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Recused US Attorney Kept Advising Siegelman Prosecutors, New Docs Show
New documents relating to the prosecution of former Alabama governor Don Siegelman suggest misconduct by the US attorney in the case, and appear to contradict previous statements from the Department of Justice about the matter.
The new revelations, reported by Time, are contained in a letter sent last week by House Judiciary chair John Conyers to Attorney General Michael Mukasey, based on information provided to the committee by a legal aide in the US Attorney's office in Alabama. That information includes emails written by the US Attorney, Leura Canary, showing that she continued to advise prosecutors on the case even after having recused herself because her husband was a top Alabama GOP operative who had worked closely with Karl Rove.
Here's the key excerpt from Time:
In one of Canary's e-mails, dated September 19, 2005, she forwards senior prosecutors on the Siegelman case a three-page political commentary by Siegelman. Canary highlighted a single passage which, she told her subordinates, "Ya'll need to read, because he refers to a 'survey' which allegedly shows that 67% of Alabamans believe the investigation of him to be politically motivated." Canary then suggests: "Perhaps [this is] grounds not to let [Siegelman] discuss court activities in the media!"Prosecutors in the case seem to have followed Canary's advice. A few months later they petitioned the court to prevent Siegelman from arguing that politics had any bearing on the case against him. After trial, they persuaded the judge to use Siegelman's public statements about political bias -- like the one Canary had flagged in her e-mail -- as grounds for increasing his prison sentence. The judge's action is now one target of next month's appeal.
When Conyers' committee investigated the Siegelman matter earlier this year, DOJ had said that Canary's 2002 recusal had come "before any significant decisions ... were made."
DOJ has already conducted its own inquiry into some of the claims contained in the letter sent by Conyers, and produced a report dismissing them as inconsequential.
Siegelman's supporters and congressional Democrats have long raised suspicions that DOJ's prosecution of Siegelman, a red-state Democrat, was an example of the inappropriate politicization of the department.
Siegelman's appeal of his conviction is set to begin next month in a federal court in Atlanta.













Hey, stop expecting the right to Freedom of Speech. They only have that in America. This is Alabama, so get over it. Here in Alabama, we'll extend your jail sentence if you tell a reporter that you've been railroaded.
November 14, 2008 11:02 AM | Reply | Permalink
Hopefully Conyers will begin to threaten Mukasey that he will be investigated for his actions regarding all of these coverups and nonprosecutions of guilty repub scumbags.
November 14, 2008 11:13 AM | Reply | Permalink
This is one of "The" test cases the Obama DOJ will face. The way they handle this case and all the ancillary charges against those that have put Gov. S. thru all this pain will either garner the new DOJ respect or start a big fight with the netroots. The Netroots has been all over this story with the Gov. himself writing diaries at Dkos and other blogs. His support from those blogs is overwhelming. This is not a battle Obama should fight this early in his term.
November 14, 2008 11:29 AM | Reply | Permalink
"This is not a battle Obama should fight this early in his term."
What? This is exactly the type of case/fight Obama should go after. Hopefully he will.
November 14, 2008 11:37 AM | Reply | Permalink
What else is going to come out? What a sickening 8 years!
November 14, 2008 11:46 AM | Reply | Permalink
McCain Withheld Controversial Abramoff EmailFeb 25, 2008 ... John McCain often cites his work tackling the excesses of disgraced lobbyist Jack Abramoff as evidence of his sturdy ethical compass. ...
www.huffingtonpost.com/2008/02/25/mccain-withheld-controver_n_88304.html
McCain Withheld Controversial Abramoff EmailOn June 22, McCain issued his Senate report without mentioning Riley's name. And one week later, Siegelman was convicted without the Abramoff email ever ...
www.huffingtonpost.com/2008/02/25/mccain-withheld-controver_n_88304.html?show_comment_id=11653448
November 14, 2008 11:50 AM | Reply | Permalink
Much of the hijinks related to "railroading" of Siegelman,if you will,was, to my understanding to keepIndian casino gambling out of Alabama. It was thought if Riley were Governorof Alabama ,then Mississippi,which is right next door,could keep control of the Indian casinos .Curiously enough,Jack Abramoff[ who had been Missippi Governor Haley Barbours partner,years earlier on K Street,in DC, as lobbyists ]was representin these same Indian tribes fihting over turf as to the location of their casinos. PLEASE go to HuffPo and read the e-mail that ties all this together.The email is included,the very same email that McCain withheld when he sat on Abramoff BIA investigation. Its a doozie.
November 14, 2008 11:59 AM | Reply | Permalink
What's the surprise here? I suspect that all of the perps here (Rove, Canary, etc.) will have their names listed in the term end pardon dump that we all know is coming.
I only hope that the Bar Association is not as crooked as the Justice Department and these hacks lose their right to practice law in the US.
November 14, 2008 12:35 PM | Reply | Permalink
Even if we can't put these crooks in jail, we at least need to expose them. Otherwise, they'll come back in future administrations, just like the Iran-Contra conspirators got back in power.
November 14, 2008 12:39 PM | Reply | Permalink
Confirms what we've been reporting for the past year and a half.
http://blog.locustfork.net/
November 14, 2008 12:42 PM | Reply | Permalink
This is what will, unless it is squelched, finish off the Republican party. While they may not get an actual "RICO" designation, even the most cursory accounting for the Bush years will leave many of their heads and henchmen facing court, in one form or another. And a bunch of guys getting prosecuted, who are always looking for a chance to ingratiate them selves with the prosecuters by turning on someone else, are not the guys fat cats will want to be around. They'll be toxic.
They will, at the very least, lose their patina of legal invulnerability and freedom from responsibility. To be Republican, these days, and to be constrained by the law just doesn't mix. Renders 'em pretty much ineffective.
November 14, 2008 1:07 PM | Reply | Permalink
Can we get a bar complaint filed against Canary? She should get disciplined at least, if they can't nail her on criminal charges. I just hope that Obama selects the meanest son of a bitch on the planet to be attorney general and scare the partisans into the private sector. The DOJ is no place for politics.
November 14, 2008 2:32 PM | Reply | Permalink
I'm a little puzzled by the language here. Sigelman's appeal is "set to begin" before a court next month? Do you mean that appeal is going to be argued? Because first, then the briefs have been written here and second, these revelations can't form the basis for any claim before the appellate court. Only claims involving the actual record of the proceedings against Siegelman can form the basis for claims in a normal appeal. Under federal law, Siegelman would have to mount a collateral attack on his conviction using this evidence, and he'd probably have to get an evidentiary hearing so that he can try to show that Canary's interactions with the actual prosecution team prejudiced him. Depsite the obvious and troubling ethics breaches here, Siegelman probably wouldn't get his conviction overturned based upon this alone.
He might successfully show that the evidence was insufficient to prove his guilt, however, on his direct appeal.
November 14, 2008 3:05 PM | Reply | Permalink
TPM should use this image in place of the photo they are currently using for Ms. Canary. It might be a little but, uh, editorial in nature, but captures her essence much better, I think.
See here for the relevant post by the Alabama blogger who created that spiritually and ethically spot-on image.
November 15, 2008 3:03 PM | Reply | Permalink