Federal Prosecutors Want Siegelman To Get A Longer Sentence

[FourScore]

Federal Prosecutors Want Siegelman To Get A Longer Sentence
by RogerShuler
Tue May 12, 2009 at 11:37:40 AM PDT

Federal prosecutors will seek a 20-year prison sentence for former Alabama Governor Don Siegelman when he receives a new sentencing hearing in federal court in Montgomery, according to a report just out from Associated Press.

Siegelman originally received a sentence of roughly seven years following his conviction on federal corruption charges. The new 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.

AP reports:

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.

Today's report is alarming for a couple of reasons:

(1) It lends credence to the U.S. 11th Circuit Court of Appeals' ruling that upheld most of the convictions against Siegelman and codefendant Richard Scrushy. Our research of the ruling, and the relevant law and facts, indicates the 11th Circuit's ruling was flawed, unlawful, and a continuation of the politics that have permeated the case from the outset.

(2) It indicates that federal prosecutors are acting as brazenly under the Barack Obama administration as they did under George W. Bush. We now have Eric Holder as attorney general, but today's news indicates that makes zero difference to the prosecutors who ramrodded the Siegelman case.

Is the 11th Circuit's ruling flawed? The answer is yes. You certainly won't hear about that from federal prosecutors, and no one in the mainstream press is likely to examine the ruling closely enough to determine whether it is legit or not.

But we have studied the ruling and found it be full of holes. Our findings are coming soon.

http://www.dailykos.com/story/2009/5/12/730623/-Federal-Prosecutors-Want-Siegelman-To-Get-A-Longer-Sentence

[FLAprogressive]

1. The Obama Justice Department Wants Siegelman To Get A Longer Sentence

[villager]

3. More of the "spare change" we can "believe" in

n/t

[merh]

6. Not exactly

Leura Canary still holds her job, Obama has not yet appointed a new US Attorney. (Didn't she send a letter saying she wanted to keep the office for another year?)

[villager]

8. all right then, fair enough -- but he needs to get on it, before more Bush damage

...is inflicted on America.

Additionally, where is Holder in all this?

[merh]

12. The dems in Alabama give the names of those they would like

to have nominated to serve as US Attorney under Obama's admin. I'm not certain that list of potential nominees has been submitted to Obama.

Relative to Holder, as I said, a letter to him pointing out how horrible it is that the same prosecutor accused of misconduct and political abuses now seeks to punish Seigelman for pursuing his appeal couldn't hurt. I would be willing to bet that Seigelman's folks will be doing just that.

[madfloridian]

11. Then Siegelman could go back to jail before Obama appoints new attorney?

That is scary.

[merh]

15. The dems in Alabama is who he looks to for a list of potential

nominees.

You don't want him to ask Shelby, do you?

If the judge did increase the sentence it would be appealed as there is no justification for same, Seigelman has not been convicted of anything new. The Appellate Courts frown on punishing folks for pursuing their right of appeal.

[mod mom]

14. and doesn't Leura Canary still hold the post of US Atty?

Why do you think Obama Administration is dragging their feet?

[merh]

16. Who said it is the Obama admin?

Have the dems in Alabama provided him a list of potential nominees?

I know that the the dems in MS have not yet given them a list of potential nominees to replace the bush appointees.

Then there is the vetting process.

[Baby Snooks]

18. She should have been replaced already...

So why hasn't she been?

[merh]

19. Because she hasn't?

What I know is that the dems in Alabama are asked to provide the Obama admin with a list of potential nominees for the job.

I don't know if they have done that yet. If they have, the vetting process may be happening.

You may want to ask Holder.

:eyes:

[HamdenRice]

21. Many people seem not to understand that it is difficult to "fire" a US Attorney

Your information in this and the other thread are a welcome bit of common sense.

Not only is it the same Bush era, politicized corrupt US Attorney, but if Holder tries to remove her, there will be Rovian howls about Obama having "politicized" the Justice Department -- the usual hypocritical crap they pull of accusing people of what they themselves are guilty of. In the meantime, she's going to continue to be a loose cannon in Alabama.

I would only add, that the only way the Seigelman case is going to be resolved fairly is for it to be appealed from the 11th Circuit to the U.S. Supreme Court.

That's going to take a long time, unfortunately.

[merh]

22. The removal of Carney wouldn't be that difficult, it is a norm that

when the new president takes office they hire new DOJ US Attorneys. Most of the bush US Attorneys have offered their resignations or are ready to do so when asked by Obama. Carney is not one of those that is willing to resign, she has asked to be allowed to remain.

The Office of Professional Responsibility is the division of the DOJ that investigates the alleged wrongs of the DOJ.

The Justice Department's Office of Professional Responsibility is investigating the Siegelman case, so Holder may be inclined to wait for the results of that effort before making any move. A spokesman for DOJ pointed out to the Times that an appeals court panel recently upheld Siegelman's conviction, and because he is appealing that decision, "the department will continue to litigate this matter in the courts, not in the media."

http://tpmmuckraker.talkingpointsmemo.com/2009/04/seventy-five_ex-ags_to_holder_review_siegelman_cas.php#more

On April 8 Holder named Mary Patrice Brown to head the OPR. I'm sure she is trying to keep up with all the complaints. As the article referenced above states, it is unlikely that Brown or Holder will interfere with the Siegelman case as long it is "in the courts". I do think the efforts to increase the sentence beyond what the judge originally ordered (and beyond what the DOJ recommended in the presentence report) are of concern and that those who do care (beyond bitching on a message board) should send letters to Brown and Holder reflecting their outrage at this unfair twist. The 11th circuit considered Siegelman's sentence and found it appropriate, they just ordered the court reconsider it taking into account the reversals. That doesn't afford them the chance to increase his sentence beyond what was ordered pre-appeal.

[Joanne98]

2. Prosecutors are human scum.

[madfloridian]

4. This really scares me. I thought things would be different

in the DOJ now.

[merh]

5. Obama has not appointed a new prosecutor for the district

in Alabama.

We are talking about the same prosecutor, Leura Canary. She is the one asking for the increased sentence (it would be her office).

The Court is bound by the original sentence and the presentence report filed when Seigelman was convicted. The new report would only include new wrongs, it could not punish him for appealing his conviction. It cannot now seek to increase the penalty simply because Seigelman pursued his right to appeal the case.

If anything, this effort is just further evidence of the prosecutor's vendetta - maybe it will cause holder to take action. (Everyone should send a copy of this nonsense on to holder and complain loudly and often.)

[Gregorian]

7. Phew. Thank you.

I get hopeless rather quickly. Thanks for the rescue.

[merh]

10. It is hard to keep hoping that Obama/Holder will do something.

Maybe this effort will be what makes them do something. Maybe Holder will get just as angry as we are, disgusted with this prosecutor. That's why we all need to send this on to Holder, so that he knows what is going on.

How dare the prosecutor try to increase the sentence after the appeal, is he being punished for daring to challenge his conviction? Is he being punished for proving that part of the conviction was flawed? I'd be interested in seeing that letter and why Martin thinks his sentence should be increased.

[EFerrari]

9. Wait. This is a misleading headline. It's the same prosecutor.

We need to slow down on these accusations, especially in these early days And we need to not believe every stupid thing AP says -- they've been saying Obama = Bush at every opportunity. Especially in this case, they should obviously know who the prosecutor is. Shuler should have also checked this, too.

[Jack Rabbit]

13. Fuller? Talk about federal judges who need to be impeached and removed

Why are they letting that glorified shyster anywhere near this case?

[DebbieCDC]

17. Yeah, sure cleaned up that DOJ all right

Got to that right after getting rid of DADT, closing Gitmo, etc. etc.

Same old same old

[merh]

20. 113 days or so in and he still hasn't solved the worries of the world

How dare he :sarcasm:

:eyes: