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Sunday, June 1, 2008

Inside a Selective Prosecution, Part III

Before we move forward to my communications with Alice Martin, let's look at some of the recent high-minded rhetoric spewing forth from Birmingham's very own U.S. attorney.

Consider this passage from an article about the indictment of state Senator E.B. McClain:

U.S. Attorney Alice Martin announced the indictment this morning, saying the charges prove public corruption "will be aggressively prosecuted" by her office.

"Senator McClain is charged with using his public office for personal profit. He worked the 'pass-through' grant process not to help his community and those in need of GED training, but to line his pockets with over $300,000," Martin said. . . .

"I can already hear the rumble that these charges are politically motivated," she said, referring to McClain's case. "To that refrain let me say definitively -- today's charges are not politically motivated, but the crimes were committed by a politician and his co-conspirator, and we fully intend to show that through a mountain of evidence in a court of law."

Remember that claim: Alice Martin does not run her office in a politically motivated way. Um hmm.

Let's consider this passage from a story about Birmingham attorney Doug Jones and his charges that Martin indeed practices political prosecution:

U.S. Attorney Alice Martin, the Republican appointee who succeeded Jones, said she's not surprised he has stepped up as the main critic of investigations involving Siegelman and others in his party. She said she doubts Jones truly believes there's politics behind her office's work because, if he did, he would have confronted her directly or filed formal complaints.

"That takes more than just a desire to say it in public. It takes having some evidence of it," Martin said. "I would put probably a little more weight on it if it wasn't somebody out there working a public media campaign for his client. I think this is just part of the defense."

Remember that bold assertion: "It takes having some evidence of (political prosecution)." Um hmm.

Let's consider this quote from one of Martin's colleagues, St. Clair County District Attorney Richard Minor, who is serving as acting Alabama attorney general in the two-year college investigation:

"This should send a message, if you steal state money or if you deprive the taxpayers of honest services, you will be prosecuted."

Remember that bold assertion: If you commit honest-services mail fraud in Alabama, you will be prosecuted. And Minor seems to be saying that applies to members of both political parties. Um hmm.

Finally, let's consider an interesting nugget from a Birmingham News article about the Sue Schmitz case. In the fourth paragraph, buried nice and low, the esteemed Brett Blackledge tells us the following:

Prosecutors added details to their case against Schmitz after U.S. Chief Magistrate Paul Greene said the defense should know more about the allegations against her.

Let's chew on that for a moment. I don't know about Judge Greene's political affiliation, but considering that we've had Republican presidents for 20 of the past 28 years, I think it's safe to assume he's a GOP appointee. And even this apparent GOP appointee seems to be telling Alice Martin's Gang That Couldn't Shoot Straight, "You know, gang, it would be nice if you at least told Ms. Schmitz and her defense exactly what actions she took that constitute a federal crime. Kind of hard to defend yourself against allegations that are as sloppy as the ones you've presented here."

And get this! Prosecutors claim that part of Schmitz' criminal mindset is shown by the fact that she sought the help of influential people in getting a job. Sweet Jehovah, I guess about 98 percent of the American workforce is heading for federal prison, including yours truly. Gosh, who knew that seeking the help of influential persons in finding a job is a federal crime?

I thought those were called references.

In the end, will we learn that Sue Schmitz and E.B. McClain are crooks? It's possible. But my guess is that these prosecutions are an elaborate diversion. They are intended to hide the fact that the real crook is the woman who runs the U.S. attorney's office for the Northern District of Alabama. Goes by the name of Alice.

We at Legal Schnauzer are about to show you, in an up close and personal way, just what Alice Martin is all about.

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