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Don Siegelman Appeal: Court Affirms Conviction On Most Counts

Bad news for former Alabama Governor Don Siegelman. The 11th Circuit Court of Appeals today upheld his conviction on all but two counts in a 68 page opinion, available here (pdf).

The three-judge panel of the 11th Circuit Court of Appeals was unanimous in ruling that there was enough evidence to convict Mr. Siegelman of bribery for having appointed a campaign contributor to a state hospital licensing board, rejecting his arguments that the testimony of a key aide who turned against him was not enough.

The judges threw out two lesser charges against Mr. Siegelman having to do principally with the actions of the businessman he appointed to the hospital board, Richard Scrushy, whose separate conviction was upheld. The judges thus rejected the prosecution’s contention that Mr. Siegelman had participated in a “broader self-dealing scheme.”

Siegelman will be resentenced. More thoughts and reaction below:

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Rove's Lawyer Says He Won't Take the Fifth

Raw Story has an exclusive interview with Robert Luskin, lawyer for Karl Rove, about Rove's cooperation in the House Judiciary Committee's probe into the prosecution of former Alabama Governor Don Siegelman.

Rove will not rely on (1) a White House claim of immunity for senior advisors to the president, (2) executive privilege or (3) his personal privilege against self-incrimination. He will cooperate with the investigation.

Did Rove get immunity in exchange for his cooperation? Luskin won't answer that one.

Asked if he had a comment on Sen. Patrick Leahy’s (D-VT) proposed “truth commission,” in which Bush officials would be offered immunity in exchange for testimony, Luskin said, “No.”

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Goodbye Cerasoli and the Need for Real Public Corruption Investigations

Last week, New Orleans lost its first Inspector General, Robert Cerasoli.

New Orleans is in dire need of government transparency and accountability so Cerasoli's loss is being mourned across the city.

Though the IG's office will continue without Cerasoli, his departure has got me thinking about public corruption, particularly the kinds of public corruption cases brought by the beloved U.S. Attorney down here, Jim Letten. [More...]

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Blago Removed From Office By IL Senate

The vote was 59-0.

NYTimes report.

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Judges Send Kids to Detention In Exchange For Kickbacks

As Randy Newman reminded us long ago, It's Money That Matters. A more contemporary reminder comes from two judges in Luzerne County, Pennsylvania, who took kickbacks from juvenile detention centers in exchange for incarcerating kids, sometimes against the recommendations of their probation officers.

The judges allegedly concealed $2.6 million in payments from one of the owners of the centers and an unnamed person, authorities said. At the same time, the judges also worked to ensure that the facilities reaped millions of dollars in business by sending them a steady number of juveniles.

The judges apparently worked to end funding for an existing detention center after a judge's lawyer-friend cooked up a scheme to build a new detention center (assisted by the judge's contractor-friend) that received guaranteed funding from the court. [more ...]

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Joseph Bruno Indicted on Corruption Charges

Former NY state senate majority leader Joseph Bruno was indicted today on corruption charges.

A defiant Bruno, who is the sole person charged in the 8-count indictment, criticized the U.S. Attorney's office and an ''overzealous'' FBI for conducting what Bruno characterized as a ''politicized'' criminal investigation of his business dealings.

Funny how politicians view the DOJ and FBI as the greatest thing since ice cream until it's their neck on the chopping block.

I wonder what Eliot Spitzer's reaction is. Their feud, involving another version of TrooperGate, was very bitter.

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Blagojevich's Criminal Defense Lawyer Quits

Rod Blagojevich's criminal defense attorney, well-known criminal defense attorney Ed Genson, said today he will withdraw from representing Blagojevich.

"I never require a client to do what I say," said Genson, who was accompanied by fellow Blagojevich lawyer Sheldon Sorosky. "But I do require them to at least listen."

"I wish the governor good luck and Godspeed," he added.

It sounds like Genson has not been kept in the loop, particularly with respect to a threatened civil suit Blago's other attorney, Sam Adams, said would be filed within a few days. [More...]

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Ill. House Panel Recommends Blagojevich Impeachment

A panel of the Illinois House has released its report recommending that Ill. Gov. Rod Blagojevich be impeached. The full report is here.

The report finds "the totality of the evidence" provides cause to impeach the governor.

The panel may vote on whether to approve the report today. If it approves, the full House could vote tomorrow, and then pass it to the Illinois Senate.

The list of exhibits attached to the report, beginning at page 68, is lengthy. Many look quite interesting. They are available here.

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Gov't. Asks Court to Revoke Madoff's Bond

Bernie Madoff is in more hot water. He and his wife mailed packages of jewelry and other personal effects to their sons and a few others last week, in violation of a court order preventing him from transferring assets.

The Government asked the Court to revoke Bernie's bond. The Court has ordered briefs.

Bernie's lawyer also now disputes he is cooperating with the Government. He said that it's the company that is cooperating.

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Blagojevich Indictment Delayed

Patrick Fitzgerald's office filed a motion today seeking a 90 day extension of time to indict Rod Blagojevich. According to the motion (no link presently available):

The government has been conducting a diligent and thorough investigation in this case, but the investigation includes multiple defendants and potential defendants as well as thousands of intercepted phone calls, and additional factors warranting an extension of time (as cited in the government’s Attachment) exist. The government cannot complete its investigation and appropriately conclude the investigation within the time allowed under Section 3161(b) of the Speedy Trial Act as currently extended.

The juicy details in the attachment were filed under seal, keeping them from the curious public to avoid compromising the investigation. [more ...]

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The Scrushy Squeeze

Former Gov. Don Siegelman describes how a common practice of federal prosecutors was used against him:

In an effort to get me, the prosecution went to [co-defendant Richard] Scrushy before they indicted him and said, "Just tell us Siegelman extorted the money; just tell us he twisted your arm." He said, "I can't do that because that's not what happened." They went to him after he was indicted and said, "Okay, we will give you another chance. Tell us Siegelman twisted your arm and tried to extort money." He said, "I can't say that because that's not what happened." During the trial, he was sitting at the defense table, and they came and got him again and gave him a third chance to throw me under the bus by lying for the prosecution and he wouldn't do it. This is not the way the justice system in this country is supposed to work.

Maybe not, but welcome to the real world, where in many respects the criminal justice system doesn't work as it should.

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"Rahm Report" Out This Week

President Elect Barack Obama's report on his staff's contacts with Illinois Gov. Rod Blagojevich will be release this week. A chiron on Meet the Press read there were 22 contacts between Blagojevich and Rahm Emanuel. George Stephanapoulus says there was one conversation. Politico reports there were four conversations.

Sources also confirm that Emanuel made the case for picking Obama confidante Valerie Jarrett during at least one of the conversations. In the course of that conversation, [Blagojevich Chief of Staff John] Harris asked if in return for picking Jarrett, 'all we get is appreciation, right?' 'Right,' Emanuel responded.

Former San Francisco Mayor Willie Brown spoke to Blagojevich after his arrest and writes in the San Francisco Chronicle: [More...]

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