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Hissyspit Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 05:08 PM
Original message
Kagan Filed Brief In Opposition To Supreme Court Hearing Of Siegelman Case
Edited on Mon May-10-10 05:12 PM by Hissyspit
Another DUer asked me to post this as a separate post, as they were not aware of this, so here it is in the interest of awareness. Feel free to discuss amongst yourselves.

http://www.huffingtonpost.com/andrew-kreig/siegelman-judge-asked-to_b_534628.html

Andrew Kreig
DC legal reform advocate and attorney
Posted: April 12, 2010 04:24 PM

Siegelman Judge Asked To Recuse As Kagan, Rove Oppose Reviews

But Kagan, now widely reported as a leading candidate to ascend from her post as Justice Department solicitor general to become her friend Obama's nominee for a Supreme Court vacancy, urged the high court in November to deny Siegelman a hearing. Kagan used technical legal arguments devised with the assistance of DOJ's trial prosecutors.

Since the 2006 convictions DoJ has withstood complaints that include: political prosecution orchestrated by Rove , judge-shopping , jury tampering , lying about Canary's recusal , firing a DoJ whistleblower, and suppressing evidence that DoJ tried to blackmail its central witness.

Kagan's stance already has created strong skeptics in progressive circles in Alabama, and is certain to irritate Siegelman supporters around the country if she is nominated to the Supreme Court. DOJ has requested that Fuller re-sentence Siegelman, now 64, to an additional 20 years in prison.

Brief in Full Here: http://www.scribd.com/doc/23440615/Siegelman-Case-Elena-Kagan-Reply-Brief

The Siegelman/Scrushy appeal is based on the "honest services fraud" law that they SUPPOSEDLY violated. Kagan's brief supports the Obama Administration/DOJ stand.


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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 05:09 PM
Response to Original message
1. You mean Holder's DOJ requested 20 more years for Siegelman?
Edited on Mon May-10-10 05:09 PM by madfloridian
That is sickening.
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Hissyspit Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 05:11 PM
Response to Reply #1
4. Yeah, that's old news.
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rudy23 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 05:17 PM
Response to Reply #1
9. They MUST have a deal not to touch Rove. Any one of us could prosecute him in our pajamas
from wherever we're typing. Prosecuting him would mean a huge "win" for the "Democratic Party" if the myth were real and there really were two sides battling each other for the right to represent us to the best of their abilities.
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Junkdrawer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 05:10 PM
Response to Original message
2. Obama had to prove he was nonpartisan...
Edited on Mon May-10-10 05:10 PM by Junkdrawer
:sarcasm:
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LakeSamish706 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 05:11 PM
Response to Original message
3. That is very scarry indeed. n/t
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jody Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 05:14 PM
Response to Original message
5. Most Alabamians from both parties believe Siegelman was a political victim. I agree. n/t
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no_hypocrisy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 05:14 PM
Response to Original message
6. I can't support Kagan for the sake of Don Siegelman alone.
I'm certain she won't recuse herself if she's on the Court when his application is considered nor will she contradict the principles in her brief recommending against Don getting a new trial.
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pnwmom Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 05:17 PM
Response to Reply #6
8. Wrong. She is required to and will recuse herself on all cases that she previously
argued as Solicitor General.
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OnyxCollie Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 11:09 AM
Response to Reply #8
46. Well, Fat Nino and his son
got picked up on Air Force 2 and went on a hunting trip with Cheney before Cheney's case came to the Court. Scalia didn't feel a need to recuse himself.

Everything is flexible now.
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mod mom Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 05:59 PM
Response to Reply #6
15. Every day I get more disheartened w Obama's choices.
Anyone who is familiar w the Siegelman case and is aware of the Judge Fuller/Doss Aviation connection has to be feeling betrayed. :mad:
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zeemike Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 05:17 PM
Response to Original message
7. She probably knows who butters her bread.
that makes her a member of the 5 to 4 club....and could make a lot of cases 6 to 3
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 05:23 PM
Response to Original message
10. Thanks
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HillbillyBob Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 05:26 PM
Response to Original message
11. This alone is reason to ditch her
I know enough of the people involved and how they operate that I am 99% certain that Seigalman was framed to use the vernacular.
He actually won that election only to have Rilys' henchment flip the voting totals overnight and this was to keep him from going after them on election fraud a good old nazibama tradition.
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polichick Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 05:33 PM
Response to Original message
12. Not good. nt
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chill_wind Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 05:47 PM
Response to Original message
13. Did not know that. Thank you Hissyspit, K & R. n/t
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katandmoon Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 05:49 PM
Response to Original message
14. Thanks for posting this. So she's in bed with Rove. No wonder Obama picked her.
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 02:06 AM
Response to Reply #14
41. OMG. My eyes.
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mod mom Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 06:10 PM
Response to Original message
16. Some background if there's any one out there not familiar with this case:
The Pork Barrel World of Judge Mark Fuller

Harper's

BY Scott Horton
PUBLISHED August 6, 2007

For the last week, we’ve been examining the role played by Judge Mark Everett Fuller in the trial, conviction, and sentencing of former Alabama Governor Don E. Siegelman. Today, we examine a post-trial motion, filed in April 2007, asking Fuller to recuse himself based on his extensive private business interests, which turn very heavily on contracts with the United States Government, including the Department of Justice.

The recusal motion rested upon details about Fuller’s personal business interests. On February 22, 2007, defense attorneys obtained information that Judge Fuller held a controlling 43.75% interest in government contractor Doss Aviation, Inc. After investigating these claims for over a month, the attorneys filed a motion for Fuller’s recusal on April 18, 2007. The motion stated that Fuller’s total stake in Doss Aviation was worth between $1-5 million, and that Fuller’s income from his stock for 2004 was between $100,001 and $1 million dollars.

In other words, Judge Fuller likely made more from his business income, derived from U.S. Government contracts, than as a judge. Fuller is shown on one filing as President of the principal business, Doss Aviation, and his address is shown as One Church Street, Montgomery, Alabama, the address of the Frank M. Johnson Federal Courthouse, in which his chambers are located.

Doss Aviation, Inc. (motto: “Total Quality Service Isn’t Expensive, It’s Priceless”) and its subsidiary, Aureus International, hold contracts with a number of government agencies. Quoting from defense counsel’s motion for recusal (emphasis in the original):

Doss Aviation, Inc. has been awarded numerous federal military contracts from the United States government worth over $258,000,000, including but not limited to: An August 2002 contract with the Air Force for $30,474,875 for Helicopter Maintenance, a November 2003 contract with the Navy for $5,190,960 for aircraft refueling, a February 2006 contract with the Air Force for over $178,000,000 for training pilots and navigators, and a March 2006 contract with the Air Force for $4,990,541.28 for training at the United States Air Force Academy. The February 2006 contract with the Air Force for over $178,000,000 is for 10 ½ years, but is renewable from year to year . . .

An Enterprise Ledger article dated April 3, 2005, states that “FBI agents, military and civilian pilots and medical professionals all over the world wear (Aureus International) products which are cut, sewn, inspected, bagged and shipped from its home in Enterprise.”

Doss Aviation and its subsidiaries also held contracts with the FBI. This is problematic when one considers that FBI agents were present at Siegelman’s trial, and that Fuller took the extraordinary step of inviting them to sit at counsel’s table throughout trial. Moreover, while the case was pending, Doss Aviation received a $178 million contract from the federal government.

CONTINUED...

http://www.harpers.org/archive/2007/08/hbc-90000762



Oct 19, 2007

Siegelman served as Alabama's Secretary of State from 1979 to 1987 and asAttorney General from 1987 to 1991. In his roles of registering corporations in Alabama and overseeing criminal investigations by the state, Siegelman had obtained evidence linking Fuller, Bush, and other top Alabama and Florida Republicans to drug trafficking and the beginning of election manipulation in Alabama favoring the GOP. Caylor claims that Mark E. Fuller, listed as Doss official in Montgomery, is the same person as Mark J. Fuller of Enterprise. Judge Mark Fuller's Enterprise residence was 10 Indigo Place.

Bert Barr, listed as Doss' registered agent, was Fuller's law firm partner in Enterprise. Fuller also inherited Cargo International, another drug running firm, from Wentworth.
Siegelman ran for Governor to go after the GOP mobsters who had bought their way into practically every state office, including the commissions that oversee and regulate dog and horse tracks, real estate, trucking, and business practices.

What we have discovered is that Judge Fuller inherited an extensive aircraft and money laundering network from one Clifford Wentworth who was busted for drug trafficking in the Drug Enforcement Administration's Operation Sunburn in 1981. In a deal worked out between then-Vice President George H. W. Bush, who was in charge of Ronald Reagan's "War on Drugs," Wentworth was sentenced by U.S. Judge for the Northern District of Florida Maurice Paul to 20 years in prison and a $25,000 fine with all but six months suspended. Wentworth, who served his short prison term at Eglin Air Force Base in North Florida, agreed to turn his entire air drug smuggling and money laundering operation over to Barry Seal, a contract CIA pilot, and the business network operated out of Enterprise, Alabama by current U.S. Judge Fuller. Wentworth was then ordered into the federal witness protection program and he continues to provide lucrative real estate and other services for top GOP officials in Florida and elsewhere. Seal was gunned down gangland-style at a halfway house in Baton Rouge after his conviction and agreement to turn state's evidence against the Medellin cartel and his U.S. government handlers, one of whom reportedly included Vice President Bush.

Using airfields in Dothan and Fort Rucker, Alabama, Fuller's network ensured a steady stream of drugs from Colombia and the Dominican Republic to enter the United States. Then-Alabama Attorney General Siegelman became aware of these network after being elected in 1987 and he started to crackdown.

Fuller's inherited criminal network included one money laundering operation disguised as a mobile phone firm, STN, which physically operated out of Dothan. Cassady Fuller & Marsh was Fuller's law firm in Enterprise. Most of Fuller's enterprises maintained their "DBA" (do business as) addresses in Enterprise. Another Fuller company, German Imports, was also a money laundering operation.

http://www.topix.com/forum/city/fort-payne-al/T2RH9JNLR0T90Q0NF

DOSS AVIATION, INC. 3320 W. Carefree Circle
Colorado Springs, CO
Phone 719-570-9804
Fax 719-570-1740
Press Release

Contact: Suzanne Schmidt FOR IMMEDIATE RELEASE
Phone: 719-570-9804 4 P.M. GMT, April, 2006


Doss Aviation, Inc, of Colorado Springs, CO was awarded a US Air Force flight training contract potentially worth $178.2 million over 10 years. The program calls for the flight screening of US Air Force pilot candidates prior to their attendance at formal Air Force flight training courses. Doss will provide a turn-key operation that will provide flight training, aircraft maintenance, lodging, food service, 24/7 security, and fitness facilities at its 209,000 square foot facility at Pueblo Memorial Airport in Pueblo, CO. Doss will build up the training program to full capacity during the first 1 ½ years of operation. At its full operation, the Doss facility will train up to 1,700 officers per year in 45 company-owned aircraft. The operation will employ over 170 people.

According to Colonel Bernard Schwartz, the senior Air Force officer of the Doss contract, “This marks the first time that a base and flight training school have been contracted through a private company.” Previously, the Air Force contracted flight training programs to 600 aviation support companies throughout the country.

Company President and CEO, Mr. Frank Hunter, said, “This is a real coup for Doss Aviation. The competition was tough, but our hard work to build a model training facility paid off.” Mr. Marvin Stein, Chairman of the Pueblo Economic Development Corporation added, “This has been the product of two years of hard work. The impact that this Air Force program will have on our airport and the community will be phenomenal.”

http://www.dossaviation.com/page.asp?id=60&name=April%202006



The Pork Barrel World of Judge Mark Fuller

Harper's

BY Scott Horton
PUBLISHED August 6, 2007

For the last week, we’ve been examining the role played by Judge Mark Everett Fuller in the trial, conviction, and sentencing of former Alabama Governor Don E. Siegelman. Today, we examine a post-trial motion, filed in April 2007, asking Fuller to recuse himself based on his extensive private business interests, which turn very heavily on contracts with the United States Government, including the Department of Justice.

The recusal motion rested upon details about Fuller’s personal business interests. On February 22, 2007, defense attorneys obtained information that Judge Fuller held a controlling 43.75% interest in government contractor Doss Aviation, Inc. After investigating these claims for over a month, the attorneys filed a motion for Fuller’s recusal on April 18, 2007. The motion stated that Fuller’s total stake in Doss Aviation was worth between $1-5 million, and that Fuller’s income from his stock for 2004 was between $100,001 and $1 million dollars.

In other words, Judge Fuller likely made more from his business income, derived from U.S. Government contracts, than as a judge. Fuller is shown on one filing as President of the principal business, Doss Aviation, and his address is shown as One Church Street, Montgomery, Alabama, the address of the Frank M. Johnson Federal Courthouse, in which his chambers are located.

Doss Aviation, Inc. (motto: “Total Quality Service Isn’t Expensive, It’s Priceless”) and its subsidiary, Aureus International, hold contracts with a number of government agencies. Quoting from defense counsel’s motion for recusal (emphasis in the original):

Doss Aviation, Inc. has been awarded numerous federal military contracts from the United States government worth over $258,000,000, including but not limited to: An August 2002 contract with the Air Force for $30,474,875 for Helicopter Maintenance, a November 2003 contract with the Navy for $5,190,960 for aircraft refueling, a February 2006 contract with the Air Force for over $178,000,000 for training pilots and navigators, and a March 2006 contract with the Air Force for $4,990,541.28 for training at the United States Air Force Academy. The February 2006 contract with the Air Force for over $178,000,000 is for 10 ½ years, but is renewable from year to year . . .

An Enterprise Ledger article dated April 3, 2005, states that “FBI agents, military and civilian pilots and medical professionals all over the world wear (Aureus International) products which are cut, sewn, inspected, bagged and shipped from its home in Enterprise.”

Doss Aviation and its subsidiaries also held contracts with the FBI. This is problematic when one considers that FBI agents were present at Siegelman’s trial, and that Fuller took the extraordinary step of inviting them to sit at counsel’s table throughout trial. Moreover, while the case was pending, Doss Aviation received a $178 million contract from the federal government.

CONTINUED...

http://www.harpers.org/archive/2007/08/hbc-90000762
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amborin Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 06:11 PM
Response to Original message
17. K&R
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patrice Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 07:24 PM
Response to Original message
18. Well, that pretty much does it for me.
Edited on Mon May-10-10 07:29 PM by patrice
I really am sorry to say . . .

Such a disappointment.

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gulfcoastliberal Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 11:12 PM
Response to Original message
19. Yet more evidence of Obama's true values. They are far from a those of true democrats.
Almost makes me miss Bush, at least we knew what side her served.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 11:18 PM
Response to Original message
20. There's an argument to be made that she was only doing her job
in filing this brief.

And there's an argument to be made against someone who would do this job in this way.

That's it for me.
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lumberjack_jeff Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 11:31 PM
Response to Reply #20
21. There's an argument to be made that the distinction between "argument" and "excuse" is subtle. n/t
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uponit7771 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-11-10 04:03 AM
Response to Reply #20
24. At some point "I'm just following orders" isn't an excuse to do what is clearly immoral
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mod mom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-11-10 07:24 AM
Response to Reply #20
27. Obama bumper sticker came off with this one.
There's no negotiating on rule of law issues. When 75 BIPARTISAN former Attorneys Generals have cried foul-it's time to re-evaluate. Sending an innocent man to prison for political gain is reprehensible!
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tsuki Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 12:04 AM
Response to Reply #27
39. And recommend 20 more years. nt
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Hissyspit Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-11-10 04:00 AM
Response to Original message
22. .
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uponit7771 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-11-10 04:02 AM
Response to Original message
23. Hmmmm, at some point the "I'm work on behalf of my employer" shit isn't reason enough to do
...what is clearly immoral
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TexasObserver Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-11-10 04:42 AM
Response to Original message
25. The entire handling of Siegelman by the administration has been appalling.
Words cannot express the loss of respect I've had for the president for his administration's pathetic record on this particular matter. The president, Holder and Kagan have all disappointed mightily. We elected him, but we didn't elect either of them. As far as I'm concerned, I'd like to see both of them out of federal appointment entirely.
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mod mom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-11-10 07:21 AM
Response to Original message
26. REMINDER: 75 former State Attorneys General of both parties have cried foul:
Review of Governor’s Conviction Sought

By JOHN SCHWARTZ and CHARLIE SAVAGE
Published: April 21, 2009
Less than a month after the Justice Department asked a judge to drop the case against former Senator Ted Stevens of Alaska because of prosecutorial misconduct, 75 former state attorneys general from both parties have urged Attorney General Eric H. Holder Jr. to conduct a similar investigation of the prosecution of former Gov. Don Siegelman of Alabama, who was convicted nearly three years ago on bribery and corruption charges.


In a letter to Mr. Holder, the attorneys general said Mr. Siegelman’s defense lawyers had raised “gravely troublesome facts” about his prosecution that raise questions about the fairness and due process of the trial.

“We believe that if prosecutorial misconduct is found, as in the case of Senator Ted Stevens, then dismissal should follow in this case as well,” the group said in the letter, which was organized by Robert Abrams, a former attorney general of New York.

Lawyers for Mr. Siegelman, a Democrat, have long accused the Justice Department under President George W. Bush of conducting a politically motivated prosecution that they say was filled with irregularities, including a failure to turn over pertinent information to the defense team.

-snip
http://www.nytimes.com/2009/04/22/us/22justice.html

SHAMEFUL!
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mistertrickster Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-11-10 01:40 PM
Response to Original message
28. She was just doing what her boss told her to do. If Obama wanted Sieglman freed, he could do it. nt
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MisterP Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-11-10 02:07 PM
Response to Original message
29. how dare you try to confuse the issue with actual facts
rather than pro wrestling political theater: the GOP dislikes her and the Leader has spoken! just like we should support Romania's Iron Guard because Antonescu attacked them!

:sarcasm: (yes, it's needed)
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Stinky The Clown Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-11-10 02:35 PM
Response to Original message
30. Why post this when there's a real effort to make her look like we ought to be happy she's there.
She's really a super, uber liberal. This smear stuff is getting tiring.

This post is entirely sarcasm.

K&R
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branders seine Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-11-10 02:38 PM
Response to Original message
31. anti-choice, anti-justice, pro-authoritarian
doesn't sound too promising to this liberal.
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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-11-10 02:40 PM
Response to Original message
32. "to become her friend Obama's nominee for a Supreme Court vacancy"
She filed a brief on behalf of the Obama administration and that is supposed to disqualify her as Obama's choice?

Am I missing something?

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ooglymoogly Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-11-10 03:25 PM
Response to Original message
33. These are fighting words. Don Seigelman was railroaded and that is a fact.
ditch the bitch before greater damage ensues.
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sellitman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-11-10 04:22 PM
Response to Original message
34. I vote no on her
What the fuck?
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tbyg52 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-11-10 04:34 PM
Response to Original message
35. Hey, the servants of our corporate masters are just doing their job! nt
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ultracase24 Donating Member (72 posts) Send PM | Profile | Ignore Tue May-11-10 04:53 PM
Response to Original message
36. Thats all I needed to know
I was on the fence. I should have known she would turn out to be a cover-up partisan hack. Looking the other way and "moving forward" is par for the course for Obama's administration. Any sane individual would be disgusted with this choice for the Supreme Court. This is perfectly in line with what Scalia or Alito would do. Cover for their bosses.
Utter garbage pick by President Obama. Disgraceful.
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Liberation Angel Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-11-10 10:48 PM
Response to Original message
37. I just read the brief and have a few comments in support of Kagan
It is a VERY convincing brief (even though she probably only signed it and did not draft it.

I frankly know almost nothing about this case but the evidence against Siegelman seems pretty strong just looking at the one side of it (that is not to say that the judge was not corrupt or that the prosecution and investigation were not politically motivated - but if Seigelman took cash for political appointmentsa and for personal use and tried to cover it up I can see why Obama's DOJ would want that conviction to stand.

On the liberal side: I think the evidence and the law is pretty sketchy : but if the facts as stated in the brief are true - I can see a jury convicting Seigelman.

I do not think this one brief opposing the writ of certiori is suufficient grounds on its own to throw the baby out with the bathwater: I think Kagan should be given a little more credit than to assume she is just a drone supporting Rove and a Bush coverup. This brief is a solidly argued legal brief and on the facts (at least from the DOJ perspective) ot rally looks like Siegelman took bribes and tried to cover it up. BUT I have NOT yet read the other briefs or the counterarguments.

On the recusal issue alone I think they should get new trials however - but that is NOT what this brief even deals with.
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Hissyspit Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-11-10 11:48 PM
Response to Reply #37
38. You clearly know almost nothing about the case.
Edited on Tue May-11-10 11:56 PM by Hissyspit
There was no quid pro quo. Siegelman was railroaded.

Scott Horton: "The Siegelman case has been torn to shreds in the public and 104 state attorneys general, led by Graham Wood, the national co-chair of the McCain for President campaign, have formally complained about the Justice Department’s gross and abusive handling the case, the Justice Department admits no wrong. It's even issued a series of brazenly false public statements in an attempt to cover its tracks.

- snip -

As I note, two members of the prosecution team were appalled by the misconduct that drove the case against Siegelman. One of them filed internal complaints inside the Justice Department. The result? Her name is Tamara Grimes. She was persecuted, hounded, and finally dismissed from her position--in direct violation of the federal whistleblower protection statute."

See Post #26.
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Liberation Angel Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 01:06 AM
Response to Reply #38
40. I admit that is true, but to hang Kagan for all of that is unjustified based on this one brief
I think the beef lies with Holder and Obama.

Yet based on the brief that is linked here, the issues Kagan briefed deal only with procedural issues and the brief makes many compelling points, especially on the facts or evidence and testimony at the trial which point to guilt (and, again, I have NOT read the opposing briefs on these narrow issues - so I am OPEN to reconsideration of their solidity).

I SUPPORT a retrial and/or dismissal - BUT I do NOT believe that this one brief with Kagan's name on it as Solicitor General says ANYTHING about Kagan's progressive credentials. It is a narrowly defined legal argument which really has almost NOTHING to do with any of the many issues raised here about the unfairness of the judge's conflicts of interest or the inherent merits of the arguments related to prosecutorial misconduct: NOTHING in this brief even touches on the issues raised here by those who claim Kahan is some kind of sellout

I do not see how anyone can conclude based on this brief that Kagan is somehow a pawn of the BushNazis.

And, again, the evidence cited related to the bribe and coverup looks pretty substantial from this brief. If Seigelman TOOK the bribe and tried to cover up misconduct, it is no surprise to me that the DOJ wants the conviction to stand (despite the other facts which lead me to believe Rove et al set him up to get caught; if he was doing illicit stuff then he brought it on himself. The analogy i guess that comes to mind is Clinton's screwing around with Monica Lewinsky and lying about it (he set himself up for a big fall KNOWING that the Reich wing would be trying to nail him for ANYTHING. Progressives who think they can do illegal /illicit/immoral stuff just hurt the cause and set themselves up to get caught and get nailed.

BUT

as I said I am open to the counterarguments on his guilt etc and support the review (I do NOT like this law or this interpretation of it and think the court should review it: I am just NOT surprised that the DOJ WANTS to be able to prosecute politicians who are on the take and flaunt the law).

But I cannot say based on this brief alone that Seigelman was innocent or that Kagan is wrong or somehow corrupt to support the DOJ's position on these very narrow legal issues.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 02:29 AM
Response to Reply #40
43. This case is cr!p, their main witness has been completely discredited,
the judge is dirty, the prosecutor is dirty and the whole thing is part of the Abramoff / US Attorney /Bush DoJ scandals. There is no comparison to Clinton. He was guilty. Siegelman was not.

Horton wrote about it. Larisa wrote about it. It was all over the place and if you are interested, I'm sure there is some good archived material here at DU.
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Liberation Angel Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 10:49 AM
Response to Reply #43
44. I am interested and invite links
So far I have seen diatribes and attacks without much substance.

I beliecve the judge is dirty and the prosecutor looks dirty BUT so does Seigelman based solely on what i read in Kagan's brief.

That said, a dirty prosecution merits reversal and a new trial, but unless the witness actually recants, the idea that a witness is discredited has to be established in some way other than bare assertions.

My point is NOT that the prosecution was fair or that the conviction should not be thrown out - it is that Kagan's brief on the narrow issues is a solid reasonable one which does NOT demonstrate that she is a sellout to the BushNazis.

But, again, the policy issues go back to Holder and Obama (who should be held to account) NOT necessarily to Kagan whose work on this brief really demonstrates NO bias or unfitness or betrayal of progressive ideals.

Two additional thoughts:

1. Obama's agenda for the long term includes his political survival past 2012 AND his efforts to bolster the Dems and progressive ideals on many fronts. In this way he is a pragmatist as distasteful and appeasing as that may ne - it may be that as a realist he HAS to reach the majority or independents and cannot veer too far left if he wants to survive.

2. Like Obama, Kagan appears to be able to bring the rightists (on the court) back toward the left or center with her intellectual talent and charisma - this is a valuable asset to get things done on the Supreme Court that will promote more progressive interpretations of the law and Constitution.

So the attacks on her over this brief I think are simply way over the top and detrimental to all of us. I support Siegelman's cause, but I do not think this broef means she has betrayed us or even him: it is a brief on procedural matters which was at the behest of Obama and Holder and not any true reflection on her values or ideals or progressive credentials.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 11:31 AM
Response to Reply #44
48. It will put Don Siegelman, who is innocent, behind bars for years.
The Siegelman material is all over the place, including the DU archives because we followed this case very closely here. Yesterday I reposted the NYTs article that desribed the petition 44 former attorneys general signed, recommending a Congressional investigation because all the irregularities in the case might add up to a mistrial. I also reposted an article that detailed the coercion of the main witness. There's much more on the railroading itself, the election that was stolen from Siegelman, the relationships between the scum in Alabama and the scum in the DoJ in DC. You have a potential buffet of really ugly stuff to look through.

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Liberation Angel Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 03:02 PM
Response to Reply #48
49. Link? My time is tight and one or two links (especially on WHY his acts were not criminal)...
would really help me better understand.

If witnesses lied and if the evidence was fabricated, i need to see some evidence of that - some witnesses etc.

Just saying he's innocent is not enough for me to condemn Kagan or even to evaluate the claims against her.

I've read the posts for the most part but there is very little of substance on the actual details of what it is he is claimed to have done: i.e. take more than $500,000 in donations and use it to pay campaign debts in exchange for an influential seat at a rehulatory agency,. He really LOOKS guilty more or less based on the facts I have read DESPITE the fact that the process of his conviction was tainted.

I need more and a little more specificity with solid links/sites.

Normally I would give siegelman the benefit of the doubt.

But in this case I am giving Kagan the benefit of the doubt on THIS issue which seems an oberreaction with respect to her bona fides as a progressive pick for the SC.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 03:25 PM
Response to Reply #49
52. Kagan has no bona fides as a progressive at all
that I can see. Where are they?

And I think that I have given you plenty to go look for material that has been posted over and over here. Here is one article about all those former attorneys generals that found this case to be unacceptable. You can go from there. I'm not really interested in debating a case whose facts have been out there for years. But Hortaon, atlargely and Greenwald all covered it extensively. So did Mark Crispin Miller and Turley, iirc. If you can't find it at DU which is hard to imagine, the primary material is at those site.

http://www.harpers.org/archive/2007/07/hbc-90000530



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sandnsea Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 03:22 PM
Response to Reply #48
51. he's not claiming innocence
he's saying everybody does it, and that's what those ags are saying too. It's crap, every governor doesn't demand $500,000 quid pro quo for a board seat that regulates your own industry.
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sandnsea Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 03:18 PM
Response to Reply #37
50. If Bush put Ken Lay on the TX PUD
or whatever utility regulatory board, with $500,000 paying into a fund that Bush was liable for -- can you imagine the outrage around here.
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FLAprogressive Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 02:09 AM
Response to Original message
42. Where is the spin club now? They can't spin this one. Kagan sucks and there's no denying it.
Shame on Obama.
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Octafish Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 11:04 AM
Response to Original message
45. BESIDES continuing the illegal wars, THIS is what PISSES ME OFF MOST ABOUT OBAMA.
And, among other things, if the Department of Justice still supports Rove, Cheney & Associates, we'll never see their treasonous asses in the Supermax where they belong.

WTF? If I wanted more Bush, I'd have voted for McPalin.
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ooglymoogly Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 03:28 PM
Response to Reply #45
53. + 1 gazillion nt
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Iggo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 11:16 AM
Response to Original message
47. Do you guys think she filed that brief all on her own?
Or do you guys think she did it because she's the Solicitor General and takes her marching orders from the President?

In other words, do you think she up and said "Fuck this Siegelman guy"?
Or do you think she got a call that said, "Do your job"?

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ooglymoogly Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 03:33 PM
Response to Reply #47
54. So are you asking, is she a hypocrite who has no honor and will act criminally if ordered?
we already know those above are.
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Iggo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 05:06 PM
Response to Reply #54
55. No. I asked exactly what I asked.
I tried to make it simple.
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ooglymoogly Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 05:18 PM
Response to Reply #55
57. If only the defendants at Nuremberg had figured this magical defense out
Edited on Wed May-12-10 05:30 PM by ooglymoogly
and the folks then were as dumb. senseless and blind as they are now, they could have gotten away with mass murder just like Bushcabal has. Abetting or bearing false witness is a crime even if you do it at someone else s behest.
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Iggo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 05:27 PM
Response to Reply #57
58. Oh dear gawd, you're right. She's a fucking Nazi.
:hi:
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amborin Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 05:12 PM
Response to Original message
56. she hired conservatives and bushies Jack Goldsmith and John Manning, too
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