Judge won't release former Alabama Governor Siegelman on appeal bond
Last edited Thu Dec 18, 2014, 08:16 PM - Edit history (2)
Source: Tuscaloosa News quoting Associated Press report
MONTGOMERY | A federal judge on Thursday refused to free former Alabama Gov. Don Siegelman from prison while he continues to appeal his 2006 bribery conviction.
Siegelman has raised significant issues, but the 11th U.S. Circuit Court of Appeals is unlikely to grant Siegelman a new trial since the court has already rejected similar arguments from his co-defendant, Richard Scrushy, U.S. District Judge Clay Land of Georgia said in his 31-page order.
Siegelman attended a Monday hearing in Montgomery before Land while shackled and wearing a red jail jumpsuit. The former Democratic governor is arguing his 2006 trial was tainted by the involvement of a prosecutor with ties to GOP politics. His lawyers also say the trial judge made legal mistakes when sentencing Siegelman.
Then-U.S. Attorney Leura Canary announced her recusal from the investigation in 2002, three years before Siegelman was indicted, after Siegelman's lawyer made an issue of her husband's work in GOP politics. Siegelman's lawyers argued she still remained improperly involved in the case.
Read more: http://www.tuscaloosanews.com/article/20141218/NEWS/141219657?tc=cr
THIS IS BULL----- of the highest {dis}ORDER
There are several witnesses (and ex Karl Rove gal Jill Simpson);
who have testified that U.S. Attorney Canary faked her recusal.
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[font color=Blue size=4 face="Comic Sans MS"][center]UPDATE -Link to Judge Land's 31 page Order[/font][/center]
[font size=3]https://s3.amazonaws.com/s3.documentcloud.org/documents/1383048/siegelman-order.pdf [/font]
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LINK Of Governor Siegelman's appeal to 11th Circuit - detailing U.S. Attorney Canary bad faith dealings.
http://media.al.com/wire/other/Siegelman%20appeal%20to11th%20Circuit.pdf
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laserhaas
(7,805 posts)Justice Land remarked that Siegelman was prevented from investigating (discovery) of Canary's interference's.
diabeticman
(3,121 posts)onecaliberal
(32,863 posts)I hope those who have kept this poor man behind bars rot in hell. Unfuckingbelievable.
NoJusticeNoPeace
(5,018 posts)laserhaas
(7,805 posts)Justice is a aberration in this country - most times.
Especially here.
laserhaas
(7,805 posts)It Sucks.
It's Wrong.
And I'm PISSED!
geretogo
(1,281 posts)state .
laserhaas
(7,805 posts)It's a miracle that I'm still in one piece and able to irk Mitt's crown.
This is BULL - over 100 current and former AG's are on the record stating this case is SO wrong!
blackspade
(10,056 posts)A travesty.
laserhaas
(7,805 posts)Manifest Injustice is when a U.S. Attorney can give false testimony;
and Judge's don't care - because other judge's Don't Care!
Omaha Steve
(99,659 posts)That would end it.
laserhaas
(7,805 posts)madville
(7,412 posts)They've been working to keep him in prison for over 5 years, why would they pardon him now?
red dog 1
(27,817 posts)laserhaas
(7,805 posts)What does he know?
How did he piss them off so?
Or - is it just KKK-bammy law - that Dems aren't allowed...
okaawhatever
(9,462 posts)with the initial court case. She lied about recusing herself (so the Siegelman attorneys claim, but are awaiting their day in court). The GOP have blocked every single attempt to replace Canary or any judges. They have too much to lose. Senator Shelby claims it is because he disagrees with the appointee, but they switched appointees and he still wouldn't release the hold on the nomination.
Also, Obama sent a White House attorney to interview Siegelman about a possible pardon. Obama sent a real heavy hitter (led the Clinton team during his impeachment, and represented John Hinckley). The attorney decided to take the case instead.
NOTE: SIEGELMAN HAS NOT APPLIED FOR A PARDON!!!!!
Stop the Obama bashing and learn the facts of the case.
http://blog.al.com/wire/2013/07/former_white_house_counsel_for.html
msanthrope
(37,549 posts)no pardon has been asked for.
okaawhatever
(9,462 posts)The attorney ended up taking on his case instead. The attorney seems like the LeBron James of attorneys.
Gregory B. Craig, who was White House counsel from January 2009 to January 2010, visited Siegelman at the federal detention center in Oakdale, La., according to Siegelman's son, Joseph Siegelman, and Peter Sissman, who has worked on the former governor's case for four years.
Sissman said Craig's initial involvement in Siegelman's case concerned a possible request for executive clemency through a pardon or commutation. He said Craig's involvement grew after visiting Siegelman in prison.
"He became very interested in the rest of the case," Sissman said. "And he said, 'We'll take over the new trial motion part of the case if the Court of Appeals will give us an extra 60 days.' "
http://blog.al.com/wire/2013/07/former_white_house_counsel_for.html
A little cut and pasting on the above paragraphs but I think you can put the puzzle pieces together.
NYC Liberal
(20,136 posts)A commutation is probably better.
bluestateguy
(44,173 posts)This has gone on far too long.
msanthrope
(37,549 posts)KT2000
(20,583 posts)Obama needs to get on this.
laserhaas
(7,805 posts)Don't blame them (sort of) -----
I my group had put a man in prison falsely;
I'd worry the abused would want to choke me to death - too!
gregcrawford
(2,382 posts)Which is not to say that northern politics are much better. Look at Christie and Cuomo. But railroading a governor on transparently trumped-up charges is repugnant, even by Alabama standards.
laserhaas
(7,805 posts)If U.S. Attorneys can give false testimony to keep a Governor in jail;
then there's no such thing as Law and Justice.
Only, money, power and might makes RIGHT.
Who are (almost always) in the wrong...
Enthusiast
(50,983 posts)This corruption is a reflection on every politician, law enforcement employee and judicial employee in the nation. They should be deeply ashamed. They have ruined the nation.
laserhaas
(7,805 posts)99th_Monkey
(19,326 posts)The fact that Obama is refusing to commute or pardon Don Siegelman?
msanthrope
(37,549 posts)raining pardons from the sky, I've got a few names--people sentenced unjustly for their color--- who have been in for decades, can't afford private counsel, and don't have the funds to either mount expensive appeals, file for pardons, or get press coverage.
The Governor should do the paperwork. I wish him well.
99th_Monkey
(19,326 posts)Obama reportedly (in DailyKos) went "shoulder to shoulder" with GWBush
regarding Seigleman, and even pushed for a longer sentence.
http://www.dailykos.com/story/2012/06/05/1097552/-Gov-Don-Siegelman-Facing-20-Years-Obama-Pushes-for-Long-Sentence
Here DS's own kids are pleading with Obama publicly to pardon their Dad
https://www.change.org/p/president-obama-please-restore-justice-and-pardon-my-dad
msanthrope
(37,549 posts)process because his kids write a petition?
A petition?
Currently, change.org is hosting a "Let's Deport Justin Beiber" petition, too. Should ICE get right on that?
As for Obama asking for a longer sentence, people who claim that only reveal how little they know of the courts. The Obama DOJ and the Bush DOJ asked for the same sentencing range...which is what ANY DOJ would do. Only an idiot completely unfamiliar with how sentencing works--like the Kos diary writer--would suggest that Obama asked for "20 years more."
Ironically--Siegelman benefitted from Jeffrey Skilling. Wanna talk about how that happened?
former9thward
(32,023 posts)http://www.justice.gov/pardon/forms.htm
So let's stop with "he hasn't asked for a pardon" nonsense.
He can apply for a commutation of a sentence. However:
4. Completion of court challenges
A request for a commutation of a prison sentence generally is not accepted unless and until a person has begun serving that sentence. In addition, a commutation request generally is not accepted from a person who is currently challenging his or her conviction or sentence through appeal or other court proceeding. Accordingly, you should not complete and submit this petition until you have concluded all judicial challenges to your conviction and sentence and you have begun serving your sentence. You should also be aware that, in evaluating the merits of a commutation petition, clemency authorities take into consideration the amount of time the petitioner has already served and the availability of other remedies to secure the relief sought (such as parole or judicial action).
http://www.justice.gov/pardon/commutation_instructions.htm
Siegelman is still in appeals so he can't apply. There is nothing stopping Obama from granting either a pardon or commutation on his own. That is his Constitutional right which is not allowed to be impeded or questioned.
Every time there is a thread on this you come in to provide cover for Obama by saying there has been no application. Now other posters will see what you are doing.
laserhaas
(7,805 posts)Give it no mind - the Governor has a great legal team - who knows what they are doing.
former9thward
(32,023 posts)but I do agree with you there.
laserhaas
(7,805 posts)That's okay -
your agree afflict will pass soon
I'm sure
Meantime - HAPPY HOLIDAYS! (or did I just misspeak again - oops)
former9thward
(32,023 posts)Hope the next year will bring better legal news.
laserhaas
(7,805 posts)99th_Monkey
(19,326 posts)msanthrope
(37,549 posts)msanthrope
(37,549 posts)by admin along with the term "vexatious litigant." I am not so much contrary to you as I am contemptuous of your court filings, although not you as a person.
msanthrope
(37,549 posts)1) You can apply for waiver of the time. Interestingly, you forgot to include that paragraph. Why?
FROM YOUR OWN LINK--
A waiver of any portion of the waiting period is rarely granted and then only in the most exceptional circumstances. In order to request a waiver, you must complete the pardon application form and submit it with a letter explaining why you believe the waiting period should be waived in your case.
2) As for commutation,
a) nothing prevents Siegelman from submitting now---"generally is not accepted" means that some are, if the circumstances require it, and
b) nothing prevents Sigelman from dropping his appeals.
Do me a favor.....the next time you give me DOJ links, remember that I am a criminal defense attorney who has actually done this work.
deurbano
(2,895 posts)http://blog.al.com/wire/2013/05/tennessee_congressman_to_ag_er.html
By George Talbot | gtalbot@al.com
on May 22, 2013
WASHINGTON - U.S. Rep. Steve Cohen, D-Tenn., is calling on the Obama administration to free former Alabama Gov. Don Siegelman from prison
....Cohen, a lawyer from Memphis, made a direct appeal to U.S. Attorney General Eric Holder during a House Judiciary Committee hearing on May 15. Cohen noted that 113 former state attorneys general and Vice President Joe Biden support Siegelman's bid for freedom.
The president could pardon him now, Cohen said to Holder, urging him to review the case.
Holder responded that Siegelman was not eligible to apply for a pardon because hes currently serving his sentence, and a commutation was not possible because he has an appeal.
There are procedural issues, Holder said. Those are obviously problematic in regards to the relief you are seeking.
Cohen replied that president was not bound by Justice Department regulations, prompting Holder to agree: The presidents pardon power is close to absolute.
99th_Monkey
(19,326 posts)Not sure if Holder is telling the truth, but it's good to know what Team Obama's account of
why they are not pardoning Don Seigelman.
What a FUBAR mess his case has become.
msanthrope
(37,549 posts)does, his case should be reviewed.
Unless, of course, you want President Obama to pull a Dick Cheney?
Frankly...if President Obama is going to start raining down pardons from the sky, there are hundreds upon hundreds of people who are in prison, unjustly sentenced for their color, who lack attorneys, money, and publicity.
24601
(3,962 posts)had all presidential powers and was, per the 25th Amendment, "acting President", and use the opportunity to pardon Scooter Libby. But he didn't. They made no secret over their disagreement in the Libby case - so I've wondered why Cheney didn't use the power he held briefly.
24601
(3,962 posts)Clinton and his pardons: http://en.wikipedia.org/wiki/Bill_Clinton_pardon_controversy
laserhaas
(7,805 posts)And only care to destroy the truth n justice in quasi legal (Color of Law) ways
former9thward
(32,023 posts)Which is bureaucratic speak for never.
Nothing prevents Siegleman from dropping appeals. Well I guess you would have been happy if he just plead guilty and be done with it. It would have saved everyone so much trouble.
I know you claim to be a defense attorney. But judging from the content of your posts I would steer people away from you if I could.
Posters can read the requirements I posted and they can read your posts. They will know what the truth is despite your constant attempts to provide cover for Obama's inaction on this case.
laserhaas
(7,805 posts)Drives me nuts too - but you can't take it personal - when ebol persons rock the boat.
Just hang on to friends and life preservers (in these cases the truth)
msanthrope
(37,549 posts)federal prisoners.....he has the money and lawyers to foment appeals, pardons, and publicity. The fact is that President Obama cannot--and should not interfere in another branch of government.
deurbano
(2,895 posts)http://blog.al.com/wire/2013/05/tennessee_congressman_to_ag_er.html
By George Talbot | gtalbot@al.com
on May 22, 2013
WASHINGTON - U.S. Rep. Steve Cohen, D-Tenn., is calling on the Obama administration to free former Alabama Gov. Don Siegelman from prison
... He got railroaded, Cohen said in an interview this week, claiming that Siegelmans conviction was the result of Republican operatives trying to block him from a second term. Each day he stays in prison is a grave injustice.
Cohen, a lawyer from Memphis, made a direct appeal to U.S. Attorney General Eric Holder during a House Judiciary Committee hearing on May 15. Cohen noted that 113 former state attorneys general and Vice President Joe Biden support Siegelman's bid for freedom.
The president could pardon him now, Cohen said to Holder, urging him to review the case.
Holder responded that Siegelman was not eligible to apply for a pardon because hes currently serving his sentence, and a commutation was not possible because he has an appeal.
There are procedural issues, Holder said. Those are obviously problematic in regards to the relief you are seeking.
Cohen replied that president was not bound by Justice Department regulations, prompting Holder to agree: The presidents pardon power is close to absolute.
laserhaas
(7,805 posts)By the way -
it is a quaint note that Nixon is the one who signed the 1970 RICO Act into law.
Ironic
or
Sardonic
msanthrope
(37,549 posts)MADem
(135,425 posts)Or FORD...who pardoned Nixon.
But then you go on and have a look at the specifics of those pardons, and you will notice that:
Nixon was on his way out the door via resignation to escape impeachment.
Clinton had finished up his two terms, and was on his way out the door when he dropped that Rich bomb.
GHWB pardoned Cap Weinberger after he failed to win re-election, and after Cap threatened to take him down with him.
Ford pardoned Nixon...and that was the END of his political career.
No President does a "WTF--Jesus, man, that was POLITICAL!!!!" pardon (even one that would appear justified to those on the President's team) unless they are on their way OUT the door. These are 11th Hour events. No one pardons cases with political overtones if they have to hang around and take the heat.
MADem
(135,425 posts)pie....? Not that it can't ever happen, but the bar is high....
Yep....here it is: http://www.justice.gov/pardon/petitions.htm
(A document that belongs to We, The People, thus no copyright limitations...)
1. Post-conviction conduct, character, and reputation.
An individual's demonstrated ability to lead a responsible and productive life for a significant period after conviction or release from confinement is strong evidence of rehabilitation and worthiness for pardon. The background investigation customarily conducted by the FBI in pardon cases focuses on the petitioner's financial and employment stability, responsibility toward family, reputation in the community, participation in community service, charitable or other meritorious activities and, if applicable, military record. In assessing post-conviction accomplishments, each petitioner's life circumstances are considered in their totality: it may not be appropriate or realistic to expect "extraordinary" post-conviction achievements from individuals who are less fortunately situated in terms of cultural, educational, or economic background.
2. Seriousness and relative recentness of the offense.
When an offense is very serious (e.g., a violent crime, major drug trafficking, breach of public trust, or white collar fraud involving substantial sums of money), a suitable length of time should have elapsed in order to avoid denigrating the seriousness of the offense or undermining the deterrent effect of the conviction. In the case of a prominent individual or notorious crime, the likely effect of a pardon on law enforcement interests or upon the general public should be taken into account. Victim impact may also be a relevant consideration. When an offense is very old and relatively minor, the equities may weigh more heavily in favor of forgiveness, provided the petitioner is otherwise a suitable candidate for pardon.
3. Acceptance of responsibility, remorse, and atonement.
The extent to which a petitioner has accepted responsibility for his or her criminal conduct and made restitution to its victims are important considerations. A petitioner should be genuinely desirous of forgiveness rather than vindication. While the absence of expressions of remorse should not preclude favorable consideration, a petitioner's attempt to minimize or rationalize culpability does not advance the case for pardon. In this regard, statements made in mitigation (e.g., "everybody was doing it," or "I didn't realize it was illegal" should be judged in context. Persons seeking a pardon on grounds of innocence or miscarriage of justice bear a formidable burden of persuasion.
4. Need for relief.
The purpose for which pardon is sought may influence disposition of the petition. A felony conviction may result in a wide variety of legal disabilities under state or federal law, some of which can provide persuasive grounds for recommending a pardon. For example, a specific employment-related need for pardon, such as removal of a bar to licensure or bonding, may make an otherwise marginal case sufficiently compelling to warrant a grant in aid of the individual's continuing rehabilitation. On the other hand, the absence of a specific need should not be held against an otherwise deserving applicant, who may understandably be motivated solely by a strong personal desire for a sign of forgiveness.
5. Official recommendations and reports.
The comments and recommendations of concerned and knowledgeable officials, particularly the United States Attorney whose office prosecuted the case and the sentencing judge, are carefully considered. The likely impact of favorable action in the district or nationally, particularly on current law enforcement priorities, will always be relevant to the President's decision. Apart from their significance to the individuals who seek them, pardons can play an important part in defining and furthering the rehabilitative goals of the criminal justice system.
The truth of the matter, though, is Obama can do whatever the f0000ck Obama wants, when it comes to pardons. They are HIS prerogative. That said, Congress and the public can make his life MISERABLE if he doesn't jump through the DOJ guidelines to offer pardons.
Remember Marc Rich? There's a reason why Clinton pardoned him at the 11th hour. Remember Cap Weinberger? There's a reason GHWBush pardoned HIM ("If I go down, I'm taking you bastards with me" or words to that effect) at the 11th hour. The pardons that will bring a world of shit on a President are always done at the end of the 2nd term--or after one has lost re-election to a 2nd term!!
former9thward
(32,023 posts)is that in another 2 years I believe Siegelman will almost be at the end of his sentence. And in a prison atmosphere you never know what can happen in that 2 year period.
MADem
(135,425 posts)to go. He COULD, but I doubt he would.
Also, since Siegelman hasn't asked for a pardon, I don't see Obama reaching out and giving him something he hasn't requested.
I will say that if Siegelman manages to convince a judge to let him out while he appeals, he should ask for house arrest w/ankle bracelet, so that time could be added towards his jail time if the appeal doesn't work out. He should have done that the first time around--he'd be that much closer to getting out and suing civilly if he'd have made that happen.
I should think, given the focus on him, that it is incumbent on his jailers to ensure his safety. He's in a country club, low security federal prison, closer to a dorm than a jail, not a "hard time" institution, and right now the chief law enforcement officer in the land is a Democrat. I don't think he has too much to worry about.
Here's where he's living, these days: http://www.bop.gov/locations/institutions/oad/
Congressman Jefferson, that Fastow guy from Enron, and that Worldcom crook are also residents there: http://en.wikipedia.org/wiki/Federal_Correctional_Institution,_Oakdale
okaawhatever
(9,462 posts)about a possible commutation/pardon. That attorney ended up taking over Siegelman's defense. But everything was waiting on the appeal process. Most thought he'd be granted a new trail.
SIEGELMAN HASN'T APPLIED FOR COMMUTATION OR PARDON, REMEMBER THAT. A NEW TRIAL WILL BRING OUT ALL SORTS OF REPUBLICAN UGLINESS. THAT MAY BE WHAT SIEGELMAN WANTS.
Botany
(70,516 posts)Siegelman did not do anything that 2 previous Governors had done ....
if i remember the case he appointed somebody to a board where the
board members are not paid.
project_bluebook
(411 posts)He should have just tortured someone, he would have gotten away with that.
Jefferson23
(30,099 posts)Indydem
(2,642 posts)That he is GUILTY.
Kingofalldems
(38,458 posts)Octafish
(55,745 posts)When more than 100 state Attorney Generals -- including a bunch of Republicans -- agree he was railroaded, there's a problem. Hearing he appeared in a red jump suit and shackled shows what kind of a nation this has become, a police state in service of the connected cronies of Karl Rove.
laserhaas
(7,805 posts)Cause the bad guys can't exist and do ebol deeds, if good guys/gals are in office.
laserhaas
(7,805 posts)Can Obstruction of Justice be juxtaposed?
U.S. Attorney Canary "declared" she had nothing to do with Siegelman's case - after her recusal.
Can her falsity, once documented, be declared Obstruction; due to blocking Riley/Rove collusion to rig electoral processes?
Response to laserhaas (Original post)
Name removed Message auto-removed
mentalsolstice
(4,461 posts)One of the good guys!
nilesobek
(1,423 posts)That's a helluva long time in prison for a non violent crime even if he is guilty. Mercy.
laserhaas
(7,805 posts)1 day was TOO extensive a sentence;
but they mean it to be a LIFE one (ya dig)...
nilesobek
(1,423 posts)Even if you took a bribe wow. With all the corruption in politics what makes this guy's case so egregious that he needs such a harsh long sentence? The only humane thing to do is pardon him.
laserhaas
(7,805 posts)for letting Siegelman's case stay en lame....
red dog 1
(27,817 posts)"In 2009, the Obama Justice Department requested that Judge Fuller sentence Siegelman to 20 more years in prison when his appeals were concluded.
The new administration stood shoulder-to-shoulder with it's Bush predecessors in continuing the frame-up and cover-up."
http://www.democraticunderground.com/10025113875/
laserhaas
(7,805 posts)Just wish we knew what is REALLY going on here.....
red dog 1
(27,817 posts)If you want to know "what is REALLY going on here", you'll have to ask President Obama
Meanwhile, anyone who wants to sign the petition to Obama to free Don Siegelman or wants to help out in any way can go to the website set up by Don's daughter;
http://www.donsiegelman.org/
madville
(7,412 posts)I know he wants to be vindicated but it's just weird that's it's already been that long ago, he was originally sentenced to 7 years in 2006 but didn't actually start the time until his appeal failed in 2009.
sketchy
(458 posts)I don't watch their evening news show anymore, so I'm wondering if anyone saw anything from them. Given that they had that 60 Minutes piece on him, one would think they would at least follow up.
I don't think any of the big three networks mentioned it at all.
MADem
(135,425 posts)He should ask the damn judge for HOUSE ARREST--an ankle bracelet, a la Martha Stewart. That way, if things don't go well, his lawyers can petition that his ankle bracelet time count as "time served."
It may not be fun having to answer a phone periodically and limit one's travel, but it's better than doing a bit in stir. At least he can sleep in his own bed and cook himself up a snack if he's hungry, and enjoy a tv program when he feels like it.
laserhaas
(7,805 posts)laserhaas
(7,805 posts)Justice is a concept that endures only through the temerity & tenacity of good people.