Guest Blogged by Rebecca M. Abrahams

Two weeks ago Washington Post reported that U.S. District Judge Emmet G. Sullivan named federal prosecutor Henry Schuelke to investigate whether gross prosecutorial misconduct tainted the government's case against now-former Republican Senator Ted Stevens of Alaska. At issue, whether prosecutors withheld critical evidence from the defense or whether the case was improperly handled under pressure to meet deadlines.

US Attorney General Eric Holder, in a stunning move, threw out the government's corruption case against Stevens last April and issued the following statement:

Holder also relocated attorneys who worked on the case including William H. Welch II, who ran the Department's public integrity unit.

WaPo failed to report that William Welch is currently under criminal contempt of court for his role in the case against Stevens. Welch was also involved in the prosecution of former Alabama Governor Don Siegelman. Siegelman was convicted of bribery in 2006 and served nine months in prison before his release was ordered pending appeal.

Despite Welch's pending legal issues, his name continues to be listed on recent filings in Siegelman's case. Siegelman finds this "quite curious as he's been hot after my prosecution for a good long time now."

Aside from alleged governmental misconduct in the Siegelman case, there are paramount legal issues that have been recognized by 91 former State Attorneys General and a group of First Amendment law professors across the country. And yet, while the DOJ is making a point to review Republican cases, not one case against a Democrat has been completely overturned and, as Siegelman told me in a recent interview, he believes very little has changed at the department, other than the names "at the top"...

Guest blogged by Emily Levy of VelvetRevolution.us
[UPDATED by Brad Friedman, 12/12/09, 12:02pm PT]

The federal bribery convictions of Paul Minor, an influential Democratic donor and attorney from Mississippi, and several others have been overturned by the Fifth Circuit of Appeals. Critics of the Bush Administration's Dept. of Justice have long charged that Minor's prosecution, along with those of many other powerful Democrats, such as former Alabama Gov. Don Siegelman, were politically motivated and directly manipulated by Bush political operative Karl Rove.

Earlier this year, Velvet Revolution's RestoreJusticeAtJustice.com campaign called on the Obama Administration's Dept. of Justice to review all such prosecutions by their predecessors, and to vacate any that are found to have been politically motivated. [Disclosure: The BRAD BLOG is a co-founder of VR]

The Jackson Free Press has the details on the court's finding overturning the "bribery" counts of Minor and a number of former judges found guilty in the same trial, after improper instructions were found to have been given to the jury by trial Judge Henry Wingate who also sat on Minor's motion to be released during the appeal, even as his wife was dying from terminal cancer...

[Update 7/24/09: I interviewed Seigelman on Thursday about these matters and the latest status of his case, while Guest Hosting The Mike Malloy Show. Listen to the interview right here. Select Hour 2 audio archive.]

How it's even possible that former Alabama Governor Don Siegelman's bribery case and conviction has not long ago been dropped by the Dept. of Justice is beyond us. There is now so much evidence of clear conflicts of interest, overt partisan political prosecutorial targeting, failures to recuse by at least one conflicted prosecutor as well as the judge in the case, evidence withheld from the defense team, and now evidence of the coaching and strong-arming of witnesses in exchange for a lighter prison sentence and a promise to conceal embarrassing personal information, it all makes the prosecutorial misconduct in the case of former Alaska Senator Ted Stevens --- a Republican whose case was dropped by Obama's Justice Dept. shortly after they came to power --- look like jaywalking.

Official declarations filed along with a recent motion by Siegelman, requesting a new trial in light of the new evidence, reveal what seems just the tip of the iceberg of a flagrant and wholly inappropriate case of wide-spread prosecutorial misconduct. The allegations (with much evidence to back them up) paint a compelling picture of an illegally targeted political prosecution/witch-hunt carried out by Karl Rove and his Alabama-based Dept. of Justice cronies in an attempt to remove Alabama's most popular Democrat from the political grid all together.

The scheme worked, as Siegelman is currently fighting his conviction on appeal and --- now armed with new evidence gathered by the defense team of fellow defendant Richard Scrushy, the man alleged to have "bribed" Siegelman --- is calling for a completely new trial. The government is to answer Siegelman's motion next week, and the decision will be made by the same federal U.S. District Court judge, Mark E. Fuller, reported to have severe conflicts of interest in the entire case, including a specific "grudge" against Siegelman.

The new declarations, believed to be posted here publicly in full for the very first time ( PDF links follow below), reveal a startling case of inappropriate misconduct by federal investigators, as Siegelman's former aide Nick Bailey, the government's star witness against him, is revealed to have been "coached and cajoled and threatened," as Siegelman's late June motion for a new trial describes it, throughout some 70 interviews and phone calls. Bailey, the documents describe, was said to have been frightened for his life and facing a possible years-long sentence in federal prison, if he failed to testify precisely as investigators had required him to.

The investigators went so far as to require Bailey to write down his testimony after he had failed, time and again, to offer the same answers to prosecutors' questions during undisclosed interviews. Yet, evidence of that coaching was allegedly concealed from the defense, according to the new documents and testimony, in violation of federal law, and in what appears to directly parallel the precise reasons for the dismissal of the Stevens case in Alaska.

Siegelman tells The BRAD BLOG that after the years-long prosecution, this is the first time the information has come to light about coached witnesses, and undisclosed documentation of government interviews.

Star witness Bailey, who testified that he saw Siegelman in receipt of a $250,000 check alleged to have been a "bribe" from Scrushy --- a check that was actually dated several days later than the day Bailey testified he saw it in the hands of the Governor --- is said to have been so unable to remember the specific details prosecutors wanted him to testify to, that he was given written questions and instructions to write down his answers to practice for the actual trial. He was, according to the new documents, told quite specifically how to answer questions.

The hand-written notes from Bailey's attempts to memorize his testimony to the satisfaction of prosecutors is said, in the new affidavits, one from Baily himself, to have included a page in which he responded to the government's specific instructions by hand-writing "bullshit," in response, on one of the undisclosed pages.

A complete notebook of those hand-written documents and other records of interviews with Bailey was apparently never given to the defense teams in either the Siegelman case or in Scrushy's, who also filed a motion for a new trail in late June...

[Update: Be sure to read Lori Minnite's explanation in comments of what seems to have happened here. Details at bottom of article.]

Unless I'm missing something here (please let me know if I am!) it doesn't appear that the DoJ "dropped" charges against the RNC's alleged 2002 NH election "phone-jammer," James Tobin, as is currently being described in news accounts, and via several emails I've received alerting me to the story.

From my read of AP's coverage, and several others, it looks like the DoJ lost their original New Hampshire case, and then recently saw the appeal of a refiled case, with a different focus (lying to federal investigators) in Maine, "dismissed" by the U.S. Circuit Court of Appeals in Boston.

Losing, and/or being dismissed, seems a far cry from the feds having "dropped" the case, as AP's headline, run at NY Times and elsewhere described it ("Feds Drop Phone-Jamming Case Against GOP Organizer"). TPM's Zachary Roth also seems to have picked up the AP/Times "dropped" meme to headline his version of the story as: "Feds Drop New Hampshire Phone-Jamming Case".

The full AP version of the story uses "drop" or "dropped" three times in the headline, the sub-headline, and in the first graf...

Speaking of VR's DisbarTortureLawyers.com campaign, unleashed earlier this week, with quite a bit of fanfare in the corporate media (see our coverage here), VR's previous, and still on-going campaign, launched several weeks earlier, RestoreJusticeAtJustice.com (as originally discussed on The BRAD BLOG here) made the latest cover of Bush's one-time "hometown" newspaper, Crawford's Lonestar Iconoclast.

Yours truly is liberally quoted throughout Nathan Diebenow's fine coverage which is posted in full right here...

[Full Disclosure: The BRAD BLOG is co-founder of VelvetRevolution.us]

For those who have wondered (particularly when looking at the incredible miscarriages of prosecutorial injustices and improprieties in cases like Gov. Siegelman's), no, Obama has yet to replace Bush's partisan U.S. Attorneys, incredibly enough. But he will, says AG Holder, according to Politico...

Gosh. Take your time, kids. Although, in fairness (where any may be due here), the following bears keeping in mind...

Incredibly, the Bush-appointed prosecutors in the Siegelman case (who are, inexplicably, still on the job!) have now requested an even longer sentence for the former Democratic Gov. of Alabama who was railroaded as part of a Rove-led political prosecution.

RAW STORY offers the amazing details on the twenty-year sentence now being sought by the federal prosecutors to replace the seven years he was originally screwed with. The entire prosecution needs to be entirely thrown out, just as the case against Republican Sen. Ted Stevens was.

And where is AG Eric Holder in all of this? I'd sure as hell love to know, as I asked in my April 13th letter to him on behalf of VR's Restore Justice at Justice campaign requesting an investigation of all illegal, Bush-era political prosecutions. (If you haven't yet, please sign on to that letter, to add your voice!)
My brief interview with Siegelman at last Summer's Democratic National Convention in Denver (originally posted here), is re-posted at left, wherein he warned, if action wasn't taken "Karl Rove is simply going to get in his get-away car and thumb his nose at the Constitution, the Congress and the American People."

VROOOM....

What follows below is a letter I sent to AG Eric Holder last week, on behalf of VelvetRevolution.us (of which The BRAD BLOG is a co-founder), calling for his immediate investigation of all political prosecutions at the DoJ during the Bush era, including those of former Alabama Gov. Don Siegelman and Mississippi attorney/Democratic fundraiser Paul Minor. On the heels of the DoJ's dismissal of charges against Republican Sen. Ted Stevens, the DoJ needs to similarly vacate charges against anyone who was specifically targeted, for political reasons, by the Bush Admin's perversion of justice at the DoJ.

There are now well over 700 organizations and individuals, such as Robert F. Kennedy Jr., Ray McGovern and Scott Horton currently signed on to the letter, and you are invited to do so yourself via the campaign's main page at RestoreJusticeAtJustice.com. More details are over there. We hope you'll both sign on, and help spread the word.

Here is the letter to Holder, sent last week just before Minor's wife passed away, and prior to the release of the Bush regime's appalling torture memos which we will, no doubt, be dealing with in a future campaign...

Just in from Conyers' office. Rove and Miers will testify, under oath [see explanation in update below], in "transcribed depositions under penalty of perjury"...

Wednesday, March 04, 2009

House Judiciary Committee Secures Rove and Miers Testimony in U.S. Attorney Firings

In an agreement reached today between the former Bush Administration and Congressman John Conyers, Jr. (D-Mich.), Chairman of the House Judiciary Committee, Karl Rove and former White House Counsel Harriet Miers will testify before the House Judiciary Committee in transcribed depositions under penalty of perjury. The Committee has also reserved the right to have public testimony from Rove and Miers. It was agreed that invocations of official privileges would be significantly limited.

In addition, if the Committee uncovers information necessitating his testimony, the Committee will also have the right to depose William Kelley, a former White House lawyer who played a role in the U.S. Attorney firings.

The Committee will also receive Bush White House documents relevant to this inquiry. Under the agreement, the landmark ruling by Judge John Bates rejecting key Bush White House claims of executive immunity and privilege will be preserved. If the agreement is breached, the Committee can resume the litigation.

Chairman Conyers issued the following statement:

"I have long said that I would see this matter through to the end and am encouraged that we have finally broken through the Bush Administration's claims of absolute immunity. This is a victory for the separation of powers and congressional oversight. It is also a vindication of the search for truth. I am determined to have it known whether U.S. Attorneys in the Department of Justice were fired for political reasons, and if so, by whom."

UPDATE 3/5/09: A U.S. House Judiciary source tells The BRAD BLOG that no oath will be given, and none is necessary, as lying to Congress is already a federal crime. Details now posted here...

UPDATE 3/6/09: The complete agreement with Rove and Miers is now posted here...

U.S. House Judiciary Chairman John Conyers (D-MI) has subpoenaed Karl Rove today, yet again (the third time, for those keeping score at home), to give sworn, public testimony before the committee on February 23rd concerning the politicization of the U.S. Dept. of Justice during the Bush Administration.

Today's subpoena was sent to Rove's attorney Robert D. Luskin. It's accompanied by a brief, two-page letter [PDF] in which the Congressman politely refuses a request by the attorney to delay Rove's appearance, yet again. The previous subpoena required Rove's appearance on Feb. 2nd, but was delayed at his request and rescheduled for the 23rd at that time.

Following the previous subpoena, Rove told Fox "News" that he would refuse to testify, and committee member Rep. Jerrold Nadler (D-NY) responded on MSNBC by saying that he would either testify, or go to jail.

At the end of today's letter, refusing Luskin's request for further delay, Conyers, rather amusingly, notes:

RAW STORY's John Byrne reports that request for comment from Luskin was responded to with an auto-reply email stating that Luskin would "be out of the office and unable to check emails or voicemails until February 23, 2009."

UPDATE 2/14/09: "White House counsel Gregory Craig issued a statement late Friday encouraging former Deputy White House Chief of Staff Karl Rove to cut a deal with Congress, an indication the new administration has begun to put pressure on President George W. Bush's former chief adviser." More details...

UPDATE 2/16/09: "Representatives of the Bush White House are no longer advising former White House Deputy Chief of Staff Karl Rove that he is protected by executive privilege as regards testimony about the alleged political prosecution of an Alabama governor.

"In an exchange with Raw Story, Rove’s Washington, D.C. attorney, Robert Luskin, also said Rove won’t invoke his Fifth Amendment right to protect himself from self-incrimination, if and when he testifies about the firing of nine US Attorneys and the prosecution of the former governor." More details...

Guest blogged by Jon Ponder, Pensito Review.

Video: Sen. Charles Schumer (D-N.Y.) gets nowhere as he attempts to grill Attorney General Michael Mukasey on the investigation into Karl Rove's influence in the federal prosecution of former Alabama Gov. Don Siegelman.

Update (from Brad): Wow. Remarkable exchange. Made either more or less astounding by the reminder that it was Schumer himself who, with Diane Feinstein, sealed the confirmation of Mukasey. Regretting that one yet, Senator?

(P.S. Good catch, Jon! Don't let me stop you from posting an update that includes the answer to Sheldon Whitehouse's question at the end there! )

Got it! See below --- Jon

Guest Blogged by Steve Heller of VelvetRevolution.us

The torment and imprisonment of former Alabama governor Don Siegelman, allegedly via the hands of Karl Rove and his political hitmen operatives, has been extensively covered by The BRAD BLOG.

Over the weekend, Velvet Revolution.us (co-founded by The BRAD BLOG) sat down with him for an exclusive video-taped interview in Alabama. The entire interview will be posted soon, but we have posted two excerpts on YouTube. Both are embedded below.

Siegelman wants you to let Congress know that Rove must face the consequences of his actions. So do we.

Rove has been subpoenaed to testify before Congress tomorrow, July 10th, regarding the politicization of the Justice Department. The House Judiciary Committee wants to question Rove about his knowledge of the persecution prosecution of former Alabama Democratic Gov. Don Siegelman and the U.S. Attorney firing scandal.

But Rove's attorney, Robert Luskin, has informed the Judiciary Committee that Rove will not attend the hearing.

Luskin has offered to make Rove available to the committee behind closed doors and not under oath. Luskin also insists that there be no transcript of the questioning and that Rove would not respond to written questions from the panel.

The Judiciary Committee has rejected that so-called "compromise."

We join Siegelman's request, as stated in his interview, in asking you to please contact the House Judiciary Committee and your House Representative to politely but firmly insist that they hold Karl Rove in contempt of Congress.

You can call the House Judiciary Committee at 202-225-3951 and you can email them via this page.

You can call your House Rep. at 202-224-3121. More contact info for your specific Representative can be found here.
As Siegelman notes about Rove during the VR interview, in the first posted excerpt (seen at right)...

In the second excerpt (video at right, below), Siegelman goes on to point out that only Congress currently holds the power to reveal the truth about what went on in this sordid affair...

Is the photo at left beginning to seem less and less absurd?

Looks like we're headed for an interesting game of chicken next month in the House Judiciary Committee surrounding Rove's subpoena to appear before it to answer questions in the Don Siegelman affair (and perhaps others) on July 10. RAW has the story worth putting on your radar, with no less than two House Judiciary members hinting that they may be willing to take extra steps (e.g., use of "inherent contempt" to have Rove arrested by the House Sergeant at Arms if need be) should he refuse to testify.

If Rove refuses to appear, says Rep. Wasserman-Schultz, "then we have to take the next step." And Rep. Sanchez notes, "We really need to set our foot down and show there are consequences to people who laugh in the face of Congressional subpoenas."

Tea leaves sure, but interesting ones, worth watching. The point is also made that the Committee may continue with this particular investigation, even as a new President takes office. Would be a whole different ballgame under those conditions. Presuming that new President isn't McCain, in any case. Hmmm...

Guest Blogged by Alan Breslauer

Last Thursday Keith Olbermann began an excellent conversation with George Washington University law professor Jonathan Turley on the Karl Rove subpoena matter by stating, "Joe Wilson's dream of watching Karl Rove frog marched out of the White House in handcuffs is long since gone. But a new dream has been born tonight. What about a Turdblossom perp walk out of the front door of Fix News."

Later that night The BRAD BLOG asked Ambassador Joe Wilson to comment on Olbermann's statement and the Karl Rove subpoena.

As seen in the video at right, the freshly shorn former Ambassador responds to the news and our question at a small gathering where he was speaking in Los Angeles. He said he was unsure whether or not Congress will be able to "get to" Rove, though he was certainly behind the effort.

"Whether they will actually be able to get to Karl I don't know," Wilson told us. "But it's great to keep the pressure on him. It forces him back on defense." He then added: "It's amazing to me the extent to which these guys have operated with absolute impunity, absolute disregard for American law and American jurisprudence."

Following below is the entire 40 minutes or so of Wilson's talk to the small gathering last week in Los Angeles, covering all aspects of his ordeal with the Bush administration...

Just sent to The BRAD BLOG by John Conyers' office...

For Immediate Release: May 22, 2008

Conyers Subpoenas Karl Rove

(Washington, DC)-Today, House Judiciary Committee Chairman John Conyers, Jr. (D-MI), issued a subpoena to former White House Deputy Chief of Staff Karl Rove for testimony about the politicization of the Department of Justice (DOJ), including former Alabama Governor Don Siegelman's case. Yesterday, Rove's attorney, Robert Luskin, sent a letter to the Committee expressing that Rove would not agree to testify voluntarily, per the Committee's previous requests.

"It is unfortunate that Mr. Rove has failed to cooperate with our requests," Conyers said.

"Although he does not seem the least bit hesitant to discuss these very issues weekly on cable television and in the print news media, Mr. Rove and his attorney have apparently concluded that a public hearing room would not be appropriate. Unfortunately, I have no choice today but to compel his testimony on these very important matters."

Separately, Chairman Conyers recently received a letter from DOJ's Office of Professional Responibility (OPR) indicating that the office has opened an investigation into allegations of selective prosecution of Siegelman and others.

Included below and attached are the relevant documents:

• Full text of the cover letter sent to Robert Luskin, Karl Rove's attorney (attached and below); [Download here]
• Full text of the subpoena (attached); [Download here]
• Full text of the letter received yesterday from Luskin, declining to provide voluntary testimony (attached); [Download here]
• Letter from OPR regarding new investigation into selective prosecution allegations (attached). [Download here]