that Siegelman should not be freed while he appeals his conviction. Fuller last year sent Siegelman directly to federal prison after he was sentenced to serve seven years, four months in prison for his conviction on bribery and obstruction of justice charges.

Judges with the 11th Circuit Court of Appeals twice ordered Fuller to provide a more detailed explanation of his decision, once in September and again in November.
Fuller's order puts Siegelman's legal quest for an appeal bond back before the 11th Circuit Court of Appeals.

.....

He rejected defense arguments that prosecutors failed to prove a quid pro quo deal between the men to swap the campaign money for the appointment. Fuller said the specific statute under which Scrushy and Siegelman were convicted did not require proving they had a deal to swap the appointment for the donation. However, his instructions to the jury "sufficiently apprised the jury of that requirement," Fuller wrote.

Kilborn said that, without requiring prosecutors to prove a deal, most campaign contributions could be considered crimes.

Read more: http://www.al.com/news/birminghamnews/index.ssf?/base/news/1199369729321200.xml&coll=2
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Pastiche423 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 05:38 PM
Response to Original message
1. Can judges do that legally?
Simply because they don't believe something will happen?
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Demeter Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 05:39 PM
Response to Reply #1
2. I Wouldn't Think So=Nation of Laws, Not Whim
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Pastiche423 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 05:47 PM
Response to Reply #2
4. That's what I thought
Our "justice" system has gone to shit.
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RuleOfNah Donating Member (603 posts) Send PM | Profile | Ignore Thu Jan-03-08 05:49 PM
Response to Reply #1
5. Unequal protection?
The reasoning offered by the judge seems tainted by bias and inequities.

If Ken Lay can be innocent before appeal then why not all?
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seafan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 05:59 PM
Response to Reply #5
8. Welcome to DU, RuleOfNah. This case is, indeed, a travesty. n/t
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RuleOfNah Donating Member (603 posts) Send PM | Profile | Ignore Thu Jan-03-08 06:39 PM
Response to Reply #8
14. Thank you for the welcome seafan.
Obviously, as Crabby Appleton rightly points out, I need to learn more and post less. :)
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Supersedeas Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-04-08 02:21 PM
Response to Reply #5
36. Political prosecution because they can
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Crabby Appleton Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 06:21 PM
Response to Reply #1
13. Actually the judge can and it is very common, on nearly every appeal,
the defense asks for release pending appeal, and the judge either does or doesn't, with the same reasoning.
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Pastiche423 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 06:51 PM
Response to Reply #13
17. What reasoning?
A judge's belief? Not the law?
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The Backlash Cometh Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 07:53 PM
Response to Reply #1
26. What happens to judges once everybody figures out they have been compromised?
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Pastiche423 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 08:13 PM
Response to Reply #26
29. Maybe impeachment?
Or can judges be fired?
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The Backlash Cometh Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 09:01 PM
Response to Reply #29
32. It's a reality we need to start facing. Small town, corrupted judges are
now part of the system. We either clean the courts out, or see what happens as the public continues to lose trust in the system.
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aquart Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 08:04 PM
Response to Reply #1
27. Who owns Mark Fuller?
Edited on Thu Jan-03-08 08:10 PM by aquart
<http://www.google.com/search?hl=en&q=%22Mark+Fuller%22+judge&btnG=Search>

George W. Bush appointment. So now we know he's filthy. Google knows, too. This, from our very own DU:

<http://www.locustfork.net/blog/jill_simpsons_affidavit /...>

But eventually she put together such a revealing picture of a very rich federal judge who owned companies doing millions upon millions of dollars worth of business with the U.S. government, including making uniforms for the FBI and training Saudi and Iranian pilots - all while doing business with the Justice Department in eliminating Siegelman from politics forever.

Amazingly, Justice Fuller received a $178 million contract through a privately held company to train pilots and navigators for the U.S. government DURING THE SIEGELMAN, SCRUSY TRIAL. The company is called Doss Aviation of Alabama.

For another company called Aureus International that is listed as a division of Doss Aviation on the company's Website, Fuller is also listed as the majority owner, according to Ms. Simpson's research. The company does a comparable amount of business making uniforms for the U.S. military and the FBI, which played a major role in the investigation and prosecution of Siegelman and Scrushy.
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jpak Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 05:42 PM
Response to Original message
3. Real Reason - Alabama and Bush Republics don't want him out
just saying
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acmavm Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 05:54 PM
Response to Reply #3
6. KKKarl can't afford to have him out running around blabbing all he
knows. Why, it might ruin his new career as a political fuckwit that's always giving interviews and talks. A guy who sure acquired quite a nice bank account while in public service. Now there's the guy they need to be looking at.
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Rufus2007 Donating Member (32 posts) Send PM | Profile | Ignore Thu Jan-03-08 05:57 PM
Response to Original message
7. What is the latest on the 60 Minutes segment?
Haven't heard much about it lately.
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seafan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 06:10 PM
Response to Reply #7
10. Here is an update from December 20.
The 60 Minutes report is thought to be presented sometime this month (January, 08).

http://stevensonblog.tuscaloosanews.com/default.asp?item=722188


Rufus2007, welcome to DU. Interesting times we live in.
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Rufus2007 Donating Member (32 posts) Send PM | Profile | Ignore Thu Jan-03-08 06:13 PM
Response to Reply #10
11. Thanks
Edited on Thu Jan-03-08 06:23 PM by Rufus2007
Thanks seafan. Got on for the Iowa Caucus tonight after a Google search.

I found something similar
http://www.lagniappemobile.com/article/1262
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flashl Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 06:07 PM
Response to Original message
9. Thanks seafan for keeping us updated.
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donkeyotay Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 06:18 PM
Response to Original message
12. The Repos really don't want to go here with this quid pro quo standard
Kilborn said that, without requiring prosecutors to prove a deal, most campaign contributions could be considered crimes.

Tommy "who?" Delay detailing the amount and distributions of checks - apparently not quid pro quo.

Westar, where the freakin board turned in the guys for what they thought was quid pro quo. I don't know if those guys got prosecuted.

Billy Frist, and the incredible largess of the Republican Rubberstamp Congress funding the pharma boondoggle, and the lucrative monopoly on hospital supply.

Jack "I don't know the man, biblically" Abramoff, who got a pesky prosecutor removed, generous and important not only to Repos in general, but a pioneer to the man in the Rose Garden Holdings.

Noe, another pioneer, profiting through patriotic campaign contributions, not bribery.

Personally, I think campaign contributions ARE bribes. Why else would corporations make them? But that's just me. I don't think the GOP wants writing a check to their favorite representative and the favor returned to constitute a crime. Up until now, the standard has been that you have to have a copy of their signed contract of collusion - an impossible standard. Same standard should apply for dems. No wonder this judge can't cough up a transcript of the trial.



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druidity33 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 06:44 PM
Response to Reply #12
15. you mean
like the bribe list the Dukester scribbled on a menu?

:)

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donkeyotay Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 07:04 PM
Response to Reply #15
20. I think Dukester's menu was al carte - not the main menu of getting yer crooked ass elected.
They whisked him away before people focused too much on who he was doing bidness with because it was very unseemly. Made the Republican Family Values Party of One for Gaw-od look like homieland security was a shakedown. Can't have that.

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santamargarita Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 06:48 PM
Response to Original message
16. Goddamn Bush Suckers!
He is a political prisoner of a fascist regime!
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Bitwit1234 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 07:01 PM
Response to Original message
18. This judge is one of bush's appointment isn't he
and he is under investigation himself. I suppose he is afraid if Seigelman gets out he might be able to prove the judge is crooked, and that he didn't do anything wrong.
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SleeplessinSoCal Donating Member (710 posts) Send PM | Profile | Ignore Thu Jan-03-08 07:04 PM
Response to Original message
19. Notice the timing? Who's paying attention to this crooked Judge TODAY?
Edited on Thu Jan-03-08 07:04 PM by SleeplessinSoCal
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fascisthunter Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 07:08 PM
Response to Original message
21. This Judge Should Lose His Job!
politics has no business in law.
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madrchsod Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 07:22 PM
Response to Original message
22. now they go back to appellate court.
the judge did`t help himself by delaying the explanation to his peers.
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micraphone Donating Member (284 posts) Send PM | Profile | Ignore Thu Jan-03-08 07:26 PM
Response to Original message
23. Wow! 30 pages..
that will hopefully make the world forget the conflicts of interest Fuller still has in this case, and the fact he is a dyed-in-the-wool card carrying stonewalling bushbot.

Impeach the bastard.
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DissedByBush Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 07:32 PM
Response to Original message
24. The question you need to ask yourself
How often your average poor guy with a public defender get to stay free while his appeal is pending?
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pleah Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 07:45 PM
Response to Original message
25. This is unbelievable. How do we get rid of these crazy judges?
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aquart Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 08:12 PM
Response to Reply #25
28. Not just crazy. Filthy, greedy, DIRTY.
It's the judge who should be in jail.
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 08:22 PM
Response to Reply #25
30. How do we get rid of Scalia, Roberts, Clarence, Alito --- ?????
Pervert --- religious fanatic -- general right-wing fanatics ---

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pleah Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 08:53 PM
Response to Reply #30
31. You are so right! I can't believe O'Connor jumped ship while bushdick was in office.
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Acadia Blue Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 09:42 PM
Response to Reply #31
33. O'Connor does not give a damn about this country or she would
not have voted for Bush in Gore V. Bush. She is a fake, fraud, and a corporatist.
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-03-08 11:15 PM
Response to Original message
34. There must be more that DU'ers can do --- in an organized way???
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badgervan Donating Member (745 posts) Send PM | Profile | Ignore Fri Jan-04-08 12:14 AM
Response to Original message
35. Good 'Ol Alabama
Still a hundred and fifty years behind those of us above the Mason-Dixon line. Siegelman behind bars for a trumped up charge by Rove is a pure travesty of justice. This must be put right, and kkkarl must pay. When will the deep south realize they shouldn't be pulling this crap?
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