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Siegelman Released from Prison

From The Birmingham News:

Former Gov. Don Siegelman will be released from prison, after the 11th Circuit Court of Appeals granted him an appeal bond, the lead prosecutor in the case said.

Acting U.S. Attorney Louis Franklin said he received a courtesy call from the court today. "He's going to be released," Franklin said.

He said he was disappointed but said, "The 11th Circuit has the discretion to do that and I respect that."

Update: I just got off the phone with Hiram Eastland, one of Siegelman's lawyers, who said that today the appeals court had issued a "straightforward" four-page order simply finding that there were, indeed, "substantial questions" raised by Siegelman's appeal. The ruling overruled the controversial finding by the district judge in the case, which had sent Siegelman immediately to prison after his conviction. Eastland said that Siegelman could be released as early as tonight or tomorrow morning at the latest. "We're obviously very gratified that the court gave it that thoughtful consideration," he said. "The governor is coming home!"

Siegelman's release means, obviously, that the House Judiciary Committee won't have to go through the trouble of getting Siegelman released for him to testify.


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Siegelman's case has been a shocking example of political corruption -- of the Bush administration, and of the Alabama court that supervised his conviction.
I don't think he'll see the inside of a jail again.

I have the feeling that all hell will be breaking loose out of this. As much a stir as the Daniel Ellsberg Papers caused.

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I'm wondering if some Alabamian prosecutors might be sacrificed to improve McCain's chances with anti-corruption undecideds.

Will the prosecutor appeal the release?

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Good news. Progress, finally.

This should help to reenergize the DOJ hearing and to hopefully move the ball forward somewhat in that regard.

The Siegelman affair caught my attention from the 60 Minutes broadcast.

I suspect that only in State of Alabama can you eliminate a man from office by triumphing up false crimes against him, and putting on the shackles on before before he is even out of the court room.

Since the Republicans couldn't get him out of office any other way, he was fair game where politics trumps the judicial system by a mile.

I also noticed that somehow the 60 Minute Broadcast was blacked out in Birmingham and Huntsville. Of course, that was just accident. I hear the CBS schedule came back on after the show.

Those people, who run that state, are not even subtle.

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Not blacked out in Birmingham - only Huntsville. And while it did, shamefully happen in Alabama, with the Bush DOJ it could happen anywhere . . . and will if we don't take this country back.

Commenting on hardwick's post above....the idea that this could only happen in Alabama is dead wrong.

In fact, the state Republican party, though quite slimy, had little to do with the Siegelman prosecution.

If you watched the 60 Minutes expose, you know that this was orchestrated directly by Karl Rove himself.

And the blackout in Huntsville? Turns out that station is owned by a conglomerate with close ties to both Texas politics and GWB.

So yeah, maybe Alabama provided fertile ground for this coverup. But a lot of us progressives in Alabama have been working very hard to make sure that these dirty tricks were uncovered. Siegelman's release today vindicates some of that work.

However, don't think for a minute that this is only an "Alabama problem," that this could never happen in your state. This wasn't orchestrated by the people who "run" Alabama. This was the Bush Administration's doing, all the way. And they will reach into any state, at any time, with their nasty tricks.

I appreciate your hard work, as you mention, in the state. But isn't or wasn't this the second time Karl Rove has successfully intervened in Alabama politics. He came in there and got some Republican judge elected, when a Democratic was set to win by a lot, if I recall correctly. Don't think it was Pryor, who is a fed'l official, but rather a local judge. Not 100% sure.

As a practicing criminal defense attorney and as someone who has visited many clients in prison, there are times when I have very little faith in our criminal justice system and I would add that if I were to ever find myself facing the possibility of time in prison (rightly or wrongly) I would be sorely tempted to just disappear completely.

Oh, and PS -- the Siegelman segment on the "60 Minutes" broadcast was blacked out in Huntsville.

It aired fine, however, here in Birmingham. Please check your facts a little more carefully before you slander an entire state!!

It's about time and with "Due Process," the chains that has bound Siegelman should be promptly strapped onto Karl Rove's wrists, ankles, and more importantly, around his neck, restricting his ability to spread his poisonous scheming and conniving that has been responsible for unaware and misinformed citizens to make unwise decisions that has crippled this great nation.

I am so happy to read this news. This story affected me so deeply--and I'm not really sure why it did more so than the other daily assaults (global warming, the ongoing war, outing CIA agents, complete corruption of the justice department, lack of proper funding for education, health care, road repairs, etc.) Anyway, after reading all of the good investigative journalism--particularly by Harper's Scott Horton and Raw Story's Larisa Alexandrovna (I hope I got her name right) and watching the 60 minutes segments and following Dan Abrahm's coverage, I am just so encouraged by this outcome and hope that true justice will prevail, the bad guys end up in jail or losing their positions of power and that the department of justice is salvageable next year when (if?) the Dems take over.

Time to rip the lid off the Siegelman prosecution/persecution in front of the HJC. A CSPAN SRO event not to be missed.

Rove & Co are no doubt feverishly working on a massive spin effort to explain away the truth coming out during that testimony.

Karl's festering deeds can't stand the light of day. Sunshine is the best disinfectant.

With all due respect to those who would see the Siegelman case as a liberal cause celebre: you should learn some of the facts about this case first.

Siegelman, whatever his party affiliation, has long had a reputation as an unscrupulous -- I'm putting that gently -- politician. In the case at hand, he sold off a seat on the state hospital board to Richard Scrushy for a $500K campaign donation. His defense is that since the money didn't go to him directly, it's not a "bribe." Please. This was an explicit quid-pro-quo; give me the board position and I'll give you the money. That's what happened. Scrushy wanted the seat to advance his business interests; Siegelman was happy to give the fox run of the public's hen house -- for cash.

Now: Scrushy, to remind you, is the former massage therapist-turned-sociopathic CEO who founded HealthSouth, and then ran the company like it was own private till -- with two sets of books, no less -- bringing it to the brink of bankruptcy, costing hard working and honest people their jobs and savings in the process. Despite guilty pleas from many of his underlings, he was acquitted of criminal charges in that case -- to the shock of just about everyone, including, I'm sure, himself -- after quickly finding Jesus, going on TV to preach to largely black audiences and giving away large sums of his probably ill-gotten wealth to black churches (all after his indictment -- not before). His quick-found largesse was cynically aimed at winning the good graces of the city's (justifably aggrieved) black population (Scrushy's white), one that just happened to make up the lion's share of the jury pool. Sadly, that snake oil ploy worked. It was Alabama's OJ case. The guy maybe a charlatan, but he's a talented one. After all, the company he micromanaged conned Wall Street with two sets of books for years. Word to the wise: Scrushy didn't give a damn about the poor folks of Birmingham then; and he doesn't give a damn about the Rove-haters whose sympathies he's soliciting now. Caveat sympathizor.

The kicker on the Siegelman case is that the so-called star witness and former Republican "operative" has changed her testimony, or rather, embellished it at every telling. The story went from her saying she heard the current Republican governor's son say that he'd let "his girls" (the local US attorneys) take care of the case -- possible -- to, much later, her claim on 60 Minutes that Karl Rove had her working to get naked pictures of Siegelman in bed with a woman-not-his-wife. Maybe that's a job for some hard-nosed, sneaky set of FBI sleuths (ahem, Mr. Spitzer). But it is NOT a job for a heavy-set Rainesville, AL attorney with big hair and a penchant for eyeball-searing flowery dresses. This is a woman who couldn't sneak up on a taxidermied catfish, much less tiptoe into a motel room to snap pictures of the governor and a mistress making the beast with two backs. It's absurd.

Now: Rove may have had it in for Siegelman, but he didn't need to go to such desperate lengths as risking his political hide by hiring a middling Rainesville lawyer for a job Jake Gittes couldn't pull off. And by the way, if he had put her up to that level of skullduggery, I'm sure she would have mentioned it when she first went to the press with her story OR perhaps when she testified on Capitol Hill -- not months later, when she finally "remembered" it for 60 Minutes.

On the sentencing issue, the former Gov. has a legitimate gripe; there's no reason he should've been packed up the river the day he was convicted. But judges can do dumb things, or even unethical things, without Karl Rove being there to work the strings.

Progressives do themselves no favors in painting Don Siegelman and his sleeze-bag money man Richard Scrushy as innocent victims, particularly on the testimony of a fantasist. His lawyers are quite cleverly playing on the political distrust of Rove to get their client's case reviewed -- good for them -- but progressives should be more skeptical and less eager to submit to getting used by such opportunists. There may be plenty of arenas to skewer Rove (the US attorneys scandal seems as good as any). But the Siegelman case isn't one. As they say down south, this particular dawg. don't. hunt.

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Very reasonable, asdf2. Rovian, in fact. Nice work.

Like I wrote upthread, "Rove & Co are no doubt feverishly working on a massive spin effort to explain away the truth coming out during that testimony."

Good job, asdf2.
Must have had that already in the can- sure didn't take long.

We've got a couple folksy sayings here in Savannah that could describe this situation, too, but I won't use them on a public blog thread.

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I believe that asdf2 has broken the record for the longest ad hominem attack I've seen in memory. Nothing to offer except legalisms and the kind of technicalities he likely bristles at others for getting off with. Got anything to say about the case itself?

EH

If you had watched Richard Scrushy for the last 20 years, you'd have a hard time avoiding an ad hominem attack on the guy. Nevertheless, to your question -- here's a decent and straightforward timeline to help you sort through the case.

http://www.uow.edu.au/arts/sts/bmartin/dissent/documents/health/healthsouth_bribery.html

Hope it helps.

Scrushy hating in Alabama is a very popular past time. I'm sure if I still lived there, I would hardly be a fan. Just saying that he kind of is a lightening rod down there. He draws lots of fire. People loathe the man.

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asdf2 -
I'm sure Seigelman is an Alabama poltician, but a lot of what you have said is either incorrect or misleading as stated.

For some better background, start with any of these Horton posts:
http://harpers.org/search?q=Siegelman

Scrushy is sleazy. As a matter of fact, that is, as noted in the issues raised about the case - pretty central to the decision to try to find a way to try Seigelman in a case WITH Scrushy since the non-Scrushy efforts failed.

The $500,000 was not given to Seigelman's campaign, it went toThe basic charge is that businessman Richard Scrushy gave $500,000 to the Alabama Education Foundation, an entity Siegelman created to try to get a state education directed lottery in place. So the issue is not over a "bribe" to Seigelman directly, or a "bribe" to Seigelman's campaign, but rather a contribution to something that Seigeleman thought would help the state and from which there is no good way to show he got any direct benefit of any kind. That pretty much opens up the season for making it a crime for companies to, for example, donate to a park or a education fund, etc. etc. if a politician asks them.

You mention the changing stories of the REpublican operative and at first I thought you meant Nick Bailey - but since it is about Simpson and the Rove issue, Horton and others have pretty much completly debunked the talking point (for example, from Horton, "Simpson made the claims during the summer to four reporters I have identified so far, requesting that they not be used, apparently because CBS was promised an exclusive on the story. She also discussed them with a Congressional investigator. All facts suppressed by the writer"), whether ever word of her story was published contemporaneously with the telling of it or not.

With respect to Bailey, the input seems to have been that when he was caught, he was told he would get a light sentence if he could help them pin anything on Seigelman (not that there was any investigation of the Scrushy contribution to the Alabama Education Foundation and they interrogated him about that contribution)

So they decided to go after someone first, then tried to use threats and carrots regarding a criminal prosecution to get the defendant in that unrelated prosecution to come up with something for them on someone they did want to prosecute.

And for Bailey, it is clear that his testimony DID CHANGE, over and over, to where he was being directed to write it over and over so he could memorize and deliver "one" version. And the version he sold - that the check was handed off at the meeting - seems to be pretty conclusively false. The check was written later and sequentially.

It also seems that Gary White was pressured to provide false testimony. Moreover, the "appointment" (to the Alabama Certificate of Need Board) was one that Scrushy had received on numerous occassions, from THREE OTHER Govenors. If I understand correctly, the board makes determinations about hospital expansions and HealthcareSouth had no business before it when Scrushy was appointed. I'm also pretty sure there as no allegation that Scrushy received some business benefit, as you stated, from the appointment.

As I say in Kentucky - which may not be southern enough for you - just because a dog won't hunt, doesn't mean it won't bite.

Hallelujia!

Interesting "co-incidence", if true, that Rove reportedly was seeking infidelity dirt on Seigleman, since that same trick was used on Spitzer.
And the guy who dropped the dime on Spitzer is/was a long time Republican dirty tricks player..Roger J. Stone.
Very co-incidental.

Mary2002...

I'm afraid it's you who isn't up on the facts.

1) You say the money went to an education fund. No. The money went to pay debts incurred by the Siegelman/Democratic Party of Alabama-run lottery campaign. They lost the lottery vote, but finished the campaign with debts, some of which Siegelman was personally responsible for.

2) You say: HealthSouth had no business before the Hospital Board. You're simply mistaken. First of all, any hospital or nursing home in Alabama that wants to expand needs the approval of the state hospital board; Healthsouth had hospitals. If in the next four years they hoped to expand any of them, as they surely did, they had interest in front of the board. Scrushy didn't want to be on the board simply because he had some extra time to kill. But more to point, and here I quote from Michael Wynne's non-partisan take on Scrushy and HealthSouth's various legal problems (available here: http://www.uow.edu.au/arts/sts/bmartin/dissent/documents/health/healthsouth_bribery.html)

"[After the payments] Siegelman later played an instrumental role in pushing through legislation that exempted HealthSouth from the CON process during construction of its $300 million digital hospital [in Birmingham]."

How's that for interest?

Wynne goes on to write:

"In the weeks following the disclosure of the [Scrushy] payment, and under pressure from the state attorney general's office, the Siegelman administration amended a series of campaign disclosure statements and IRS returns to reflect at least $920,000 in previously undisclosed donations.

Those included a $250,000 donation from HealthSouth; $250,000 from Maryland-based Integrated Health Services, a nursing home company that went into bankruptcy shortly after the donation was disclosed; $100,000 from Alfa; $100,000 from the Alabama Education Association, the state teachers union; $25,000 from Kimberly-Clark; and $25,000 from IPSCO steel company.

Several of those donations were made well after voters defeated the lottery proposal in October 1999 and after the original foundation had reported to the secretary of state that its political activities were done."

In other words, the donations went to cover Siegelman's hide, and who knows what else. The words "slush fund" come to mind.

Believe me, folks, I'm no apologist for Karl Rove. I've just been following the Scrushy and Siegelman matters in the Birmingham News and in other local papers for years, and I have to say, it's not surprising to me that Siegelman's lawyers had to go north to find journalists who a) disliked Rove enough to buy Siegelman's tall tale and b) who reflexively assume the worst about Alabamians (who, for the record, voted for Obama and Clinton in roughly equal numbers to Huckabee and McCain in the primary.)

I suggest newbies to the Siegelman story check out the page I linked to above and read some of the timeline and quotations from the testimony. And as I said in my earlier post, I personally think Rove's fingerprints are all over the US attorney scandal, and that the Dems should pursue contempt charges against him, Meyers and everyone else until they get to the bottom of it. But no one who has been following Scrushy and Siegelman for years is going to buy the idea that Rove had a Rainesville lawyer running around trying take photos of Siegelman in the buff, or that the $500,000 in checks to a defunct political campaign was all above board stuff. It's ludicrous.

Now that I've upset everyone -- just a couple of final thoughts and I'll shut up.

Consider that these are the UNDISPUTED facts of the case.

1. A state governor accepted over $500,000 -- in two separate donations -- for a campaign fund for which he was personally liable, well after the campaign for which that fund was set up had ended.

2. The person who made and arranged those payments received a seat on a public board that oversaw the very industry that person worked in.

3. A portion of the payments came via an investment bank that a) worked with the person in item #2 but that b) had no interest whatsoever in the political issue for which the campaign fund had been set up. (The investment bank was UBS; the issue, the state lottery.)

4. The governor HID the payments (and others, totally over $700,000) to his defunct campaign fund, until a reporter got wind of them, at which point he belatedly admitted receiving the funds.


Now if these facts applied to a Republican governor somewhere, what would you think? What would you think if these facts came out about the Democratic candidate you oppose? Consider for a moment the sum involved: $500,000. That's what -- 200 times above the federal contribution limit for individuals? And to make matters worse, the money came from Richard Scrushy, a man who was fired from the company he founded after the discovery of a $2.7 billion fraud which numerous underlings testified Scrushy himself had masterminded. This isn't a guy who writes $250,000 checks for nothing! (Who does?)

And NOT EVEN SIEGELMAN denies that Scrushy made the payments. He simply says it wasn't a bribe because it didn't go into his pocket. No, but it went to cover a campaign debt for which he was personally liable.

So, again, I dont think Rove had much to do with this one, and I certainly dont think the guy is dumb enough to hire a Rainesville, Alabama country lawyer to go off and take pictures of the governor in bed with another woman, given the risks. Now I could be wrong, but if so, the parallels to the Spitzer case -- if Republicans were involved in that one -- are quite similar, at least in that what went down between Siegelman and Scrushy was as indefensible from a legal standpoint as what went down between Spitzer and the call girl.

What was it Nixon said about "handing them a sword"?

You might as well save it for later when the Siegelman HJC hearing is on. Don't really think you're making too many converts right here right now.

In the meantime, to add to your understanding of the case, how about reading a bit in the Scott Horton links Mary2002 posted.

Ive read it all, but thanks.

I would just say that folks here shouldn't be too disappointed if Siegelman's conviction isn't overturned. Sadly, we Alabamians wont be surprised to learn another one of our elected officials is a crook. Siegelman is the 2nd of our last 5 govs to get locked up.

Hope all's well in Savannah. Ive spent a lot of time on the waterfront; hello to the waving girl....

in reading through the horton posts I had to laugh at one in particular; his attack on the Bham News reporting. A couple of months before that post, the Bham News won the Pulitzer for investigative reporting, for their series blowing the lid off corruption among alabama legislators