Siegelman Notes

Legal Schnauzer, Eleventh Circuit panel uses cheat job on Richard Scrushy to justify its latest cheat job on Don Siegelman, Roger Shuler, May 21, 2015. The U.S. Eleventh Circuit Court of Appeals virtually ignored perhaps the single most important issue raised on the Don Siegelman appeal-- that, under the law, the former governor is entitled to discovery on whether former U.S. attorney Leura Canary abided by her supposed recusal in the case. The panel used a fancy legal term called "law of the case." Is Siegelman out of options? Technically, the answer is no. He could seek an en banc hearing of the full Eleventh Circuit (minus Birmingham-based Bill Pryor, who has enough conflicts in the matter to sink the USS Missouri.) He also could seek review from the U.S. Supreme Court, which already has declined to hear the case once. A presidential pardon is not out of the question. But the grim truth is this: The federal judiciary and the Obama Department of Justice (DOJ) are deeply invested in covering up scandalous actions in the Siegelman case, so it's hard to see help coming from either of them.

 

 Marcus Echols Show, Interview with Andrew Kreig on Alabama Prison Reform, May 4, 2015 (radio interview for 100 minutes). 

Montgomery Advertiser, Fuller probe moving swiftly, judge says, Mary Troyan, May 1, 2015. The federal judiciary’s investigation into the domestic violence case against U.S. District Judge Mark Fuller is “progressing swiftly,” according to the judge leading the probe. U.S. Circuit Judge Gerald Tjoflat provided the update to Sen. Charles Grassley, R-Iowa, chairman of the Senate Judiciary Committee, in a recent letter. Fuller, whose office is based in Montgomery, has been suspended with pay for more than eight months while other federal judges decide whether additional discipline is needed. Fuller was charged with misdemeanor battery in August after his then-wife called 911 from an Atlanta hotel room and asked for help. He completed a pretrial diversion program involving counseling for domestic violence, and the charge was dropped in April. But the 11th Circuit Court of Appeals and Congress still have a say in whether Fuller should return to the bench. Several members of Congress from both parties have said the incident jeopardizes the integrity of the court and asked Fuller to resign. Fuller’s fellow judges could recommend impeachment, and the House Judiciary Committee already has requested a budget increase in case Congress pursues that option.

Associated Press via WFSA-TV (Montgomery), 11th Circuit upholds Siegelman conviction, sentence, Staff report, May 20, 2015. A federal appeals court has upheld the bribery conviction and prison sentence of former Alabama Gov. Don Siegelman [shown in a CBS "60 Minutes" show documenting how he has been framed for political reasons]. The 11th US Circuit Court of Appeals ruled Wednesday that Siegelman was not entitled to a new trial. The judges also upheld Siegelman's 78-month sentence. The ruling is the latest legal blow to Siegelman, who has been fighting to overturn his 2006 conviction in a government corruption case. A federal jury convicted Siegelman of appointing former HealthSouth CEO Richard Scrushy to a state board in exchange for campaign donations. Siegelman, a Democrat, had argued that a prosecutor with ties to GOP politics remained involved in his case despite her recusal. Federal judges said there was no evidence she influenced the prosecution team. Siegelman is projected to get out of prison in 2017. In related news, see also: Montgomery Advertiser, Fuller probe moving swiftly, judge says, Mary Troyan, May 1, 2015.

 

Free Don Siegelman

WASHINGTON - Senate Judiciary Committee Chairman Chuck Grassley of Iowa has asked the Eleventh Circuit Court of Appeals to update the committee on its investigation into the alleged misconduct by federal judge Mark Fuller.
 
Fuller is a judge on the United States District Court for the Middle District of Alabama. He was arrested in August 2014 on a state criminal charge involving allegations of spousal abuse.
 
"The judge's alleged actions raise serious questions, and, if true, will significantly undermine his ability to serve in his current capacity," Grassley said.
 
Federal law requires certain procedures to be followed when an investigation of a federal judge is initiated. The Judicial Improvements Act requires a special committee appointed by the chief judge of the circuit court to produce a comprehensive written report complete with recommendations for appropriate action.
 
The text of Grassley's letter is below. A signed copy of the letter is here.
 
 
April 8, 2015
 
 
The Honorable Ed Carnes The Honorable Gerald Tjoflat
Chief Judge U.S. Circuit Judge
United States Court of Appeals, United States Court of Appeals,
Eleventh Circuit Eleventh Circuit
56 Forsyth Street, N.W. 56 Forsyth Street, N.W.
Atlanta, Georgia 30303 Atlanta, Georgia 30303
 
Dear Chief Judge Carnes and Judge Tjoflat:
 
I am writing to request an update on the status of the investigation by a special panel of the United States Court of Appeals for the Eleventh Circuit into alleged misconduct by United States District Court Judge Mark E. Fuller of the United States District Court for the Middle District of Alabama.
 
It has come to my attention that a special committee of the Eleventh Circuit, whose members were appointed by the Eleventh Circuit's Acting Chief Judge, has been conducting an investigation into a complaint against Judge Fuller. The filing of this complaint, which reportedly stems from Judge Fuller's arrest last August on a state criminal charge involving allegations of spousal abuse, raises serious questions, and, if true, the allegations may significantly undermine his ability to serve as a judge.
 
Congress has an interest in the expeditious resolution of the investigation, as federal law dictates certain procedures that must be followed when the judiciary launches an investigation of a complaint against a federal judge. Specifically, under the Judicial Improvements Act (28 U.S.C. § 353), after investigating such a complaint, a special committee appointed by the chief judge of a circuit must produce a comprehensive written report, which presents the findings of the investigation and the committee's recommendations for necessary and appropriate action.
 
I request that you provide this Committee with an update on the status of your investigation and the date by which you expect to have issued the comprehensive written report that is required by statute. Thank you in advance for your prompt response.
 
Sincerely,
 
Charles E. Grassley
Chairman
 
Peter L. Sissman
Attorney at Law
2754 S. Ives St..
Arlington, VA 2220

 

xxx

 
 
 
 
 
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