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DOJ PIN Head Steps Into More Malfeasance Poo

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Central to the prosecutorial misconduct directly resulting in the criminal charges against former Alaska Senator Ted Stevens being dismissed was Brenda Morris, the Principal Deputy Chief of the DOJ Public Integrity Section (PIN). The misconduct was so egregious, and the Office of Professional Responsibility (OPR) so infirm, the trial judge, Emmet Sullivan, appointed a special court investigator to handle a criminal contempt probe.

Has the DOJ itself taken any action in light of the heinous conduct? No, of course not, they never do at the Roach Motel that is the OPR. Instead, the DOJ banished Morris to the Atlanta USA office apparently still as some kind of functioning authority in the Public Integrity (PIN) section. The DOJ is nothing if not consistent, whether under Bush or Obama.

Morris has promptly inserted herself into another high charged political mess, and done so with questionable ethics and curious basis for involvement. From Joe Palazzolo at Main Justice:

Brenda Morris, a veteran trial lawyer in the Criminal Division’s Public Integrity Section, was among a group of federal law enforcement officials who met with Alabama legislators on April 1 to inform them of the probe, which is related to a proposed amendment to the state constitution that would legalize electronic bingo.

The investigation has inflamed tensions between state Democrats and Republican-appointed U.S. Attorney Leura Canary, who prosecuted former Gov. Don Siegelman (D) and whose husband has close ties to Republican Gov. Bob Riley, who strongly opposes the amendment. Canary’s office and the Public Integrity Section are jointly investigating bingo proponents’ quest for votes in support of the amendment, which the Senate passed on March 30.

The state House of Representatives has yet to vote. Alabama Democrats sent a letter to the Lanny Breuer, the head of the Justice Department’s Criminal Division, charging that the “unprecedented” disclosure of the investigation was meant to have a “chilling effect” on state legislators who otherwise might have voted for the amendment.

Here, from the Alabama Press Register, are a few quotes from local Alabama legal experts familiar with the facts and history:

Doug Jones, a former U.S. attorney now in private practice in Birmingham, called the private meeting a “virtually unprecedented” break from standard FBI procedures.

“I can’t think of a legitimate law enforcement purpose to do something like this,” said Jones, who represents members of the Alabama Democratic Caucus.

“I have never, in all my years of practicing law, heard of an event like what happened (on Thursday)” said Mobile County District Attorney John Tyson Jr. “It was stunning to me.”

Former U.S. Attorney William Kimbrough of Mobile said he’d seen nothing like it in a legal career that spans nearly five decades.

So what in the world was Brenda Morris doing smack dab in the middle of such a contentious political mess and how could the Obama/Holder DOJ think it appropriate? The answer is hard to fathom. Morris was supposed to have been tasked to the Atlanta US Attorney’s office as a litigation attorney while she is being investigated by the court for criminal contempt from her last case. You really have to wonder who is running the asylum at DOJ Main to think that there could ever be positive optics from Morris being involved in anything politically contentious.

You also have to wonder how exactly it is the Obama Administration has seen fit to leave Leura Canary, the Karl Rove acolyte who persecuted Don Siegelman, in office as the US Attorney for the Middle District of Alabama. Local blogs are not amused; from Legal Schnauzer:

According to press reports, representatives from the Office of the U.S. Attorney for the Middle District of Alabama played a key role in Thursday’s meeting. Bush appointee Leura Canary, who oversaw the prosecution of former Democratic governor and Bob Riley opponent Don Siegelman, remains in the charge of that office. Alabama’s two Republican U.S. Senators, Richard Shelby and Jeff Sessions, have scuttled various Obama nominees for the position, and the White House, so far, has chosen not to fight for the two candidates (Michel Nicrosi and Joseph Van Heest) favored by Democrats.

Canary’s lingering presence in office almost certainly is driving the bingo investigation. Angela Tobon, an FBI special agent in Mobile, Alabama, told The Birmingham News that the Public Integrity Section (PIN) of the Justice Department is leading the inquiry. Tobon refused to elaborate when contacted by a reporter from the Montgomery Advertiser.
….
Does that mean Leura Canary was able to take advantage of a leaderless organization, contacting “loyal Bushies” still embedded in the Justice Department to help get PIN involved in a bogus Alabama operation?

It sure looks that way.

I honestly do not know enough to make the call on the underlying electronic bingo investigation, but the locals sure look to be raising a lot of very good questions about how it is being used to manipulate the local political landscape. Irrespective of the merits of the underlying investigation, leaving tainted authorities, of questionable ethics, like Leura Canary and Brenda Morris to be the face of this unusual and politically charged matter is simply inexcusable.

Most Convictions Against Siegelman Upheld

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Three Republican-appointed judges have upheld most of the convictions of Governor Don Siegelman–while throwing out two counts of Mail Fraud.

The opinion starts by invoking the controversy surrounding the case–then nods to deference to the jury in retaining the convictions.

This is an extraordinary case. It involves allegations of corruption at the highest levels of Alabama state government. Its resolution has strained the
resources of both Alabama and the federal government.

But it has arrived in this court with the “sword and buckler” of a jury verdict. The yeoman’s work of our judicial system is done by a single judge and a jury. Twelve ordinary citizens of Alabama are asked to sit through long days of often tedious and obscure testimony and pour over countless documents to decide what happened, and, having done so, to apply to these facts the law as the judge has explained it to them. And they do. Often at great personal sacrifice. Though the popular culture sometimes asserts otherwise, the virtue of our jury system is that it most often gets it right. This is the great achievement of our system of justice. The jury’s verdict commands the respect of this court, and that verdict must be sustained if there is substantial evidence to support it. Glasser v. United
States, 315 U.S. 60, 80 (1942).

Furthermore, to the extent that the jury’s verdict rests upon their evaluations of the credibility of individual witnesses, and the reasonable inferences to be
drawn from that testimony, we owe deference to those decisions.

It’s the jurors, fault, you see, even though several issues mentioned in the appeal pertain to problems with the jury. 

You can read through the rest and see what you make of the Courts issue by issue treatment of Siegelman’s appeal. But note, in particular, the centrality of Nick Bailey’s testimony in the Court’s decision to uphold most of the convictions. 

That’s important because–as 60 Minutes reported on its piece on Siegelman–there are allegations Prosecutors coached Bailey’s testimony and then did not turn over notes from that coaching to Siegelman’s defense team to use to impeach Bailey. Here’s Scott Horton explaining what happened (and Mukasey’s non-denial denial of the problem).

Back on February 24, CBS News’s Sixty Minutes aired a story on the prosecution of the Siegelman case that contained two bombshells. CBS interviewed Nick Bailey, the former Siegelman aide whose testimony literally sent Siegelman to prison. Read more →

Dana Jill Simpson and Greg Craig

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I’m not entirely sure what to make of this (written by Dana Jill Simpson’s lawyer to White House Counsel Greg Craig)–besides that this is what you get when you hire an uber-insider like Greg Craig to be your White House Counsel. And that if we can tie Richard Shelby to the Siegelman mess (remember, Jeff Sessions is already in deep), then I’d be okay with that.

I represent Dana Jill Simpson, an attorney in Rainsville, Alabama, who testified before Congress in September 2007, regarding Karl Rove’s involvement in the U.S. Justice Department prosecution of Gov. Don Siegelman.

She is very concerned that you have violated the Rules of Professional Conduct 1.6 , 1.7 and 1.10, while citing 1.9 to decline representation. She is equally concerned about the person or persons to whom you have divulged her confidential information. Your recent efforts on the part of negotiating a settlement between Congress and Karl Rove have been noted, as well as your efforts to delay matters before the D.C. Court of Appeals, regarding Rove and other Bush administration officers claiming executive privilege.

For this reason, she is asking that you step down from your position as White House Counsel, at least in all matters dealing with the Bush administration. Further, she is asking that you furnish her with a list of each and every person with whom you have communicated regarding this matter; that is, Miss Simpson’s affidavit, testimony, knowledge, research and any other matters touching or information furnished by Miss Simpson. In recapping the events linking you and
Miss Simpson:

1.) Upon information and belief, Gov. Don Siegelman or his agent made the direct call to you at your law firm, Williams & Connolly, soliciting your pro bono representation of Ms. Simpson, with regard to her affidavit about Karl Rove’s involvement in Siegelman’s prosecution.

2.) According to Ms. Simpson, you called her up to four times on or about March 16-17, 2007, and you faxed her your resume.

3.) She initially asked, “Before we really start this, do you have any contacts with George Bush, Karl Rove, Don Siegelman or Bob Riley?”

4.) You indicated you did not and said, “Tell me who this is about.”

5.) Your initial conversation with Ms. Simpson lasted about 10 to 15 minutes.

Read more →

The HJC Agreement with Rove and Miers

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Here’s the written agreement between HJC and the Bush Administration for Rove and Miers’ testimony. Some highlights:

The House Judiciary Committee (the “Committee”) will interview Karl Rove and Harriet Miers, but there will be no additional interviewees / witnesses (subject to the one exception [possibly William Kelley, who has reportedly been subpoenaed in the probe on this]). 

On this, I wonder whether there isn’t someone else in the White House who was the real fulcrum of the effort? Rove’s denials have always been couched to say he didn’t talk to DOJ, but leaving open the possibility that someone else did (at least on these issues). I wonder if they’ve included this requirement to protect that person?

The scope of the interviews will be limited to: (1) facts relating to the evaluation of, decision to dismiss, or decision to replace the former U.S. Attorneys in question; the alleged decisions to retain certain U.S. Attorneys; and any allegations of selective prosecution related thereto; and (2) testimony or representations made by Department of Justice officials to Congress on the U.S. Attorneys matter. For the period beginning on March 9, 2007 (the date of the Committee’s first written demand for information from the White House), interviews will not include the content of conversations involving: (i) Mr. Rove and members of the White House Counsel’s office; or (ii) Ms. Miers and members of the White House Counsel’s office. In the case of Mr. Rove, the interview also will include facts relating to the prosecution of Alabama governor Don Siegelman.

I’ve asked whether bullet (1) includes the alleged attempt to fire Pat Fitz–will let you know if I hear.

As to the rest–they’ve clearly carved out the White House Counsel Office, presumably to protect Attorney-Client privilege. Bill Clinton and his blow job, of course, enjoyed no such privilege.

As to official privileges, counsel will direct witnesses not to respond to questions only when questions relate to communications to or from the President or when questions are outside the scope of questioning set forth above.

Regarding the David Iglesias firing, of course, there are allegations that Bush intervened directly to give the order to fire him. Read more →

No Wonder the Siegelman Prosecutor Didn’t Want an Investigation of the Juror Emails

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One of the key grounds for appeal in the Don Siegelman case is that there was evidence of juror misconduct–two jurors plotting how to get a conviction–that the prosecution had the US postal inspectors investigate even while insisting any investigation would taint the jury process.

At issue is a series of e-mails that arose in 2006 suggesting that two jurors had outside influence as they decided Siegelman’s bribery conviction. After he was found guilty, Siegelman sought a new trial over the e-mails, printed copies of which had been mailed to defense attorneys.

U.S. District Judge Mark Fuller denied the motion for a new trial, ruling that the allegations were unsubstantiated. Siegelman has cited the issue as a central point in his ongoing appeal.

Two weeks ago, the head of the Justice Department’s appellate division, Patty Merkamp Stemler, informed Siegelman’s attorneys that the department had discovered undisclosed information about the controversy as attorneys prepared for the appeal. In a July 8 letter, Stemler wrote that while Siegelman’s mistrial proceedings were pending, acting U.S. Attorney Louis Franklin asked U.S. postal inspectors to try to determine who sent the e-mails through the mail.

U.S. Marshals later informed Fuller that the inspectors had concluded the e-mails were fakes. They determined, for example, that one e-mail didn’t match up with the corresponding juror’s e-mail account.

But the information produced for prosecutors and given to the judge was never passed along to Siegelman’s attorneys for cross-examination. [my emphasis]

A letter John Conyers just sent to Michael Mukasey reveals that the prosecution team allegedly knew that one of these jurors was sending flirty messages to the prosecution team during the trial. In other words, when the prosecution team fought any investigation into improper juror conduct, they had reason to believe that there had been improper contact between jurors and the prosecution team.

Those are contacts, of course, that would remain hidden in any investigation the US postal inspectors would do.

The Whistleblower

Conyers explains that Tamarah Grimes, a member of the Siegelman prosecution team, turned over emails reflecting a conversation about juror contacts with the prosecution team.

This email chain is dated June 15, 2006–the day the Siegelman/Scrushy case was submitted to the jury for its decision. The key email in the chain was written by Ms. Patricia Watson, 

Read more →

They’ve Compartmentalized Mukasey from the Corruption

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I know, I know, a lot of you want me to talk about Rove in Ohio. But I’ve been distracted with something else so I haven’t had a chance to assess it yet, and anyway, I’ve been pondering this assessment from Scott Horton:

The ultimate problem here is that Mukasey is not paying attention to the matter. Instead he is relying on political flaks at the Justice Department to prepare answers on his behalf, trodding down the same path that destroyed the careers of Alberto Gonzales and Paul McNulty. He has allowed himself to be roped into a series of incorrect statements about specific aspects of the Siegelman investigation. Michael Mukasey needs to recognize that he has brought his tenure at the Justice Department to the edge of a precipice.

Horton is talking, specifically, about the Siegelman investigation in general, but I suspect Horton is right on the money, and not just as it pertains to Siegelman (heck! maybe it pertains to the Ohio allegation as well…).

To support that argument, I point to two exchanges in Mukasey’s testimony before the House Judiciary the other day which suggest he’s not being informed of key issues that Congress regards as critical. First, there was his admission that he only recently realized–presumably between his testimony before the Senate Judiciary Committee, when he refused to guarantee that Congress would learn the results, and that before HJC, when he said Congress would "absolutely" learn the results–that Congress itself requested the OPR investigation of the Siegelman affair.

Davis: Can we see OPR report?

MM: Absolutely. Congress was the complainant. Complainant always informed. If finding of misconduct, then you’ll get the report.

It is inconceivable to me that Mukasey didn’t go into the SJC hearing expecting a question about the Siegelman affair, if for no other reason than all the chatter pertaining to his Siegelman-related subpoena from HJC at the time. But no one thought to inform the Attorney General two key facts: that Congress had requeted the investigation and that, therefore, Congress would be guaranteed to learn of its results. Now, to some degree, this was just bad staff work on the part of DOJ, a failure to prepare for an obvious question. But the effect was to put Mukasey into an antagonistic relationship with Congress, defending something (hiding the results of the OPR investigation) that put the AG into an unnecessarily confrontational position.

Read more →

When Did the US Postal Inspectors Replace Our Courts?

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Yesterday, Artur Davis revealed yet another example of potential misconduct in the Don Siegelman case. He revealed that, at the same time as Judge Fuller was refusing Siegelman’s lawyers’ motions for an investigation into emails that may have proved juror misconduct, the government–the postal inspectors!–were conducting a secret investigation into the emails.

At issue is a series of e-mails that arose in 2006 suggesting that two jurors had outside influence as they decided Siegelman’s bribery conviction. After he was found guilty, Siegelman sought a new trial over the e-mails, printed copies of which had been mailed to defense attorneys.

U.S. District Judge Mark Fuller denied the motion for a new trial, ruling that the allegations were unsubstantiated. Siegelman has cited the issue as a central point in his ongoing appeal.

Two weeks ago, the head of the Justice Department’s appellate division, Patty Merkamp Stemler, informed Siegelman’s attorneys that the department had discovered undisclosed information about the controversy as attorneys prepared for the appeal. In a July 8 letter, Stemler wrote that while Siegelman’s mistrial proceedings were pending, acting U.S. Attorney Louis Franklin asked U.S. postal inspectors to try to determine who sent the e-mails through the mail.

U.S. Marshals later informed Fuller that the inspectors had concluded the e-mails were fakes. They determined, for example, that one e-mail didn’t match up with the corresponding juror’s e-mail account.

But the information produced for prosecutors and given to the judge was never passed along to Siegelman’s attorneys for cross-examination. [my emphasis]

Here’s how Governor Siegelman explained the whole issue today:

The emails were mailed anonymously to defense lawyers and members of the media. They were allegedly between two jurors — including the jury foreman. The conversations in the emails were dated during the TRIAL and not deliberation. They discussed how to get others to go for conviction. One in particular said "Gov is up shit creek." Another said "all politicians r scum." Another said "37 coming along. Keep working on 20." – referring to juror numbers. This is just a sampling.

We filed a motion and asked that the emails be investigated. The prosecution objected and the judge overruled us. We filed an additional motion asking that the servers be preserved in case the appellate court wanted to go back later and investigate. The prosecution objected to that also and the Judge overruled us again.

Read more →

Rove All-But Confirms He DID Talk to Non-DOJ People About Siegelman

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In a classic non-denial denial, Karl Rove makes it clear that he did talk to people about Siegelman’s prosecution–even while he denies that he spoke to anyone in DOJ about it.

As I posted three minutes before TPM posted these "exclusively" (huh), Rove has submitted answers to questions that Lamar Smith decided to ask him about Siegelman, in lieu of actually showing up before Congress and answering questions that someone without an interest in covering up Republican politicized prosecutions might ask.

We can talk about these documents in more detail in comments (and I’ll post a timeline in a follow-up post). But here’s the most important part of the question and answers. Smith repeatedly asks Rove whether or not he ever communicated with:

Department of Justice officials, State of Alabama officials, or any other individual about the investigation, indictment, potential prosecution, prosecution, conviction, or sentencing of Governor Siegelman

And repeatedly, Rove answers that he has never directly or indirectly communicated with:

Justice Department or Alabama officials [] about the investigation, indictment, potential prosecution, prosecution, conviction, or sentencing of Governor Siegelman

Rove would not make the same denials about talking to "any other individuals" he did about DOJ and Alabama officials.

Now to be fair to old Turdblossom, Rove does add this caveat, repeatedly:

nor have I asked any other individual to communicate about these matters on my behalf

But that’s not the same thing as answering whether he spoke to anyone about it all.

So, even with Rove’s careful parsing, even having gotten questions tailor made to allow Rove to squirm out of answering real questions on this matter, he basically refuses to deny that he communicated about Siegelman’s prosecution with other people. Rove doesn’t even deny he spoke to Bill Canary or Rob Riley (Rob is the son of the governor, and therefore not an Alabama official) about it, which is one of the central implications of all the allegations out there!

It was a nice trick, Lamar Smith, to try to pretend that Rove had answered real, antagonistic questions about his involvement in the Siegelman affair. But I think all you’ve accomplished is to make it clear that he was, in fact, involved in the plot to prosecute Governor Siegelman.

[As a reminder, Governor Siegelman will chat with us tomorrow at 12ET/9PT, so we’ll get the opportunity to ask him what he thinks of this wild parsing.]

How Could It POSSIBLY Be Part of Karl Rove’s “Official Duties” to Hijack DOJ?

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The biggest two regrets I have about Netroots Nation is that I arrived too late to meet either Governor Siegelman or Richard Clarke.

But I did manage to get the folks at Brave New Films to pose the question I’ve been asking for over a week to Governor Siegelman: How can Fred Fielding claim that the actions about which the House Judiciary Committee subpoenaed Karl Rove to testify were related to his "official duties"?

Governor Siegelman is just as mystified by the question as I am:

How could it possibly be part of Karl Rove’s offical duties to hijack the Department of Justice and use it as a political tool to prosecute those people whom they don’t like or people whom they think are political opponents?

Karl Rove was involved in the allocation of resoures to the Department of Justice and there is a question, certainly a question is raised as to his conduct and the people that he put into place over at the Department of Justice and whether they were programmed to abuse power for political reasons.

Update: Title fixed per skdadl. 

The Significance of the “Official Duties” Claim

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Here’s how Dana Jill Simpson describes Karl Rove’s involvement in the Siegelman prosecution.

What I understood, or what I believed Mr. Canary to be saying, was that he had had this ongoing conversation with Karl Rove about Don Siegelman, and that Don Siegelman was a thorn to them and basically he was going to — he had been talking with Rove. Rove had been talking with the Justice Department, and they were pursuing Don Siegelman as a result of Rove talking to the Justice Department at the request of Bill Canary.

[snip]

[After the prosecution launched by Alice Martin was dismissed in 2004] Bill Canary and Bob Riley had had a conversation with Karl Rove again and that they had this time gone over and seen whoever was the head of the department of — he called it PIS, which I don’t think that is the correct acronym, but that’s what he called it. And I had to say what is that and he said that is the Public Integrity Section.

[snip]

Q About what?

A About Don Siegelman and the mess that Alice Martin had made and it was my understanding in that conversation after that conversation that there was a decision made that they would bring a new case against Don Siegelman and they would bring it in the Middle District,

[snip]

Q Okay. And did Rob give you the name of the person at — I’m just going to call it Public Integrity — that he thought he understood Karl Rove had spoken to?

A No, he said it was the head guy there and he said that that guy had agreed to allocate whatever resources, so evidently the guy had the power to allocate resources, you know.

Q To the Siegelman prosecution?

A Yes. And that he’d allocate all resources necessary.

So, in sworn testimony, Simpson claims that, sometime before November 2002, Karl Rove had spoken to DOJ and–"as a result of Rove talking to" DOJ, they were pursuing an investigation of Don Siegelman. And then, after the first case against Siegelman had been dismissed in 2004, Rove again spoke with DOJ–with the Public Integrity Division specifically, probably Noel Hillman from the description–and got reassurances that PIN would "allocate all resources necessary" to a second Siegelman prosecution. Read more →