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Siegelman Lawyers Want Libby Treatment
If 30 months of prison time was too stiff a sentence for Scooter Libby, then seven years is far too long for former Gov. Don Siegelman (D-AL), according to one of his lawyers.
Montgomery-based attorney Susan James, who handled Siegelman's sentencing hearing, predicts that President Bush's decision to commute Libby's sentence will be referenced in briefs across the country soon -- including her own.
"[Bush] has basically come in and said the sentence is too harsh," James said. "I'll find some way to weave that into our argument."
Siegelman was convicted on corruption charges stemming from appointing a healthcare CEO, Robert Scrushy, to a public board. Like Libby, he was also convicted of obstruction of justice charges, which were related to a $9,000 motorcycle transaction. But unlike Libby, who was give six to eight weeks to report to jail, Siegelman was taken into custody immediately after the judge announced his sentence. Before the commutation announcement this evening, Siegelman's lawyers had argued that he should have been allowed to remain free while awaiting his appeal.
"He doesn't want to be treated like Paris Hilton, but he does want to be treated fairly like Scooter Libby," said another one of Siegelman's lawyers, Vince Kilborn.
Siegelman's lawyers plan to argue before the 11th Circuit Court of Appeals that his sentence violated his right to a jury trial because the judge took into consideration charges on which he was acquitted. Federal judges have been allowed to consider material from acquitted charges since 1997, though that was before a 2005 Supreme Court decision that made federal sentencing guidelines advisory. Siegelman's lawyers said there are questions there to be worked out still.
Siegelman has maintained throughout his trial that his prosecution has been politically motivated. An affidavit signed by a Republican lawyer has supported this claim by implicating White House strategist Karl Rove as having a hand in the case. The affidavit has not been entered into evidence so far in the case, and will not be part of the appeal, James said. But it may be included as evidence for a new trial or in a habeas petition.
Comments (44)
libra wrote on July 2, 2007 8:22 PM:I'd rather see Siegelman's conviction overturned than his sentence commuted, though I don't blame his lawyers for trying to throw everything -- including the kitchen sink -- thrown at the judges.
weird... security code is 'desitre"... :)
PeeJ wrote on July 2, 2007 8:42 PM:In the immortal words of our beloved Vice President, "Go Fuck Yourself!" I didn't say it, he did.
Peace!
lampwick wrote on July 2, 2007 8:49 PM:In unrelated news this evening, there are mysterious reports from across the country of bald eagles suddenly siezing-up in mid-flight and falling lifelessly to the ground.
David wrote on July 2, 2007 8:50 PM:Bush to Siegelman: "sorry, you're the wrong party -- what do you expect, blind justice? heh heh!"
Marty wrote on July 2, 2007 8:54 PM:Republicans get amnesty. Undocumented workers, Democrats, and anyone else need not apply.
Shade wrote on July 2, 2007 9:39 PM:It's a slippery slope--once you set the stage for special privilege, you must extend it to ALL the rich white men, regardless of party.
Of course, the rest of us are still screwed.
Mark wrote on July 2, 2007 9:42 PM:Siegelman is a crook and deserves prison time.
Also, Sandy Berger deserves prison time for protecting Bill Clinton's involvement in 9/11.
Vankent wrote on July 2, 2007 10:04 PM:I love it when the neocon idiot trolls come out, just like Mark to submit a baseless claim against Clinton, who was NOT president when the tragedy of Sept. 11, 2001, occurred.
alabama wrote on July 2, 2007 10:16 PM:Has anyone considered that by commuting the sentence Mr Libby will still be able to assert his 5th amendment rights and can not be compelled to testify. Had President Bush pardoned him he would have been able to testify against the President and VP. President Bush said that the crime didn't fit the time. Well what about Don Siegelman he is doing time and didn't commit a crime. Unless being a democrat has recently been added to the federal code to be a crime!!!!!!!!!!!!
Brianm0122 wrote on July 2, 2007 10:17 PM:Well, that didn't take long,,
The "Blame Clinton" defense.
johnnydoughey wrote on July 2, 2007 10:17 PM:Sorry pal...
jay severin has a small pen1s wrote on July 2, 2007 10:19 PM:You should have been caught when YOUR cronies were in charge...
Now you'll just have to wait 'til we get a democrat for president, then you can be taken care of...
"Sandy Berger deserves prison time for protecting Bill Clinton's involvement in 9/11" -Mark
That's a new one to me there, Mark. I'm no Bill Clinton fan but you gotta 'splain' that one in plane ingles to me.
The big question for me on the Scooter...that no one has asked...is why not just reduce the sentence to what was reasonable? Two months. A half year. Why nothing. And I heard Fred Barnes comment through his tightened permasmile that the $250K fine was punishment enough. Sounds like buying your freedom to me. What's that...10% of what Scooter makes off his book deal? How soon until we get to eat the rich.
jay severin has a small pen1s wrote on July 2, 2007 10:19 PM:"Sandy Berger deserves prison time for protecting Bill Clinton's involvement in 9/11" -Mark
That's a new one to me there, Mark. I'm no Bill Clinton fan but you gotta 'splain' that one in plane ingles to me.
The big question for me on the Scooter...that no one has asked...is why not just reduce the sentence to what was reasonable? Two months. A half year. Why nothing. And I heard Fred Barnes comment through his tightened permasmile that the $250K fine was punishment enough. Sounds like buying your freedom to me. What's that...10% of what Scooter makes off his book deal? How soon until we get to eat the rich.
Stop supporting people that hate you America!!!
Brianm0122 wrote on July 2, 2007 10:20 PM:Well, that didn't take long,,
The "Blame Clinton" excuse.
alabama wrote on July 2, 2007 10:22 PM:Has anyone considered that by commuting the sentence Mr Libby will still be able to assert his 5th amendment rights and can not be compelled to testify. Had President Bush pardoned him he would have been able to testify against the President and VP. President Bush said that the crime didn't fit the time. Well what about Don Siegelman he is doing time and didn't commit a crime. Unless being a democrat has recently been added to the federal code to be a crime!!!!!!!!!!!!
johnnydoughey wrote on July 2, 2007 10:27 PM:"I love it when the neocon idiot trolls come out"
Mark's right though. Everytime ANY of these clowns get special treatment, the rest of us, including future generations have to pay the penalty, and Berger stole state secrets. Lower folks who steal state secrets usually pay a slightly highr price.
We shouldn't have to be supporting one mob group over the other. Both of these gangs are destroying a couple hundred years worth of people willing to sacrifice their lives for this democracy, and both sides have been making a mockery of their sacrifices for a few years now.
anonymiss wrote on July 2, 2007 10:30 PM:I'd just like to point out, for the record, that Scooter Libby got BETTER treatment than Paris Hilton.
Compared to Scooter, they threw the book at her.
What is our country coming to when we hold drunk heiresses more accountable for their actions than men entrusted with guarding the nation's secrets?
Seriously, this guy created a First Amendment crisis because he lied about whether he'd secretly spoken to reporters, illegally outing a spy in order to zing her husband. He never seemed the least bit remorseful of his actions, which were motivated entirely by politics, and he never apologized for his repeated lies. He obstructed justice--brazenly, repeatedly, and unrepentantly--for political gain.
Is it just me, or is that worse than a blond driving with a suspended license?
And yet which one of them served time?
LOL--security code "collar". Yep, which one of 'em got collared?
UnEasyOne wrote on July 2, 2007 10:35 PM:I know almost nothing about this case. Anybody know where I could get a decent rundown? I know enough to know that the prosecution was politically motivated - not enough to form an opinion as to guilt or innocence.
fergie303 wrote on July 2, 2007 10:50 PM:Wow. It's a sad commentary that only about one out of ten of you folks see that perjury committed by either a right wing wacko or a left wing wacko really hurts our system of justice. Your views of what is right and what is wrong sort of mimic the difference of opinions between the Sunni's and Shites. It all depends on which side you stand on. God help America and justice.
Christopher Davis wrote on July 2, 2007 11:04 PM:So if 30 months of prison time after you're convicted by a jury in an actual trial where you get to present your defense aided by a lawyer named "Lawyer of the Year" in 2006 is "excessive", I guess the 42 months before Jose Padilla was even charged is...not excessive?
Scott L wrote on July 3, 2007 12:41 AM:I belive the most telling thing about this is when ANYONE reports this and any legal thing going on now they prefecte it with "Republican or Democrat judge." All facets of the legal system are now viewed by the players being of a political party. You have done a total job on the legal system Mr. Bush and co.
Scott L wrote on July 3, 2007 12:43 AM:I belive the most telling thing about this is when ANYONE reports this and any legal thing going on now they prefecte it with "Republican or Democrat judge." All facets of the legal system are now viewed by the players being of a political party. You have done a total job on the legal system Mr. Bush and co.
Scott L wrote on July 3, 2007 12:48 AM:sorry about the twin postings.
johnnydoughey wrote on July 3, 2007 1:25 AM:Uneasyone:
johnnydoughey wrote on July 3, 2007 1:32 AM:check this link to the Washington Post. Near the top is a small headline in red with Valorie Plame in it.
It has the timline, backgroun, trial, etc.
Uneasyone:
Sorry, the post wouldn't accept my link arrows.
Here's the link below
http://www.washingtonpost.com/wp-dyn/content/linkset/2005/09/29/LI2005092901976.html
vox clamantis in red state wrote on July 3, 2007 8:00 AM:The Law, Congress, the courts, the military, soldieres, tribunals, everything connected with the idea of a govt by the people, for the people and of the people, has now willfully been brushed aside by this w and his cabal.
1st City Citizen wrote on July 3, 2007 8:49 AM:Not another drop of blood shed for this maladministration, but I am ready to shed my blood to remove these miscreants.
vox clamantis in red state
I suspect that you are not the only person willing to spill blood to remove this administration, but please remember that they are still listening to our conversations and reading everything we write and send over the internet.
My observation is that Scooter's commutation may be the straw that broke the camel's back. I wonder, however, if this is part of a strategy designed to get the public to revolt so the thugs can implement marshall law.
This is scary because I know some people who have decided it is time to bring their stash of weapons out of hiding.
Xman wrote on July 3, 2007 9:41 AM:Unfortunately, Siegleman doesn't have the benefit of the President using his special powers: "I looked into his eyes and saw his soul".
Might make an interesting motion....
Jeff (no, the other one) wrote on July 3, 2007 9:44 AM:Siegelman had people out to get him from day one. Doesn't mean he didn't do anything wrong -- but he certainly knew enough to be more careful.
He did business and politics the way it gets done in Alabama. Simple as that. The ones with the most gold make the rules, y'know.
Co-worker was formerly on the state Board of Nursing. When his term ended, his replacement said , "Sure, give Bob Riley enough money, you can get on any board you want..."
Manamongst wrote on July 3, 2007 9:47 AM:Wow...how did the words unfair sentence come out of his mouth after what he did to Padilla, and the tribunals that keep trying suspects until they get the desired verdict. He only cares of things and people within his bubble. Valerie Plame is not in that bubble, the only people I know that can try and turn a victim into the bad guy.
It's like they all huddle up and play their position: Matalin...you're Offensive Tackle, on three you beat the "she not covert" drum...Dick Morris, you're tight end, we're going two tightends so you and Mr Christie hit'em with the "underlying crime" spiel!
And no this is not the straw that broke the camels back. This is the straw that makes them believe that the camel's back in unbreakable.
I'll just end with this, these guys never had to so much as put oil in their car, so don't be surprised when they drive their car till the engine blows. Every mechanic they had in their camp have since run off and apparently they've forgotten this...the only drawback to the freedom of having such a low opinion rating that you don't care....COME ON they turned-off the Whitehouse phone lines last night. That tells me that Bush won't be taking any questions for the next 3 weeks. Damn, Dana Perino you're hot and all but, as the illustrious Biz Markie said, "Nothing can save ya..."
Dear God...Security Code: "hand"
Anonymous wrote on July 3, 2007 11:03 AM:I know almost nothing about this case. Anybody know where I could get a decent rundown? I know enough to know that the prosecution was politically motivated - not enough to form an opinion as to guilt or innocence.
Posted by: UnEasyOne
Date: July 2, 2007 10:35 PM
The prosecution was politically motivated? How?
I quote Glenn Greenwald:
The Plame investigation was urged by the Bush CIA and commenced by the Bush DOJ, Libby's conviction pursued by a Bush-appointed federal prosecutor, his jail sentence imposed by a Bush-appointed "tough-on-crime" federal judge, all pursuant to harsh and merciless criminal laws urged on by the "tough-on-crime/no-mercy" GOP. Lewis Libby wass sent to prison by the system constructed and desired by the very Republican movement protesting his plight.
So, yeah, politics was involved. And it just goes to show that even when the system is set-up exactly how the Republicans want it, and there are no partisan scapegoats to be had, they will still shriek like downing harpies about the unfairness of it all.
Scooter Libby got the most favored treatment possible from this government and this justice department, and they STILL found him guilty.
But as we all know, prison is just for those colored people...
jeremyv wrote on July 3, 2007 11:07 AM:I know almost nothing about this case. Anybody know where I could get a decent rundown? I know enough to know that the prosecution was politically motivated - not enough to form an opinion as to guilt or innocence.
Posted by: UnEasyOne
Date: July 2, 2007 10:35 PM
The prosecution was politically motivated? How?
I quote Glenn Greenwald:
The Plame investigation was urged by the Bush CIA and commenced by the Bush DOJ, Libby's conviction pursued by a Bush-appointed federal prosecutor, his jail sentence imposed by a Bush-appointed "tough-on-crime" federal judge, all pursuant to harsh and merciless criminal laws urged on by the "tough-on-crime/no-mercy" GOP. Lewis Libby wass sent to prison by the system constructed and desired by the very Republican movement protesting his plight.
http://www.salon.com/opinion/greenwald/2007/07/03/libby/index.html?source=rss
So, yeah, politics was involved. And it just goes to show that even when the system is set-up exactly how the Republicans want it, and there are no partisan scapegoats to be had, they will still shriek like downing harpies about the unfairness of it all.
Every significant decision-maker in this process was a Republican.
Every.
Single.
One.
Scooter Libby got the most favored treatment possible from this government and this justice department, and they STILL found him guilty because it was so damn obvious.
But as we all know, prison is just for those colored people...
bartcopfan wrote on July 3, 2007 11:18 AM:How soon until we get to eat the rich.
Jay, about 7 minutes per pound oughta do it....
Anonymous wrote on July 3, 2007 11:24 AM:1st City Citizen:
I'm not worried about Marshall law. They can't pacify a country the size of Iraq. Do you really think they could pacify the United States?
It would be one mighty sh*t-storm and the government forces would lose.
Of course, then we'd have no legitimate government, good or bad, and that would be far worse.
Scott L wrote on July 3, 2007 11:41 AM:The Republican Party cares very much about the Bill of Rights. Thats why they spend so much time and effort trying to dismantle it and other rights of the American People. One country two laws.
BobbyD wrote on July 3, 2007 12:15 PM:For the record, Repukes, even bootlickers like yourselves cannot claim political motivation in Libby's prosecution. Fitzgerald is a Republican appointee as was the judge in the case. They simply followed the rule of law that you Reichwingers use to at least make believe that you cared about. Hypocritical scumbags like Trent Lott make me laugh when they wanted to impose a STRICT rule of law regarding Clintons impeachment but rallied for pardon in this case. Let's hope your "on the fence" constituents remember this next election time. This man NEEDS to be retired.
Martiki wrote on July 3, 2007 3:44 PM:Bush NEEDS to be impeached (not for this, but for countless other crimes he's commited), Gonzales and Rove NEED to go to jail and Cheney NEEDS to be torured!!!! I hope Congress or Fitz continue investigating these treasonous acts and bring those bastards to justice....but impeach the Monkey 1st to avoid commutations and pardons!
I'm not worried about Marshall law. They can't pacify a country the size of Iraq. Do you really think they could pacify the United States?
It would be one mighty sh*t-storm and the government forces would lose.
Of course, then we'd have no legitimate government, good or bad, and that would be far worse.
Posted by:
Date: July 3, 2007 11:24 AM
pointus wrote on July 3, 2007 5:39 PM:And you think we've had legitimate government these past 6 1-2 years........?
It never hurts for us to call our representatives in the US house, urging them to support & co-sponsor HR#333, the articles of impeachment (introduced by Rep. Dennis Kucinich) against vice president Cheney. The resulting investigations might be enough to bring down the chimp-in-chief as well.
jubal8 wrote on July 3, 2007 8:18 PM:1st City Citizen
If I had a needle for every straw that was to break this camel's back, things still would look just as baleful, and the deck be just as stacked.
Message to Nancy: Visualize a bigger table.
JNagarya wrote on July 4, 2007 3:06 PM:For the most focused reportage on the Siegelman prosecution go here:
http://harpers.org/subjects/NoComment
JNagarya wrote on July 4, 2007 3:12 PM:"I love it when the neocon idiot trolls come out"
Mark's right though. Everytime ANY of these clowns get special treatment, the rest of us, including future generations have to pay the penalty, and Berger stole state secrets. Lower folks who steal state secrets usually pay a slightly highr price.
We shouldn't have to be supporting one mob group over the other. Both of these gangs are destroying a couple hundred years worth of people willing to sacrifice their lives for this democracy, and both sides have been making a mockery of their sacrifices for a few years now.
Posted by: johnnydoughey
Date: July 2, 2007 10:27 PM
That is the equivalent of a wingnut troll.
Sandy Berger did not "steal state secrets". He had legitimate access to those materials because they were documents that were generated by him when he was in office. What he did was take opies of the documents as research materials for his book.
Should he have handled those materials othewise? Yes. But the nonsense that he "stole" documents/"state secrets" is a wingnut lie.
LostInSpace wrote on July 5, 2007 6:35 AM:"Also, Sandy Berger deserves prison time for protecting Bill Clinton's involvement in 9/11."
So, Clinton plotted to fly planes into New York, DC, and Western PA...
Oh, wait, that was "OBL Determined to Attack US," not "Bill Clinton (and OBL) Determined to Attack US."
Or, Clinton personally flew one of the planes - in which case, he either has a Transporter Beam...or has Teleporting Superpowers....
Or, Clinton ordered the US Military to stand down on 9/11.
Oh, wait, Clinton wasn't the president during the president of the united states at the time of the attack.
Bush was.
JNagarya wrote on July 5, 2007 7:49 AM:"Also, Sandy Berger deserves prison time for protecting Bill Clinton's involvement in 9/11."
So, Clinton plotted to fly planes into New York, DC, and Western PA...
Oh, wait, that was "OBL Determined to Attack US," not "Bill Clinton (and OBL) Determined to Attack US."
Or, Clinton personally flew one of the planes - in which case, he either has a Transporter Beam...or has Teleporting Superpowers....
Or, Clinton ordered the US Military to stand down on 9/11.
Oh, wait, Clinton wasn't the president during the president of the united states at the time of the attack.
Bush was.
Posted by: LostInSpace
Date: July 5, 2007 6:35 AM
This is how morally superior Republican logic and lying work:
1. The first WTC bombing occurred a month after Clinton took office. Therefore, Bill Clinton was responsible.
2. The second WTC attack occurred 8 months after Buhsit took office. Therefore, Bill Clinton was responsible.
3. The first WTC bombing was not Daddy Bushit's responsibility because he wasn't president at the time.
OCPatriot wrote on July 5, 2007 3:35 PM:Here seems to be one type of justice for highly placed Bush officials and another for everybody else. I don’t see the WSJ or the OC Register writing an editorial for Paris Hilton, who did more time than Libby, or for Victor Rita or Gov. Don Siegelman. Nor do I see any Republican acknowledging that, if Libby had to serve time, he probably would have confessed that the Vice President was responsible for outing a CIA agent, a violation of our laws, and in so doing endangered a number of other CIA lives. Libby lied, and because of that he stymied the investigation that the CIA originally asked for. And I don’t see any comments from our so-called representatives or an editorial about the balloon Tony Snow sent up that Libby might be completely pardoned, objecting to such scurrilous talk. I have concluded that Republicans almost all eventually lie. Condi lies. Cheney lies. Even Colin Powell now admits he lied. Come on, readers, stop being victims. They lie. Of course they lie. Truth isn’t important. Only what they think in their head, only what concoctions get brewed in their bunker-like mentality, seem to be “real” to them. So why—why, indeed?—would anyone expect anything else from them? It was convenient to lie about Iraq being connected to Al Qaeda. Bush’s head is so muddled that he probably believes it; Rove likes twisting people’s heads; so does Cheney. By this time they may believe we went to war to stop Al Qaeda in Iraq. But my point is: Who cares? It’s not true and truth IS NOT IMPORTANT TO REPUBLICANS at this point in time. The media by and large aren’t journalists, or keepers of the “truth” flame; they by and large sell advertising and entertain; they have no discipline or sensitivity or even any reason to ask hard questions. Why, oh why, do people always seem to expect it? It’s playing the victim, and that seems to be the role they’ve assigned for yourselves. When they get over it, and strike back to reclaim the electorate by asking the hard questions and not dumbing down statements like “Bush lied today”, or “Bush made wildly conflicting statements today” or “Bush didn’t answer the question he was asked.” When this begins to happen, when influential people say, Stop the madness, they won’t be victims any more. So if you help Republicans in any way, by not voting or by not persuading your friends and family to vote, by not contributing to the Democrats, you'll be helping to promote a draft, among other things too stupid to mention. So make sure the Democrats win this time around, and don't jawbone about it or prevaricate or think about how inept or stupid they are, just vote for them. Right now the Democrats are the only force that will balance off the Republican's march to a totalitarian state; they may become corrupt but it'll take some time for that to happen.