There are far too many examples of the Bush White House politicizing the justice system in this country, and using federal prosecutors as partisan tools to help Republicans win elections. The case of former Alabama Gov. Don Siegelman (D) is easily among the most offensive.
Fortunately, Siegelman (and the rule of law) got some very encouraging news yesterday afternoon.
Donald Siegelman, former governor of Alabama, was ordered released from prison on Thursday by a federal appeals court, pending his appeal of a bribery conviction that Democrats say resulted from a politically driven prosecution.
In its order, the United States Court of Appeals for the 11th Circuit, in Atlanta, said Mr. Siegelman had raised “substantial questions” in his appeal of the case and could be released on bond from the federal prison in Oakdale, La., where he has served nine months of a seven-year sentence. The order did not say what those questions were, but his lawyers have argued for months that the bribery charge on which he was mainly convicted revolved around a transaction that differed little, if at all, from a standard political contribution.
Mr. Siegelman’s lawyers maintained that — as is standard in many white-collar crime cases — the veteran Democratic politician never should have been imprisoned in the first place while he appealed his conviction.
Of course he shouldn’t have been imprisoned; the charges against him have always been a bad joke.
As Markos recently explained, the Siegelman controversy is “exactly what the US attorney scandal has always been about — the Bush Administration appropriating the lever of our justice system for partisan purposes, a dramatic violation of public trust in a system we expect to be above such things.”
If you’re just joining us, or need a refresher, I’d encourage folks to check out the amazing report “60 Minutes” ran on this case a month ago.
A few other angles to consider in light of Siegelman’s release:
* Just yesterday, the House Judiciary Committee asked the Justice Department to free Siegelman temporarily so that he could testify in a hearing about his case. Though now released, it’s not clear if Siegelman will be able to travel to DC to give testimony.
* Siegelman is out from behind bars, but the court has not yet thrown out the charges or ruled on the merits. It’s certainly encouraging, though, that the court agreed with the basis of the appeal, rejecting the Justice Department’s argument. He may be vindicated yet.
* Even if he is vindicated, he’ll never be able to get back those nine months of his life, when he was improperly incarcerated by a Bush administration intent on punishing Democrats for being Democrats.
* Siegelman hasn’t been able to give media interviews about his dilemma while behind bars. That’s about to change, hopefully raising the profile of this scandal.