What the hell is happening here? Does Eric Holder know what his own 
subordinates are doing?
If so, why does he let them keep it up?

This nightmare should have stopped some time ago, as it has now been 
going on seven months
since Barack Obama was elected, pledging "change," and going on four 
months since he was
inaugurated (pledging "change").

So what is going on? Is this just another instance of Obama trying 
too hard not to rile the Other
Side? Or is it that he quietly assured the Bush cabal that he would 
let them walk away--a
promise that he couldn't keep so easily if Siegelman were free to 
lead the charge against Karl Rove?

It would be nice to know; but it would be infinitely nicer if this 
president and his Attorney
General would finally do the right thing in this case, and, while 
they're at it, vacate all the
rest of Bush & Co.'s selective prosecutions--which number in the 
hundreds (http://www.politicalprosecutions.org/index.html).

(Note also that, as governor of Texas, Bush himself routinely did 
exactly what Don Siegelman
was charged with doing, and yet the latter was the only one who went 
to jail for doing it. Roger Shuler makes this point below.)

MCM

Prosecutors Seek Longer Sentence for Siegelman

http://www.wtok.com/news/headlines/44788997.html

Federal prosecutors have recommended that former Alabama governor, 
Don Siegelman, be sentenced to 20 years in prison when he receives a 
new sentencing hearing in federal court in Montgomery.

That's a much longer sentence than the more than seven-year prison 
term Siegelman originally received for his 2006 conviction in a 
federal government corruption case.

The recommendation comes after a panel of three appellate judges 
dismissed two of the seven charges the former governor was convicted 
of and ordered a new sentencing hearing.

Prosecutors made the recommendation in a letter to federal probation 
officers. The probation officers will prepare a report recommending a 
new sentence to U.S. District Judge Mark Fuller.


MONDAY, MAY 11, 2009
Bush Did the Same Thing That Landed Don Siegelman in Prison

http://legalschnauzer.blogspot.com/2009/05/bush-did-same-thing-that-landed-don.html

Recent Texas governors, including George W. Bush, took major 
donations from people and then appointed them to state boards and 
commissions.

That comes from an article in the Houston Chronicle, spotlighting a 
common political practice that landed former Alabama Governor Don 
Siegelman in federal prison--under the Bush Department of Justice.

Neither Bush, nor other Texas governors, was investigated or 
prosecuted for their appointments.

The Houston Chronicle reports that Texas Governor Rick Perry (a 
Republican) has received almost $5 million in donations from people 
he appointed to state boards and commissions. And the newspaper 
reports that other Texas governors, including one who goes by 
"Dubya," have followed the same practice.

Siegelman, you will recall, accepted a $500,000 donation for an 
education-lottery campaign from Birmingham businessman Richard 
Scrushy and then appointed Scrushy to a health-care oversight 
board--one he had served on under three previous governors.

That transaction led to their prosecution and conviction on federal 
corruption charges. Scrushy is serving a federal-prison sentence as 
we write this, and Siegelman might be headed back to prison after the 
U.S. 11th Circuit Court of Appeals upheld most of his conviction.

So why isn't Rick Perry on his way to the federal pen? There are 
several reasons: (1) He's a Republican, and only Democrats have been 
targeted for such "crimes" in the era of Bush. (Why do you think they 
call them political prosecution?); (2) Such transactions, while they 
might appear unseemly, have never been considered crimes under 
federal law. They only became crimes when Karl Rove, "Bush's Brain," 
initiated a jihad against Democrats over the past eight years.

Want to talk about hypocrisy? Get this line from the Chronicle story:

Appointees represent a significant lever or power to any Texas 
governor, an office with comparably limited powers. Perry's 
predecessors, Ann Richards and George W. Bush, also accepted 
donations from appointees.

In other words, Karl Rove's boss practiced exactly the same behavior 
that has turned Don Siegelman into a federal "criminal."

What a country.

As for Siegelman, he isn't just sitting around saying, "WTF." He is 
making every effort to help Americans understand the hypocritical and 
bogus nature of his (and other) political prosecutions.

Reports Sam Stein of Huffington Post:

A lobbying effort to persuade the Justice Department to intervene in 
the politically tainted case against Don Siegelman has intensified in 
recent days, as a deadline for appealing the charges against the 
former Alabama Governor nears.

After being released on appeal bond last spring, Siegelman was 
convicted in March by a Court of Appeals on charges of bribery, 
conspiracy and obstruction for appointing a prominent donor to a 
state post. Now he is pushing for a rehearing of his case--which 
critics say was orchestrated by state and national Republican 
officials--with the hope of replacing the three-judge panel with a 
larger eight-judge panel that comprises the entire 11th Circuit. He 
should hear a decision on his appeal any day.

"If we get a rehearing then we have a few months to pursue options 
with the Department of Justice," Siegelman told the Huffington Post 
in an interview. "If we don't, then I'm going to be re-sentenced to 
prison by the same judge and prosecutors which I say, parenthetically 
with an exclamation point, is probably the most bizarre twist yet. 
I'd be still fighting the same right-wing [Karl] Rove-anointed and 
Bush-appointed prosecutors even with [Barack] Obama and [Eric] Holder 
in charge."

Federal intervention appears to be unlikely, Stein reports:

The DOJ says there is virtually nothing it can do when it comes to 
Siegelman's appeal. "Because Mr. Siegelman has requested the full 
11th Circuit Appeals Court to review the recent ruling by the 
three-judge panel, the Department will continue to litigate this 
matter in the courts, not in the media," said DOJ spokesperson Laura 
Sweeney. "The decision whether to hold an en banc hearing is the 
court's, not DOJ's."

Siegelman recently received support from Professor Bennett L. 
Gershman, author of the book, Prosecutorial Misconduct:

"I have never encountered another prosecution in which it appears so 
clearly that the prosecutors were zealously bent on pursuing an 
individual, rather than on a crime," reads the note, obtained by the 
Huffington Post. "As an example of bad faith prosecution, the 
Siegelman case may be without parallel.... There is no better example 
of the corrosive effect on the reputation of the Department of 
Justice... than the prosecution of Don Siegelman."
Meanwhile, TPM Muckraker recently reported that Rove is expected to 
testify before Congress in early June.

Here's a question someone might want to ask Rove right up front: As 
governor of Texas, George W. Bush routinely appointed his donors to 
boards and commissions. Why did that same behavior, when practiced by 
Alabama Democrat Don Siegelman, suddenly become criminal under Mr. 
Bush's Justice Department? Please explain.

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