From donsiegelman.com: Appeal goes to the 11th Circuit / Jan 10th Action

Please distribute widely

via Msrk Crispin Miller and mod mom:

As you know, on November 7th the appeals court ordered Judge Mark Fuller to show cause why Governor Siegelman was not allowed to remain free while his case is on appeal. On December 31st, Governor Siegelman's attorneys filed a motion with the appeals court asking them to either require Judge Fuller to end his delaying tactics or to rule on the appeal bond without his input. Miraculously, on January 2nd , 55 days after the appeals court requested it - Judge Fuller produced a voluminous 32 page document denying Siegelman's appeal bond. Bear in mind that during this entire delay, Governor Siegelman was sitting in federal prison.

So now, the issue of whether Governor Siegelman is freed while his case is on appeal rests solely with the judges at the 11th circuit court of appeals in Atlanta.

We are very optimistic about the forthcoming ruling. The appeal bond decision will be based on whether there is a likelihood of reversal of the verdict on appeal and also taking into account whether the case has serious questions surrounding it.

There is not a case in existence that has more troubling questions surrounding it than the Siegelman case. National media accounts and a congressional hearing have shown that there were serious improprieties in the investigation and indictment of Governor Siegelman. According to a Rasmussen Poll, 56% of the people in Alabama think Governor Siegelman was targeted for political reasons. And that doesn't even take into account the many irregularities surrounding the trial, jury activity, and post verdict actions of the Judge and the prosecutors.

In his order denying Siegelman's appeal bond, Judge Fuller said that in regarding the definition of a bribe it was not necessary to show that a specific agreement had been made. Unfortunately for Judge Fuller, the statute specifically states the opposite. Even the Acting US Attorney disagreed with Judge Fuller. The fact that the Government and the Judge can't get their facts straight again highlights the faultiness of the conviction.

But, as we all know, Governor Siegelman's case serves as the primary example of how the Justice department was corrupted for political purposes. That is why on January 10, everyone needs to call their Senators and Representatives and urge a full investigation into how the Justice department ran roughshod over the constitution in Alabama.

Governor Siegelman has now been in prison for 6 Months and 4 days. Over 18 months has passed since the trial ended and he can not even begin his official appeal because Judge Fuller has failed to provide a trial transcript. The rules of criminal procedure require a transcript within 30 days of sentencing.

The questions continue to mount and the wheels of justice continue to grind - albeit very slowly. But Governor Siegelman is keeping the faith and he urges all of us to do the same.
Friends of Don Siegelman

contact us at
Info@Donsiegelman.com
www.donsiegelman.com
Contact for Friends of Don Siegelman E-mail
Info@Donsiegelman.com

Call for Action!
On January 10, we are asking friends and supporters of Gov. Siegelman to flex their muscles and focus the House and Senate's attention on the outrageous events that have occurred in the Political Prosecution of Gov. Siegelman.

Rep. Artur Davis and Rep. John Conyers have taken great strides in calling attention to the injustice and partisan politics that have invaded our justice system. We want to encourage all Representatives and Senators of both parties to get behind the movement to expose those people who have perverted our justice system and hijacked our constitution.

On January 10 we ask that you call your senators and representatives and make it clear that Gov. Siegelman's case is something that they should investigate and begin to work with Rep. Conyers and Rep. Davis to correct.


Contribute to the Siegelman Legal Defense Fund

We also ask that you take the time to contribute to Gov. Siegelman's legal defense fund. As this case is being dragged out, Gov. Siegelman's legal bills continue to mount. Every dollar will go to efforts in place to aid Gov. Siegelman and to clear his name.

Send Contributions to
Siegelman Legal Defense Fund
P. O. Box 430116
Birmingham, Alabama 35243

Find out more about the Siegelman Case

You can learn more by going to the website. It is www.DonSiegelman.com . Take a minute to send up for the newsletter. Remember on January 10th we want everyone to call their Congressman and Senator.
Want to Help?

There are many things that you can do! Write Don a letter in prison, write editorials, write your congress representative and more. The TAKE ACTION page makes it easy!

And don't forget to contribute to the Siegelman Legal Defense Fund!

(Kics and recs much appreciated)

Anyone who might help his case along?

for people to send the Governor mail in support. It's the least we can do!

Thank you for asking, anna. :hi:

Everybody do this!

We must fight corruption in our justice system, and this case needs widespread attention. Don Siegelman needs to be freed pending appeal at the very least...

:hi:

:)

The third question is why the prosecution was permitted to use the Racketeer-Influenced and Corrupt Organizations Act (“RICO”) as the basis for its case against Siegelman. RICO was developed in the late 1960s to provide prosecutors more reach to fight organized crime. The use of this statute in cases involving political corruption charges is problematic for a number of reasons, among them because it begins a process of marking government functions as organized crime—which in itself undermines public confidence in government. As Harvard’s Arthur Maass said, applying RICO in such cases is “unauthorized, out of control, and overall questionable.” For this reason, it has often been urged that the RICO statute be used extremely sparingly, if at all, in political cases. Procedures are in place which limit its use and require approval at a very high level in the Department of Justice in Washington, D.C. In the Siegelman trial, the essence of the prosecution’s case was what Notre Dame law professor G. Robert Blakey, a former prosecutor who wrote the RICO statute, calls the “trashcan theory of prosecution.” The prosecution’s case was, essentially, a dog-and-pony show: countless facts were presented, and the jury was asked to see corruption behind every deed. As Alexander Hamilton once observed, when a prosecutor makes enough claims of wrongdoing against an innocent man, he is very likely to get a conviction on something. The use of RICO in this case is one of the telltale signs that the prosecution is politically motivated and driven. In fact, a former senior Justice Department lawyer who requested anonymity told me:

Congressional investigators need to probe into the process by which the RICO charges were brought in this case. I believe they will find a trail of politically incendiary decision-making in which established practices and procedures were cast to the wayside in a vendetta-like prosecutorial effort.

http://www.harpers.org/archive/2007/08/hbc-90000714

HARPERS HAS AN EXCELLENT SET OF ARTICLES ON THE CASE SURROUNDING FORMER GOV SIEGELMAN-ESPECIALLY INTERESTING IS JUDGE FULLER WHO OVERSAW THE TRIAL & SENTENCING. I HIGHLY RECOMMEND READING THIS.

Thanks Sfexpat for helping to keep this story in the spotlight! :hi:

The Pork Barrel World of Judge Mark Fuller

BY
Scott Horton
PUBLISHED
August 6, 2007

For the last week, we’ve been examining the role played by Judge Mark Everett Fuller in the trial, conviction, and sentencing of former Alabama Governor Don E. Siegelman. Today, we examine a post-trial motion, filed in April 2007, asking Fuller to recuse himself based on his extensive private business interests, which turn very heavily on contracts with the United States Government, including the Department of Justice.

The recusal motion rested upon details about Fuller’s personal business interests. On February 22, 2007, defense attorneys obtained information that Judge Fuller held a controlling 43.75% interest in government contractor Doss Aviation, Inc. After investigating these claims for over a month, the attorneys filed a motion for Fuller’s recusal on April 18, 2007. The motion stated that Fuller’s total stake in Doss Aviation was worth between $1-5 million, and that Fuller’s income from his stock for 2004 was between $100,001 and $1 million dollars.

In other words, Judge Fuller likely made more from his business income, derived from U.S. Government contracts, than as a judge. Fuller is shown on one filing as President of the principal business, Doss Aviation, and his address is shown as One Church Street, Montgomery, Alabama, the address of the Frank M. Johnson Federal Courthouse, in which his chambers are located.
?Annual report details, Doss Aviation, 2002

Doss Aviation, Inc. (motto: “Total Quality Service Isn’t Expensive, It’s Priceless”) and its subsidiary, Aureus International, hold contracts with a number of government agencies. Quoting from defense counsel’s motion for recusal (emphasis in the original):

Doss Aviation, Inc. has been awarded numerous federal military contracts from the United States government worth over $258,000,000, including but not limited to: An August 2002 contract with the Air Force for $30,474,875 for Helicopter Maintenance, a November 2003 contract with the Navy for $5,190,960 for aircraft refueling, a February 2006 contract with the Air Force for over $178,000,000 for training pilots and navigators, and a March 2006 contract with the Air Force for $4,990,541.28 for training at the United States Air Force Academy. The February 2006 contract with the Air Force for over $178,000,000 is for 10 ½ years, but is renewable from year to year . . .

-snip
http://www.harpers.org/archive/2007/08/hbc-90000762

Call my reps
Write to Governor Siegelman
Recommend this thread
and
:kick:

:kick:

I feel less helpless.

:hug:
:grouphug:

I hope we can get many others to take action tomorrow.

I really hope that rat bastard rove gets nailed for this and so much more!

Nailing kkkarl would be orgasmic! But for now, I want Governor Siegelman released from prison pronto. What has happened to him makes both my brain and my heart hurt.

his family!

:kick:

http://www.al.com/news/birminghamnews/index.ssf?/base/news/1199524552237220.xml&coll=2

This is the second extension of the deadline for the transcript. By the time it is done, the trial will have been over for 21 months. Siegelman will have been in prison for 9 months.

Siegelman!