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"In a tone both OUTRAGED and SARCASTIC, the appeal said Siegelman unduly punished for 'pure speech'"

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Hissyspit Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-24-08 05:49 PM
Original message
"In a tone both OUTRAGED and SARCASTIC, the appeal said Siegelman unduly punished for 'pure speech'"
Edited on Sat May-24-08 06:09 PM by Hissyspit
http://www.opednews.com/articles/genera_roger_sh_080524_don_siegelman_comes_.htm

http://legalschnauzer.blogspot.com/2008/05/gettin-down-and-dirty-on-siegelman.html

SATURDAY, MAY 24, 2008
Gettin' Down and Dirty on the Siegelman Appeal

Want to get heavily into the legal issues involved in the appeal of former Alabama Governor Don Siegelman?

Two very interesting blog posts provide the opportunity to do just that.

Tommy Stevenson, of the Tuscaloosa News, has a splendid piece about the guts of the Siegelman appeal. Stevenson describes the tone of the appeal as both "outraged and sarcastic" and includes a link to the entire 99-page document. If you are a legal junkie like me, you will want to sink your teeth into this.

Stevenson notes four major sections in the appeal that outline key mistakes by U.S. Judge Mark Fuller. But perhaps the most interesting part of the appeal comes from Siegelman's First Amendment assertion that his sentence was enhanced because of out-of-court statements he made regarding the political nature of his prosecution

The White Collar Crime Prof Blog picks up on the First Amendment argument and calls it "powerful and unique.":


http://stevensonblog.tuscaloosanews.com/default.asp?item=2205797

Siegelman makes his case for being a political prisoner

TUSCALOOSA | When former Gov. Don Siegelman called Thursday to get my email address so he could sent a copy of his 99-page appeal of his federal conviction on fraud charges, he said to pay close attention to the fifth argument his team of attorneys were making.

It is maintains that the court violated his First Amendment rights by increasing his sentence to more than seven years "based on out-of-court statements on matters of grave concern."

Essentially, what the former governor, who spent nine months in prison before being sprung by the 11th Circuit Court of Appeals on bond, says is that presiding and sentencing Federal Judge Mark Fuller punished him for speaking out against what he saw were injustices in his case and the political machinations surrounding it.

"On sentencing, the issue is simple: neither the Firs Amendment not the sentencing factors in , allow Governor Siegelman's sentence to be increased as punishment for out-of-court statements on a matter of grave public concern, i.e., the motivations of prosecutors," the appeal, which two attorneys have told me was primarily written by Washington lawyer Sam Heldman, who both described as being the best in the business in such matters.

"The District Court plainly did this: it applied a Guidelines upward departure, on the prosecution's motion, based on taking 'judicial notice' of out-of-court statements by Governor Siegelman to the effect that his prosecution was improperly motivated," the appeal said. "No such specific statement was cited, much less quoted... In summary, Governor Siegelman received a longer sentence than he would otherwise received because he made certain unknown, unquoted and unspecified out-of-court statements questioning the motives and actions of the Executive branch of the United States Government."

The appeal went on to assert that, as Siegelman has maintained from the beginning, that there was a conspiracy from the White House on down through the Justice Department to the United States Attorney's office in Montgomery to get him and end his career as a successful Democratic politician in a state that has trended Republican in recent years.
"It is a legitimate -- even a vitally important -- subject of inquiry in a free society: whether prosecutors, rather than investigating a crime, have set their sights on an individual because of partisan politics," the appeal brief said. "Since sentencing, it has become all the more clear that this is a matter of real public concern in this case, and in the nation more generally."

Those concerns, the brief said, include "the firing of United States Attorneys who, in the view of many, were removed because they did not undertake prosecutions to the political advantage" of Republicans now in control of the executive branch, an issue the brief said "has been, and still is, the subject of investigatory journalism, editorials, Congressional investigation, and public debate."

The appeal quoted a report from the U.S. House Judiciary Committee that said there is "extensive evidence that the prosecution of former Governor Don Siegelman was directed or promoted by Washington officials, likely including former White House Chief of Staff and Advisory to the President Karl Rove, and that political considerations influenced the decision to bring charges."

Rove, of course, was subpoenaed by the House Judiciary Committee to testify on the Siegelman matter and others the same day the appeal was filed.

"In a tone both outraged and sarcastic, the appeal said Siegelman unduly punished for "pure speech of Government action, which is at the core of the First Amendment. If the constitutional right to freedom of speech means anything, it is that the United States cannot punish people for questioning or criticizing the action of federal government officials. And there is no 'criticism of federal prosecutors' exception to the First Amendment."

In short, Section 5 of the Siegelman appeal makes the boldest and most eloquent case yet that the former governor was and still may be a political prisoner.
Of course, that penultimate part of the appeal -- Section 6 simply argued that Siegelman's conviction should reversed to an acquittal by the 11th Circuit, or granted a new trial, or simply have his sentence vacated -- comes after four other sections detailing the mistakes Siegelman's lawyers say were made are are grounds for the same judgement from the appellate court.

Those you can read in full in the attached document.

MORE


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Hissyspit Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-24-08 06:10 PM
Response to Original message
1. Please go to OpEdNews and kick and Digg Roger's article.
Link is at top of OP.

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midnight Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-24-08 06:23 PM
Response to Reply #1
2. I wish I could figure it out. I went there but couldn't figure out.
I have so much to learn.
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Canuckistanian Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-24-08 06:38 PM
Response to Reply #2
4. I agree - this legalese is confusing
You can obviously see that Siegelman was persecuted and had his first amendment rights violated, but there doesn't seem to be a clear way of proving this.

Still, it seems to me that out-of-court statements should NOT be used in sentencing unless that evidence is used during pre-sentencing arguments.

And the evidence that Rove & Co. INTERFERED with the process should be THOROUGHLY investigated before any final resolution of his case.
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Pastiche423 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-24-08 08:05 PM
Response to Reply #1
6. Thank you for the reminder
I dugg it.
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alfredo Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-24-08 06:32 PM
Response to Original message
3. Let's hope justice will be done.
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malaise Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-24-08 07:22 PM
Response to Original message
5. Oh happy day
This case must be the opening of a can of worms about Bushco's Department of Justice.
Rove must pay.
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annabanana Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-24-08 08:50 PM
Response to Original message
7. big ol' KICK
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Hissyspit Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-24-08 11:37 PM
Response to Reply #7
9. Thanks!
Edited on Sat May-24-08 11:37 PM by Hissyspit
http://www.allmusic.com/cg/amg.dll?p=amg&sql=10:fpfixq95ldte~T1

"Among revolutionary rock albums, Van Halen's debut often gets short shrift. Although it altered perceptions of what the guitar could do, it is not spoken of in the same reverential tones as Are You Experienced? and although it set the template for how rock & roll sounded for the next decade or more, it isn't seen as an epochal generational shift, like Led Zeppelin, The Ramones, The Rolling Stones, or Never Mind the Bollocks Here's the Sex Pistols, which was released just the year before. But make no mistake, Van Halen is as monumental, as seismic as those records, but part of the reason it's never given the same due is that there's no pretension, nothing self-conscious about it. In the best sense, it is an artless record, in the sense that it doesn't seem contrived, but it's also a great work of art because it's an effortless, guileless expression of what the band is all about, and what it would continue to be over the years. The band did get better, tighter, over the years -- peaking with their sleek masterpiece 1984, where there was no fat, nothing untidy -- but everything was in place here, from the robotic pulse of Michael Anthony and Alex Van Halen, to the gonzo shtick of David Lee Roth to the astonishing guitar of Eddie Van Halen. There may have been antecedents to this sound -- perhaps you could trace Diamond Dave's shuck-n-jive to Black Oak Arkansas' Jim Dandy, the slippery blues-less riffs hearken back to Aerosmith -- but Van Halen, to this day, sounds utterly unprecedented, as if it was a dispatch from a distant star. Some of the history behind the record has become rock lore: Eddie may have slowed down Cream records to a crawl to learn how Clapton played "Crossroads" -- the very stuff legends are made of -- but it's hard to hear Clapton here. It's hard to hear anybody else really, even with the traces of their influences, or the cover of "You Really Got Me," which doesn't seem as if it were chosen because of any great love of the Kinks, but rather because that riff got the crowd going. And that's true of all 11 songs here: they're songs designed to get a rise out of the audience, designed to get them to have a good time, and the album still crackles with energy because of it.

Sheer visceral force is one thing, but originality is another, and the still-amazing thing about Van Halen is how it sounds like it has no fathers. Plenty other bands followed this template in the '80s, but like all great originals Van Halen doesn't seem to belong to the past and it still sounds like little else, despite generations of copycats. Listen to how "Runnin' with the Devil" opens the record with its mammoth, confident riff and realize that there was no other band that sounded this way -- maybe Montrose or Kiss were this far removed from the blues, but they didn't have the down-and-dirty hedonistic vibe that Van Halen did; Aerosmith certainly had that, but they were fueled by blooze and boogie, concepts that seem alien here. Everything about Van Halen is oversized: the rhythms are primal, often simple, but that gives Dave and Eddie room to run wild, and they do. They are larger than life, whether it's Dave strutting, slyly spinning dirty jokes and come-ons, or Eddie throwing out mind-melting guitar riffs with a smile. And of course, this record belongs to Eddie, just like the band's very name does. There was nothing, nothing like his furious flurry of notes on his solos, showcased on "Eruption," a startling fanfare for his gifts: Steve Howe may have tapped before, but nothing like Eddie's fluid, lightning runs. He makes sounds that were unimagined before this album, and they still sound nearly inconceivable. But, at least at this point, these songs were never vehicles for Van Halen's playing; they were true blue, bone-crunching rockers, not just great riffs but full-fledged anthems, like "Jamie's Cryin'," "Atomic Punk," and "Ain't Talkin' Bout Love," songs that changed rock & roll and still are monolithic slabs of rock to this day. They still sound vital, surprising, and ultimately fun -- and really revolutionary, because no other band rocked like this before Van Halen, and it's still a giddy thrill to hear them discover a new way to rock on this stellar, seminal debut."

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L. Coyote Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-24-08 08:54 PM
Response to Original message
8. "questioning the motives and actions of the Executive branch" gets you 7 years!!
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bleever Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-25-08 02:00 PM
Response to Original message
10. This continues to gain momentum.
:applause:

Clapping for an avalanche.
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suffragette Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-25-08 02:29 PM
Response to Reply #10
12. I'll join you in clapping for that avalanche
:applause:



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Subdivisions Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-25-08 02:24 PM
Response to Original message
11. Oooooo, Raj! I'm gonna tell Mama! K&R. n/t
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Hissyspit Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-25-08 04:19 PM
Response to Reply #11
14. Click here! (Not a rickroll)
Edited on Sun May-25-08 04:20 PM by Hissyspit
http://www.sitcomsonline.com/whatshappening/whepisodeguide.html

Doobie or Not Doobie I (episode 37)
Bootleggers give Rerun concert tickets.
Doobie or Not Doobie II(episode 38)
The Doobie Brothers help nab the bootleggers.


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Subdivisions Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-26-08 08:52 AM
Response to Reply #14
18. I wonder how much money Dee made off of those
guys. I bet she was able to pay for college and buy herself a nice little cottage!

Thanks for the link! =)
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pberq Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-25-08 04:10 PM
Response to Original message
13. Yes - a political prisoner
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McCamy Taylor Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-25-08 04:32 PM
Response to Original message
15. Looking forward to seeing Judge Mark Fuller in jail. K&R
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salib Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-25-08 04:40 PM
Response to Reply #15
16. This is my issue too.
Is there a way to "punish" a judge for extra-judicial sentencing? It seems to me that this is a violation of first amendment rights. However, he is a convicted felon, so that complicates things. Still, he is being punished for actions before his conviction.

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yellerpup Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-25-08 04:59 PM
Response to Original message
17. This is really heart pounding stuff.
Thanks for sharing it. :kick: K&R
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-26-08 09:47 AM
Response to Original message
19. kick
:kick:
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Pluvious Donating Member (209 posts) Send PM | Profile | Ignore Mon May-26-08 11:45 AM
Response to Original message
20. K and R
Thanks for sharing this - BushCo is a stain on our Country's history.
Scaring us for decades to come.

---
"What an impressive crowd: the haves, and the have-mores. Some people call you the elite, I call you my base."
-Bush
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elizfeelinggreat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-26-08 11:51 AM
Response to Original message
21. thanks for this
Edited on Mon May-26-08 11:52 AM by elizfeelinggreat

Error: you can only recommend threads which were started in the past 24 hours

:(
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-26-08 11:53 AM
Response to Original message
22. Done. n/t
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