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Siegelman's Attorneys to Call for Special Counsel in Wake of 60 Minutes Report
In the wake of last night's 60 Minutes report, attorneys for Don Siegelman will be requesting a special counsel to investigate the politicization of the prosecution.
Vince Kilborn, one of the attorneys handling Siegelman's appeal, said that the request, which will be addressed to Attorney General Michael Mukasey, will focus on 60 Minutes' revelation that prosecutors had such problems with Nick Bailey, the government's star witness, that he had to write out his testimony over and over again to get it straight. Such notes would have been required to be turned over to Siegelman's counsel before trial. Prosecutors turned over no such material, 60 Minutes reported.
Kilborn said that the request will focus on the obvious conflict of interest for the local U.S. attorney's office and the Justice Department to initiate an investigation. The request will be placed in the context of the U.S. attorneys firings scandal, which demonstrated the politicization of the Department. "There needs to be a hard look at this case by someone independent."
Mukasey has said that issues with Siegelman's case should first be heard on appeal. But Kilborn said that would mean that Siegelman would spend another "year or so, maybe two" before he had a hope of being vindicated. "That's just not acceptable."
Kilborn said he expected to send his letter tomorrow.
Josh
Zachary
Is Mukasey aware that the (conflicted) judge in the case is refusing to release the trial transcript, thus making it impossible for Siegelman's attorneys to file an appeal? Somehow, I don't think it has escaped his notice.
February 25, 2008 5:01 PM | Reply | Permalink
Mukasey knows this one stinks to high heaven. He'll stall for as long as he can, and then appoint a GOP hack to investigate it. Honestly, there's something to be said for waiting for an Obama AG to do this right.
February 25, 2008 5:21 PM | Reply | Permalink
This needs to be fully investigated and someone needs to go to jail and it ain't Siegelman. The people that are responsible for this, from Karl Rove on down, should be made to shake in their boots. In 2008 no one should be able to get away with this kind of politics. This is not a third world country nor do we live in Cuba or Russia where you can simply make your political rivals go away.
February 25, 2008 5:21 PM | Reply | Permalink
According to the Siegelman web site, it's been seven months without a trial transcript, and without a transcript, there can't be an appeal. Is this the USSR? How is it possible that this man could be railroaded and that the court is defying judicial practice by withholding a transcript? Mukasey will block any action, I'm sure, until Bush's term is over.
February 25, 2008 5:26 PM | Reply | Permalink
Viking--I doubt that. I think they're going to try and squash this one by taking charge of the investigation into it, a la the torture tapes. That's what I would do--put some hack on it with explicit instructions to sink the thing. That way you can always say "we don't comment on ongoing investigations" etc. until you've got the situation under control.
I was also thinking Bush might actually pardon Siegelman, in the hopes that Siegelman will take it and try to get on with his life etc. Once he's pardoned all kinds of arguments could be made to forget the past, it's over, etc.
February 25, 2008 6:00 PM | Reply | Permalink
from what I've heard, the court reporter died, so the court isn't able to provide a transcript
that alone should be grounds to VACATE THE CONVICTION
the conviction CAN'T be appealed without a transcript
without the court reporter, there isn't any reason to continue with this conviction
February 25, 2008 6:40 PM | Reply | Permalink
Mukasey is dishonest and corrupt and an entirely representative example of our legal and political system.
February 25, 2008 7:10 PM | Reply | Permalink
I wrote Senator Chuck Schumer before Mukasey's confirmation, warning him not to back his buddy. Mukasey is worse than Alberto Gonzalez. He's corrupt AND competent.
With that said, it looks like we're going to wait for Obama to go after Bush's thugs.
February 25, 2008 8:50 PM | Reply | Permalink
Why, instead of news reports on this are we not hearing of masses of alabama protestors demanding the immediate firing and disbarment of these prosicutors and judges, let alone the blunt jab by cbs to try and block the info from the alabama people? My outrage that this even came to trial to begin with is fueled even more by the lack of outrage by the fine residents of alabama.
February 25, 2008 9:37 PM | Reply | Permalink
Hunter05, the masses in Alabama have been duped by the three major newspapers (Bham, Mobile & Huntsville). They are sister papers which are in the pocket of the Alabama GOP. They have consistantly printed leaks from the US Attorney's office, and basically carried their water. The VAST majority of Alabamians do not know the truth, so they can't be outraged. That's why the 60 Minutes program was so vital. But, of course, that was blacked out to 1/3 of Alabama.
February 26, 2008 11:15 AM | Reply | Permalink
There's so much wrong in this case that it's hard to know where to begin.
The judge, Mark Fuller, who oversaw the Siegleman case is a good place to dig. The conflict of interests were obvious as was the highly unusual shackeling and failure to allow Siegleman to post bail when Siegleman was found guilty. Ditto the fact that Siegleman can't appeal until he gets the court transcripts and Fuller refuses to release the transcripts. (And the Justice Department is doing what as this is happening???)
For what it's worth, here's a link to more background on Fuller that looks like tin-hat-wearing conspiracy nut stuff but EVERYTHING to do with this case stinks to high heaven so this could be true as well: http://www.insider-magazine.com/MarkFullerStory.html
And what's up with 60 Minutes not mentioning the egregious "irregularities" of the election the Republicans seem to have stolen with impunity from Siegelman in '02?? Isn't that relevant? Ditto the Jack Abramoff and Ralph Reed connections and the reports of the burning of Jill Simpson's house and that she was run off the road as well as a breakin of Siegleman's house and the ransacking of his lawyer's office.
And, why air a premier investigative piece during the freaking ACADEMY AWARDS!!?? WTF??
February 26, 2008 6:31 PM | Reply | Permalink