Legal Schnauzer: Were Siegelman And Minor Prosecutions True "Inside Jobs?" (New DOJ Developments)

[Hissyspit]

http://legalschnauzer.blogspot.com/2009/05/were-siegelman-and-minor-prosecutions.html

WEDNESDAY, MAY 6, 2009
Were Siegelman and Minor Prosecutions True "Inside Jobs"?

Don Siegelman, Paul Minor, and their codefendants hardly stand alone as targets of a rampaging Bush Justice Department. But why have those two Deep South prosecutions stood out as examples of "justice" run amok?

Perhaps it's because the judges who presided over the cases clearly were in on the fixes.

After studying the behavior of U.S. District judges Mark Fuller (Siegelman case) and Henry Wingate (Minor case), we've known for some time that they were part of the "inside jobs" that resulted in bogus convictions. But it appears that view is becoming more well understood around the nation.

The National Law Journal (NLJ) reports that more than a dozen federal district judges have taken the extraordinary step of contacting the Justice Department since January to express concern about serious misconduct by federal prosecutors.

Scott Horton, legal-affairs contributor at Harper's magazine and a law professor at Columbia University, notes:

These cases come out of New England, New York, Pennsylvania, California, Michigan and Georgia. Strangely, no judges in Alabama or Mississippi have raised questions, even though senior figures in the Justice Department are now persuaded this is the seat of the most serious and most deeply entrenched abuse. Seems like the Alabama and Mississippi federal judges get along just fine with a little prosecutorial misconduct, no?

That's right, and it's because they are part of the misconduct.

In an article titled "Holder Promises Speedy and Transparent Reviews of Attorney Misconduct," NLJ's Andrew Longstreth reports that Attorney General Eric Holder appears to be taking the concerns of federal judges seriously. The Longstreth piece currently is available online only to premium subscribers. But here is the full piece, which could have implications for the Siegelman and Minor cases:

When Attorney General Eric Holder, Jr., took office earlier this year, rebuilding morale at the Justice Department was one of his top priorities. But The National Law Journal's Joe Palazzolo reports that after the botched case against former Alaska senator Ted Stevens--in which the judge found that prosecutors had withheld evidence--he's also having to reassure federal judges of Justice's commitment to reviewing complaints against his own attorneys. We'll have to see what that does to morale.

According to Palazzolo, Holder met with the nation's chief federal district judges on April 21 in Washington, D.C. At the meeting, which was closed to the public, Holder promised improvements to the Office of Professional Responsibility and asked the judges to contact him personally about questionable prosecutor conduct. Palozzolo reports that Holder even gave his cell phone number to the judges. How's that for service?

Chief Judge Mark Wolf of the District of Massachusetts took Holder up on the offer, reports Palazzolo. In a letter to Holder last week, Judge Wolf encouraged Holder to look into allegations of prosecutorial misconduct stemming from a high-profile mafia case and the prosecution of an FBI agent.

MORE

[Richard Steele]

1. K&R.

[livvy]

2. Off to the Greatest with thee! knr n/t

[MagickMuffin]

3. Mark Fuller and Henry Wingate NEED TO BE DISBARRED

And Fuller should be behind bars for his obstruction to justice.

I'm as familiar with the Minor case.

[mod mom]

5. Scott Horton on Judge Fuller:

for those not aware of his corruption:

The Pork Barrel World of Judge Mark Fuller

Harper's
DEPARTMENT No Comment
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

[MagickMuffin]

7. I actually wrote about this here back in July 2007 and added it to my Journal

Scroll down to bottom: http://journals.democraticunderground.com/MagickMuffin

So, I'm pretty caught up on Fuller, however, I need to brush up on the Minor case.


EDIT: here's the original thread: http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=389&topic_id=1384629

[merh]

9. Legal Schnauzer and Scott Horton and Larissa have some articles

that may help you brush up on the Minor case.

[mod mom]

10. Interesting in how there is a mountain of info on how this judge is doing big buck

business w the Defense Department but nothing has come of it, isn't it? Why hasn't AG Holder gone after this obscene abuse of power within the judicial? Why is Leura Canary still US Attorney when her husband is making $ from consulting with the GOP? Lot's to dig into down there!

Thanks for the link. I've read that Locustfork blog before as well especially since the Siegelman case is also about election fraud-an area near and dear to me. :hi:

[bertman]

13. Mod mom, I'm gonna suggest that they can't do everything at once. So, getting up to

speed on all of these "problems", figuring out which ones should take priority, determining if there are major obstacles to making cases stick, selecting the right investigators for the job, making sure that they aren't stepping into a big stinking dog turd of a trap laid by BushCo, might be just a few reasons they haven't turned this into a headline. For all we know, they ARE working on this and are holding their cards close to the chest.

Just sayin'.

I don't have an inside track on any of these potential investigations so I may be off base, but I'm still crossing my fingers.

I recommend this thread.

[mod mom]

4. and we can do our part by applying pressure by contacting the DoJ:

[e-mail]

and contacting your elected officials.

k&r

[pleah]

6. K&R

[merh]

8. The DOJ has indicted a Hinds County Circuit Judge (MS)

for bribery. Bobby Delaugher is facing charges that he allegedly decided cases in favor of Trent Lott's brother-in-law, Dickie Scruggs, in return for the 5th Circuit Appeals Court judgeship (Trent was to make the recommendation to Bush that he be appointed.)

Wingate, the judge in the Minor case was promised support by the DOJ for the same post - that's why he cooperated so, he wanted to be a good repug and get that post.

Delaugher is the former prosecutor that convicted Byron de la Beckwith for the murder of Medgar Evers, a noted civil rights leader.

Wingate is the chief judge, do you think he will ask to investigate himself or the prosecutors?

[bobthedrummer]

11. K&R

[bleever]

12. K&R.

Keep up the pressure.

[MasonJar]

14. Not do everything at once excuse is hardly one I would appreciate if I were

Seigelman and Minor, especially since this is such obvious inJUSTICE and much more important than Stevens, who did in fact take bribes. There have been numerous requests by states' attorneys-general and now by judges asking for a fair review of this miscarriage of justice. The man was a former governor and was led off in shackles at the demand of the judge. This is pure Rovian at its worst. It is time for Holder to take time for Seigelmann. He is too busy apologizing to judges to see the criminal judges staring him in the face.

[Soylent Brice]

15. K&R

[L. Coyote]

16. Time to review all appointments by the Bush Junta. They stole the Presidency

and that too needs review!! Every Bush appointment needs to be considered in light of stealing the Presidency!

[ControlledDemolition]

21. I would add the death of Paul Wellstone to the investigative list. n/t

[McCamy Taylor]

17. The DOJ was the mob enforcement arm of Bush-Cheney at home.

Why do you think they called Gonzo "Fredo"?

[Ellipsis]

18. K&R

[RaleighNCDUer]

19. And in an unrelated, yet clearly related, move

conservatives are trying to overturn provisions of the Voting Rights Act of 1965, because the southern states have clearly moved beyond the need for federal regulation of their elections - they no longer have a problem with partisan political fiefdoms and a corrupted judiciary that disenfranchised so many of their citizens back in the bad old days.

[Laura PourMeADrink]

20. the sad part - nothing is done - don is still in limbo - rove still

free. The man (don) has been screaming for months and months and month about the royal foul play and injustice.

wtf - why does it take so long? and why is this man still a revered commentator on the news networks

wtf?

[leftstreet]

22. K&R