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Mimi Kennedy

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The Curious Case of Don Siegelman

Posted: 09/03/2012 11:05 am

Don Siegelman should be a star in the Democratic Party. Instead, he's a former elected official sentenced to prison by a right-wing judge in Alabama.

Siegelman had the temerity to be a popular Alabama Democrat who'd won every statewide office by 1998, when he first became governor. With Jewish and Catholic roots, and empathic appeal to minorities, he threatened the GOP "southern strategy" for a dominant one-party Republican nation. To the GOP, Siegelman was potentially Another Clinton -- as repellent to them as Another Cuba.

U.S. Attorney Leura Canary, a friend of Karl Rove's, incited Siegelman's prosecution for bribery, destroying his political career and hurting his family. Read this letter signed by 113 former attorneys general and other national leaders, both Democrat and Republican. They assert that the prosecuted "bribe" wasn't one, and that, if this conviction stands, it threatens every public official and contributor at every level of government. Such routine transactions, if prosecuted, would choke our courts.

The "bribe"? Don Siegelman wanted to create a state lottery that would provide funds for Alabama youth to attend state college for free. Richard Scrushy, CEO of HealthSouth, donated $500,000 for a campaign to convince Alabamans this was a good idea. The lottery referendum went on the ballot. The half-million didn't benefit Siegelman's gubernatorial campaign or him personally -- unlike, say, the billions being poured into the current presidential race via the super PACS and individuals like Sheldon Adelson.

The referendum lost. It was opposed with money pouring in from nearby Mississippi, where Indian casinos, represented by Jack Abramoff, were threatened by the idea of Alabamans spending gambling money at home, for education.

Siegelman's first indictment from federal prosecutors came in 2004. Already, in 2002, rumors of alleged "crimes" had circulated during Siegelman's campaign for re-election as governor. But he almost won anyway; he went to bed as the announced winner on election night. The next day, Bob Riley announced that he had won. A sudden redistribution of gubernatorial votes in Baldwin County had reduced Governor Siegelman's totals by 3000, giving the win to Riley. No other Baldwin County results shifted during this odd event. Republican Attorney General Bill Pryor denied a recount of the paper ballots.

The 2002 indictment was thrown out immediately. Federal Judge U.W. Clemon called the case "unfounded" and dismissed it with prejudice. In 2006, Don Siegelman sought to regain his stolen governorship -- and was indicted again. This time the prosecution was brought by U.S. Attorney Leura Canary. Leura's husband Bill Canary was running Bob Riley's re-election campaign.

Federal Judge Mark Fuller didn't throw out the indictment, though it was brought after the 5-year statute of limitations had run out on the crime alleged. Fuller ignored this, and disallowed all evidence of political and legal corruption in the case, including witness and jury tampering. Siegelman was convicted. His appeals have run nearly six years and his prosecution has cost the taxpayers millions. It ended with the U.S. Supreme Court's refusal to hear the case this summer and its decision to send the case back to Judge Fuller "without comment."

Judge Fuller ruled that ex-Governor Don Siegelman shall resume serving his remaining sentence -- five years -- and chose for Don to report to prison on September 11.

What did Mr. Scrushy "get" in return for donating to Siegelman's lottery campaign? Re-appointment to a state board for hospital oversight. It's a position that doesn't pay and Scrushy didn't want it. He'd served on the board for twelve years for three preceding governors. According to Governor Siegelman's intrepid daughter, Dana, her father implored Scrushy to re-join the board to make it bipartisan and attract more business to the state. Some bribe! Scrushy gives, and gets what he doesn't want in return, along with an indictment and prison, too. The stated reasons are these. But he also said yes to a popular, targeted Democrat.

Dana Siegelman has launched a presidential pardon petition for her father, who was taken in shackles from a courtroom ten years ago. Don Siegelman served nine months before release on appeal, moved among prisons in various states, making it difficult for family, friends and media to see him. He was recommended for solitary confinement, and put there often. When a warden in Louisiana finally asked, "What's with the recommendation for solitary?" Don replied, "I have no idea." And that warden put him in the general prison population.

The Soviet Union was a one-party state. In such states, enemies of the party become enemies of the state, and the state can punish with full weight of prosecution. Loyal opposition is allowed in such faux democracies as window-dressing. But if you're too good at opposition, you become disloyal to the state. As an enemy of the ruling party, you're guilty. And a state crime can be found to prove you so.

In El Salvador, when neighbors were disappeared, tortured or killed, people doubted their own knowledge of the victims, and worried there must have been some secret guilt involved to deserve such punishment! That's how political terror succeeds. It silences and makes us doubt one another. Americans must reverse this miscarriage of justice in Don's case, both as rectification and deterrent. The fact that so few have stood up against it is shocking, and bodes ill for our country. Don't let it stand.

Sign the petition and get more information at: www.donsiegelman.org

 
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Don Siegelman should be a star in the Democratic Party. Instead, he's a former elected official sentenced to prison by a right-wing judge in Alabama. Siegelman had the temerity to be a popular Alab...
Don Siegelman should be a star in the Democratic Party. Instead, he's a former elected official sentenced to prison by a right-wing judge in Alabama. Siegelman had the temerity to be a popular Alab...
 
 
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03:04 PM on 09/13/2012
Sure, he didn't do anything any other politician has probably done, but the big difference is that he got caught. Siegelman was the first person whom I voted for for governor, when I was 19 years old. All that he did was disappoint me. Before he was elected, he spoke to a crowd of college students (which I was a part of) and told us that, if we helped elect him, we would not have to pay tuition ever again as long as we remained in public universities and kept our GPAs up. That's a bold statement, which he made with no uncertainty; that's how hard he was counting on his lottery referendum passing. When it didn't, he whined about it- and drastically cut funding for public universities, causing our tuition to skyrocket. When he lost the next election, he whined about it too, and demanded a recount. When he ran for governor four years later and failed to even secure his party's nomination, you would think that would have humbled him somewhat, but here he is whining again. Stop whining, Siegelman, and serve your sentence.
05:23 PM on 10/16/2012
All 100% WRONG.
1. He did not "get caught" as no crime was committed in the first place. Don pocketed not a dime.
The U.S. Supreme Court ruled on Honest Services since his trial, which was a good reason to appeal the outrageous Appellate Court decision.
2. The education cuts were of course implemented by the Republican that was 'elected' in 2002, after Don had 5,000 votes for him, giving him the Governorship, mysteriously switch to the Republican overnight.
3. That recount was furiously denied by the same judge that is now on the above appeals court, an obvious conflict of interrest.
4. He failed to win the primary in 2006 because just before that, the bogus charges against him were trumpeted by the Karl Rove influenced corrupt U.S. Attorney Office for Alabama Middle District after being sealed while they judge shopped.
FYI, the U.S. Attorney at that time was married to the former campaign manager for Don Siegelman's Republican opponent. She has been outed as failing to honor her supposed recusal announcement. Another prosecutor was in charge officially.

President Obama should pardon him due to the misdeeds, not necessarily illegal, of Bush's 'Justice' Dept that persecuted Democrats in front of sympatico judges.
08:39 PM on 10/24/2012
'
You should be ashamed... 3000 votes switched overnight.... Nicole Jordan, I doubt that is your real name...
08:45 AM on 10/25/2012
Seriously? I present an adverse opinion- that Siegelman was a poor governor, as well as an arrogant, self-righteous individual, who betrayed the people who voted for him- and I should not only be ashamed, but I'm not even using my real name? I connected through an account on Facebook, where they don't allow aliases, so if you're so sure I'm using one you should let them know.
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HUFFPOST SUPER USER
helpusa
02:00 PM on 09/12/2012
That the justice system was politicized to this extent has given me nightmares. Where do the people go for unbiased justice? This case is beyond unacceptable to every thing that we hold dear in this country. Not only could every politician be put in jail for doing what they claim Gov. Siegelman did, when he actually did not profit personally, while others do.

This case should have been thrown out from the get go considering the obvious conflict of interest
by those involved.

I hope that everyone here goes to http://www.donsiegelman.org/ and sign the petition, and tell other people. This wonderful man and family have been also financially devastated. So unfair.
08:51 AM on 09/11/2012
Just hours before he reports to prison today, Don Siegelman talks to Amy Goodman on the news show Democracy Now… pretty interesting to hear the backstory on his case. The video is at www.democracynow.org
07:44 AM on 09/11/2012
For the full, but not yet complete, story on the political prosecutions during the Bush Administration, please view the 50 minute documentary on http://www.politicalprosecutions.org/.
02:30 AM on 09/11/2012
If we know anything by now we know that Eric Holder is an empty suit; and, this reflects the cravenesss of Obama himself. Countless articles and investigation, that should have been done by the AG, have shown that Gov. Seigalman was framed. Banksters let off scott free for crimes against the people FRAUD. Innocent whistle blowers punished. I'm not holding my breath waiting for this cowardly, enablers adm. to do the right thing; sad, really. This outrage against Gov. Don Seigalman is merely one case of willful neglect and cowardice of the cur adm.
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HUFFPOST SUPER USER
Paros
03:25 PM on 09/09/2012
Your construction of Scrushy's role is absurd. Scrushy not only wanted the appointment but profited from it. He wanted a certificate of need to build a modern hospital is southern Jefferson County. Without this appointment that CON was not going to happen.

The prosecution of Siegelman is certainly questionable but whitewashing Scrushy truly diminishes the validity of your argument.
11:51 PM on 09/07/2012
A Southerner born and bred, I can tell you this is one reason why someone from Tennessee says thank God for Alabama ... at least there's another state we can look down on. The best thing about this story is that it does seem unlikely the same thing could happen outside the South. And since so many of the rabid Obama haters have Southern accents, when he's reelected and talk of secession resurfaces, as it will, I say let's let 'em go this time. Let every state that votes to leave do so. Of course, they'll either chicken out, or beg to be let back in after a few years of seeing what the real world is like. But this time, let's let Mexico have Texas.
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HUFFPOST SUPER USER
magginkat
11:27 PM on 09/07/2012
It seems that even on the Huffington post there is no justice. I wrote a two part response which seems to have been immediately deleted. I still say that if if Don Siegelman is guilty so is President Obama, probably every governor in the country, all the past presidents, members of Congress & anyone else who is in a position to appoint a donor to any office.
http://grandmamaggies.blogspot.com/2012/09/don-siegelman-political-prisoner-usa.html
09:22 AM on 09/11/2012
Just thought I'd let you know, your other posts are still there. They were not deleted.
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HUFFPOST SUPER USER
magginkat
10:41 PM on 09/07/2012
Cont'd ...........I'm sure that Don Siegelman wanted to clean up his state of the corruption of a one party control. Everything about this case leads to that vile piece of humanity named Karl Rove and the corrupt Attorney Generals put in place by George Bush & the goons beneath them.
Everyone of those crooks should be in prison. We know what they did and why so what will it take to clear Don's name of these trumped up charges when our so-called Dept Of Justice turns up it's nose at the very thought of looking into this case?
By the way, if Don Siegelman is guilty so is President Obama, probably every governor in the country, all the past presidents, members of Congress & anyone else who is in a position to appoint a donor to any office.
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HUFFPOST SUPER USER
magginkat
10:40 PM on 09/07/2012
Several years ago we watched as the DOJ threw out the case against the late Ted Stevens of Alaska, one of the most corrupt people to ever sit in Congress according to what I have read. The DOJ and the SC refused to look at Don's case even though it has been so obvious that these were trumped up charges filed & prosecuted by the most corrupt gang of thugs to come along in years. It included everything...a judge who was known to hate Don Siegelman, jury misconduct, a trial that was about revenge, & a conviction for a non-crime, all because Don got in the way of their continued corruption. A TV writer could hardly come up with a story like this. The result, an innocent man is going back to prison for a non-crime and nobody with the authority to do anything about seems to give a damn. Hundreds, if not thousands of letters, phone calls, faxes, etc., have gone to Eric Holder at the DOJ, to President Obama, to Congress people, news sources, etc. with zero interest. What the hell kind of country have we become that a man & his entire family has been destroyed by these vindictive, conniving, corrupt officials in Alabama & beyond and everyone just seems to say, "Oh well....he must have done something". Yes he did something. He wanted to provide help for kids in Alabama so they could have a decent education.
01:31 AM on 09/06/2012
I read that Governor Siegelman appointed a prosecutor to investigate Mark Fuller for possible corruption. Of course no charges were filed. Fuller should have recused himself immediately.

I was sickened by the career prosecutor from the DOJ first asking for TWENTY YEARS and then gloating to the press after Don was forced to grovel in court faced with that possibility. The U.S. Attorney for Alabama - Middle District, George Beck, Jr., didn't even bother to show, as he formerly bungled Don Siegelman's DEFENSE.

113 former States Attorneys called for the SCOTUS to toss the entire case, worried about the dangerous precedent of "implied consent" - a loaded weapon handed to an ambitious prosecutor.

SEE: Siegelman Deserves New Trial Because of Judge's 'Grudge,' Evidence Shows
http://www.huffingtonpost.com/andrew-kreig/siegelman-deserves-new-tr_b_201455.html

A VERY comprehensive (and sickening) account including the DOJ filing secret sealed charges in front of a nondisclosed Judge Fuller just before the Alabama primaries in 2005.
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10:51 AM on 09/04/2012
This is so similar to what was done in the Dreyfus Affair, innocent French Army officer framed, who spent years on Devils Island; before his wife w/Emil Zola dug out the truth of the conspiracy against him. The governor's daughter, Dana has worked tirelessly, she and her father have been interviewed by Peter B. Collins and Mike Malloy among others. Thx to Mimi for her constant conscience in this dire Constitutional crisis. We must prevail; in the name of we the people, we must.
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smkyle
Publisher, LA Progressive
01:20 AM on 09/04/2012
Thank you for posting this story. It's important for us to remember what we are up against.
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HUFFPOST SUPER USER
kimk3
10:33 PM on 09/03/2012
Thanks for writing this. It's important to keep attention on this travesty of justice. Unfortunately, I can't sign the petition -- because I already have.
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HUFFPOST SUPER USER
offred
A biocitizen is 3/5 of a corporate citizen
01:14 PM on 09/03/2012
In a just world, Karl Rove would be in jail and Siegelman would be suing him for every ill-gotten dollar he's made.