DELAY ACQUITTED, SIEGELMAN STILL IN PRISON

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[This article cross-published by Salon…]

Ironically enough, I had the opportunity to speak for a few minutes with former Alabama Gov. Don Siegelman in federal prison over the weekend. Siegelman, a Democrat, has so far served nearly two years for a “crime” that had never before been considered a crime before he was found guilty of it. He is likely to serve many more years in prison for the charges brought by Republicans, including a federal prosecutor whose husband was the Chief of Staff of Siegelman’s gubernatorial rival Bob Riley, a team of folks, including the judge, who are all good friends of Karl Rove and who are said to have “coached, cajoled and threatened” the star witness in the case.

Today, in the meantime, Tom DeLay, the former Republican leader of the U.S. House of Representatives, who was convicted of money-laundering hundreds of thousands of corporate dollars in Texas to give them to candidates — something which has been an actual crime for decades in the state — was acquitted of all charges by a 2 to 1 decision of a Texas appeals court.

DeLay never served a day in prison. Siegelman, on the day he was convicted, before the appeals process could even begin, was literally shackled and carted away. The basis for Siegelman’s conviction has subsequently been challenged in a letter signed by a group of 113 bi-partisan former state attorneys general.

For the record, when I spoke with Siegelman from his federal penitentiary in Oakdale, Louisiana over the weekend, he seemed to be in incredibly good spirits. At least that’s the impression he offered during our very short chat. I can only imagine how dispiriting it must be today, however, for him to read the news about DeLay.

Once again, it seems, IOKIYAR.

* * *

• My interview with Siegelman and his daughter Dana, from just over one year ago, after he had finally been released on appeal after serving nine months, and just one week prior to being ordered back to prison, can be heard right here.

• More on the continuing effort to “Free Don Siegelman” here.

• The TX appellate court’s 22-page majority opinion is here [PDF] in the DeLay case. The 8-page dissenting opinion is here [PDF].

* * *

UPDATE 9/21/13: DeLay is not entirely out of the woods yet. Here’s a more detailed explanation of the court’s decision in which the two partisan-elected Republican judges reversed the conviction, while the lone Democrat (the Chief Justice of the Third Court of Appeals in Texas) dissented. As I explain in that follow-up, the Travis County D.A. has now vowed to seek a review of the lower court’s ruling at the Texas Court of Criminal Appeals, though she may run into partisan concerns at that higher court as well.

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DELAY ACQUITTED, SIEGELMAN STILL IN PRISON

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10 Responses

  1. 2)
    Newman said on 9/19/2013 @ 11:21am PT: [Permalink]

    I remember back when Bush was President an appointing federal judges it was said that those appointments would be felt for years to come. I think this is a classic example of this. Laws should be the same for everyone, but they are not. The scales of justice are broken.

  2. 3)
    Marta Steele said on 9/19/2013 @ 12:03pm PT: [Permalink]

    If it can happen to the governor, it can happen to any of us and recent police shootings of innocent people seem to bear this out. I’m at a loss for words beyond this. Incredulous. This is our country, isn’t it?

  3. Avatar photo
    5)
    Ernest A. Canning said on 9/19/2013 @ 5:26pm PT: [Permalink]

    Technically, DeLay was not “acquitted.” By a 2-1 decision, an intermediate state appellate court overturned his conviction, contending that there was insufficient evidence to support the conviction.

    Texas could appeal that decision to the Texas Supreme Court essentially presenting the same arguments made by Judge Priest in his dissenting opinion.

    It is unclear whether it will.

  4. 7)
    Newman said on 9/20/2013 @ 3:00pm PT: [Permalink]

    Jesse Jackson Jr went to prison for excepting bribes, which case he should have. Now we will wait to see what happens to a Republican gov. that has taken bribes.

  5. 8)
    Dredd said on 9/21/2013 @ 4:11am PT: [Permalink]

    The prosecutor in the case indicated that definitely an appeal would take place:

    But the decision doesn’t mean DeLay has emerged from his legal troubles.  Prosecutors in Austin quickly announced plans to appeal.

    “We strongly agree that Tom DeLay is guilty,” said Rosemary Lehmberg, the Travis County District Attorney. “There was a lot of work done by jurors. They sat in the box for three weeks and heard the evidence. This is far from over. We’re going to petition the Texas Court of Criminal Appeals to review this opinion.

    (KHOU).

  6. 9)
    Irwin Mainway said on 9/21/2013 @ 6:59am PT: [Permalink]

    @Newman: No he didn’t. He was targeted for just spending his campaign money on himself is all.

    He is heading to jail in November for that while Scott Walker uses public employees to run his Governor’s race 25 feet from his Milwaukee County Exec. office annd then denies any knowledge, and is not charged.

  7. 10)
    Irwin Mainway said on 9/21/2013 @ 7:50am PT: [Permalink]

    Petition by Dana Siegelman:

    PETITION OBAMA

    Guess who reviews the official request for Executive Clemency – a DOJ BUSHRAT of course, then Obama may see it. The same rats demanded TWENTY years at the resentencing for a ‘crime’ with zero evidence Don profited even one dollar.

    Good summary here of the gory details:
    Why is Don Siegelman

    Don had another visitor – Gregory B. Craig.
    Don appealing conviction

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