Harpers’ Scott Horton sets the stage nicely for a Republican scandal that we’ll be hearing quite a bit more about.
“I’ve never seen anything quite like this,” remarked a nationally known print journalist in a conversation three weeks ago. “Everything I’ve been told by the convicted defendants checks out as the gospel truth. And everything I’m told by federal prosecutors who pushed the case turns out either to be an outrageous lie or at least a very serious distortion. And the local journalists who wrote the most about the case all behave like they’re accessories after the fact in a criminal investigation.”
Welcome to the Siegelman case.
Welcome, indeed. Ever since former Alabama Gov. Don Siegelman (D) was indicted (and convicted) on corruption charges, Dems familiar with his case have been screaming that the charges were politically motivated. This week, Time magazine explains why they were right.
On May 8, 2002, Clayton Lamar (Lanny) Young Jr., a lobbyist and landfill developer described by acquaintances as a hard-drinking “good ole boy,” was in an expansive mood. In the downtown offices of the U.S. Attorney in Montgomery, Ala., Young settled into his chair, personal lawyer at his side, and proceeded to tell a group of seasoned prosecutors and investigators that he had paid tens of thousands of dollars in apparently illegal campaign contributions to some of the biggest names in Alabama Republican politics. According to Young, among the recipients of his largesse were the state’s former attorney general Jeff Sessions, now a U.S. Senator, and William Pryor Jr., Sessions’ successor as attorney general and now a federal judge.
Young, whose detailed statements are described in documents obtained by TIME, became a key witness in a major case in Alabama that brought down a high-profile politician and landed him in federal prison with an 88-month sentence. As it happened, however, that official was the top Democrat named by Young in a series of interviews, and none of the Republicans whose campaigns he fingered were investigated in the case, let alone prosecuted.
What a remarkable coincidence. Or in this case, not.
As Markos explained, “This 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.”
In this case, there was ample evidence from Young that Pryor and Sessions received illegal contributions, but the U.S. Attorney’s office discounted evidence against Republicans.
This evidence was heard by lawyers from U.S. Attorney Canary’s office, representatives of Alabama’s Republican attorney general and an attorney from the Justice Department’s public-integrity unit in Washington. But in an unusual exercise of prosecutorial discretion, nearly all the payments and donations went uninvestigated. And when Siegelman’s defense team, which had obtained Young’s statements amid tens of thousands of documents provided in discovery, raised his accusations briefly in court, a judge quickly ruled them irrelevant.
Legal experts say prosecutors enjoy wide latitude in deciding whom to charge in criminal cases. But according to Laurie Levenson, a former assistant U.S. Attorney and a prominent expert in legal ethics at Loyola Law School in Los Angeles, there are limits. “Certainly prosecutors would face a professional obligation to check out or verify the allegations in this case,” she says. “Not doing so would represent a potential abuse of prosecutorial discretion.” The key, she adds, is whether prosecutors chose not to pursue evidence of criminal activity by Republicans because of political bias or a conflict of interest. Sometimes prosecutors have a more benign motive; they may simply verify that allegations are untrue or be unclear on how to categorize the offense or the relevant statute of limitations. Certainly in Young’s statements about Sessions and Pryor, he did not allege a quid pro quo for his money laundering of their campaigns. And whatever the involvement of their campaigns, Sessions and Pryor both assert they were completely unaware of his confessed chicanery. But the U.S. Attorney’s office chose to prosecute Siegelman in no small measure on the basis of Young’s word and chose not to investigate Sessions and Pryor — or their campaigns — on the basis of that same word.
Several people involved in the Siegelman case who spoke to TIME say prosecutors were so focused on going after Siegelman that they showed almost no interest in tracking down what Young said about apparently illegal contributions to Sessions, Pryor, other well-known figures in the Alabama G.O.P. and even a few of the state’s Democrats. “It just didn’t seem like that was ever going to happen,” said an individual present during key parts of the investigation. “Sessions and Pryor were on the home team.”
That description is not just a metaphor: several of the lawyers involved in the Siegelman investigation were from Pryor’s office and had worked for Sessions as well when he held the post. In such circumstances, say experts on legal ethics, it is nearly always incumbent on investigators to inform a third party and recuse themselves from further questioning to avoid a conflict of interest. In this instance, it appears the investigators chose not to recuse themselves but to simply ignore the allegations. (emphasis added)
This story isn’t done — and Sessions is up for re-election next year. Stay tuned.