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Thursday, August 30, 2012

Siegelman Is Allowed to Attend Democratic National Convention, Via a Smarmy Federal Court Order

Democratic National Convention

Former Alabama Governor Don Siegelman will be allowed to attend the Democratic National Convention in Charlotte, thanks to a federal-court order that only can be described as smarmy.

Not content to simply grant or deny Siegelman's request via the federal Probation Office, U.S. District Judge Mark Fuller tries to justify his own disgraceful handling of the case--and jury convictions that are at odds with the relevant facts and law.

Siegelman is due to report to federal custody on September 11 after the U.S. Supreme Court refused to hear his appeal. He asked to be allowed to travel to Charlotte from September 3-6; the Democratic National Convention (DNC) will take place in Charlotte on those dates. Fuller granted Siegelman's request, but he could not do it without providing editorial comment, including a mocking reference to Siegelman's stated reasons for the trip.

You can view the full order at the end of this post. The following segment provides a taste of Fuller's arrogant tone:

Don Siegelman has asked the Probation Office if he can travel to Charlotte, North Carolina, from September 3 to September 6, 2012, for a “family vacation.” During this time, he plans to lobby various power brokers for clemency during the Democratic National Convention. The Court takes no position on whether he should receive a pardon. The Court finds that Siegelman is neither a flight risk nor a danger to himself or to society, and thus, the Court approves his request to travel outside the Middle District of Alabama and the Northern District of Alabama for the purpose of attending the Democratic National Convention.

Notice that Fuller puts "family vacation" in quotation marks. Is this guy a smart ass or what? Then we are left with this question: Did Siegelman disclose in his request that he intends to "lobby various power brokers for clemency," or did Fuller simply make that assumption? For that matter, did Siegelman disclose that he is attending the DNC, or did Fuller assume that, too?

Fuller proceeds to show extraordinary sensitivity about this case, that Siegelman (or anyone else, for that matter) would dare question whether it was handled according to law:

While the Court takes no position on Siegelman’s quest for clemency, it must note that Siegelman continues to question the integrity of those prosecuting his case specifically and of the judicial system generally. Moreover, he still maintains that he merely accepted campaign contributions, and that he therefore never violated the law.

Gee, I can't imagine why Siegelman would question the integrity of prosecutors and the judicial system, considering what we know about his case:

* The case was styled U.S. v. Siegelman, and yet the trial judge (Fuller) has made massive amounts of money from contracts with one of the parties--the United States of America--via his stake in a company called Doss Aviation. The "judicial system" denies that presents a conflict;

* Powerful evidence indicates that chief government witness Nick Bailey was improperly coached and threatened--and that exculpatory evidence was withheld from the defense;

* Powerful evidence indicates jurors were unlawfully e-mailing each other during the case and communicating with members of the prosecution team;

* Fuller gave unlawful jury instructions that do not describe the relevant law for the charge of federal funds bribery. One of Fuller's judicial colleagues recently shined light on the problem of jury instructions in such cases;

* Fuller unlawfully denied a defense petition for a bill of particulars that would have provided critical specifics about the charges;

* The prosecution brought the case almost one full year past the statute of limitations, a fact that would have been proven by a bill of particulars. Defense lawyers properly raised the limitations defense, but Fuller denied it--and the U.S. Eleventh Circuit Court of Appeals violated its own precedent by letting the ruling stand.

* Bottom line: The prosecution was barred from the outset by the statute of limitations. Once it reached a conclusion, Siegelman and codefendant Richard Scrushy were convicted of a "crime" that doesn't exist under the actual law. Can't imagine why Siegelman would question the integrity of a system that produced such an outcome.

Fuller might be crooked, but he isn't stupid. He knows this case was a massive con job on Siegelman, Scrushy, the public, and the rule of law. That's why the judge is so squeamish about scrutiny that might come from Siegelman attending the DNC. Fuller goes on to cite what he calls the "uncontroverted facts" of the case and repeats the claim he made at resentencing--that he has "no doubt" the actions in the case constituted a bribe.

While saying that from one side of his mouth, Fuller recites "facts" from the other side of his mouth that never include evidence of an "explicit agreement," a quid pro quo that forms the essence of a federal-funds bribery charge. In Fuller's own words, he has no doubt about the existence of a bribe--but the central element of a bribe is missing. Get a load of this:

While the Court respects the Siegelman’s ability to exercise his constitutional rights, it cannot accept Siegelman’s misrepresentation of the facts of this case in an effort to discredit the prosecution, the trial, the jurors’ unanimous verdict, as well as the decisions of the Eleventh Circuit and the Supreme Court of the United States. For whatever other reason Siegelman wishes to pursue his application for clemency, the Court feels responsible to state the uncontroverted facts that the jury considered and unanimously agreed constituted the crimes of bribery, honest services fraud, and obstruction of justice.

Fuller seems to assume that if he repeats the "no doubt it constituted a bribe" mantra often enough, thinking citizens will eventually believe him.

I've got news for the judge: It ain't going to happen.


Siegelman DNC Order

17 comments:

Anonymous said...

The serious question, is why Don Siegelman accepts the fraud?

Assange the Whistleblower did not accept the false charges and Don Siegelman can follow that leader, but he does not?

Why and Why not? He receives a pension as Gov., former? What else holds this clear miscarriage of justice in a stronghold here in "Exceptionally Free America?!"

"... The underlying economic and social roots of poverty are actually the expression of centuries of domination of the North over the South ...

"NORTH OVER THE SOUTH CENTURIES OF DOMINATION" ?? Why?? ...

"... Dr. Vandana Shiva, Our Hunger Games .. This chain of events led to dependency on “food aid”, largely distributed by Western NGOs, leading to wider market shares for multinationals.

And yet there is a lot of hidden wealth by the very same people who are calling for the adoption of austerity measures.

A new Tax Justice Network (TJN) USA report reveals an estimated $21 - $32 trillion of hidden and stolen wealth stashed largely tax-free secretly.

Titled "The Price of Offshore Revisited," it explains what financial insiders know but won't discuss. Many of them have their own hidden wealth.

TJN describes a "subterranean" systemic "economic equivalent of an astrophysical black hole." The higher estimate above exceeds US GDP twofold.

It's mind-boggling. It's hard imagining a tiny percent of privileged elites control this much wealth secretly. It's worse knowing it's largely tax free. It's appalling that governments let them get away with it.

(Stephen Lendman, Trillions Stashed in Offshore Tax Havens)

MAYBE WHEN DON IS RELEASED? His time as "Governor" is promised to be forthcoming? Why and Why Not STOP the obvious FULLER FRAUD?

Fuller is also part of the Blob's off shore booty.

Anonymous said...

I do not believe Don Siegelman needs a champion, there is another way for him to not be such a victim OF this system of utter and complete - in his case and millions of homeowners in the US - racketeering in the most foul way, as though "GOOD LAW."

Not following the law is to not be an attorney, IN REALITY therefore, how many are practicing unlawfully in America? We know them by the color to off shore booty and the victims are broke HERE in USofA, while the criminals are very handsomely in the future well slicked in the palms, pockets, and off shore AND now?

Come now, the books written about IT do not lie.

Only Don Siegelman is able to arise to the occasion for his soul to not be another flash in the great "Free" American pan of fire.

How does he protect his family from losing more, privatized agenda(s) by the BLOB is not exactly "KINDNESS - FRIENDLINESS" AND "POLITICAL FAMILY SAFE."

Call Julian Assange, Don, and ask for the most aggressive whistle blowing campaign. Roberta Kelly

Anonymous said...

What the Supreme Court ruled in "Citizens' United," to be above Don Siegelman, and all We The People, as "unconstitutional"

...................................

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Boeing: Kenneth M. Duberstein, Edward M. Liddy, Arthur D. Collins Jr.

Coca-Cola: Muhtar Kent, Barry Diller, Richard M. Daley

Facebook: Erskine B. Bowles, Peter A. Thiel, Marc L. AndreessenGoogle L. John Doerr, Eric E. Schmidt, John L. Hennessy

IBM: James W. Owens, Arthur D. Collins Jr., Patricia F. Russo

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McDonald’s: John W. Rogers Jr., Andrew J. McKenna Sr., Walter E. Massey

Welcome to Muckety, where you can use interactive maps to explore relationships of the rich and powerful.

Most of the people in our database don’t publish profiles of their
various business, nonprofit and political affiliations.

We list top government and political figures, as well as board members of Fortune 1000 companies, major nonprofits and influential colleges.

We show lobbyists, campaign contributions and family
relationships of the famous and influential, along with the infamous and criminally charged.

downloaded a map at Biloxi Marx, the "Blob" only one small image!

e.a.f. said...

I've been following this story & it just amazes me that some one could be charged & convicted in an alledgedly free country with a justice system, on a charge which was beyond the time limits.

I live up in Canada & we have similar rules regarding time limits & they are not disregarded. Any crown attorney (prosecutor) who tried that would find himself out of a job.


If cases don't get before the courts in a timely manner they are dismissed because the accused did not get their right to a speedy trial. What gives in the U.S.A. The more I read your & other bloggs & look at some of the legislation which has passed in the past 10 yrs. or so, leave me wondering how Americans can call themselves the home of the free. Looks more like Putin's, Russia to me.

Anonymous said...

I am beginning to think we are all insane to remain here in this state. Alabama has become a vigilante state compliments of the Judicial System, politicians, and then it trickles down to law enforcement.

I believe the longer one lives here; the crazier we have to become.

I am ashamed to live in a place where the guilty become millionaires and billionaires while the law abiding little people are incarcerated on a daily basis. I have no respect for judges or lawyers in this state. New Zealand sounds better all the time.

Anonymous said...

Roger, sent an Email in answer to Anon who calls Alabama out. It is an epidemic, global US.

jeffrey spruill said...

Fuller's arrogant tone?

I guess he is living off the proceeds of Doss Aviation & CIA-backed drug and gun smuggling.

Anonymous said...

So, anon @ 4:06, are you saying escaping to New Zealand wouldn't help?

Anonymous said...

Actually, my understanding about where we can "escape to," is where the countries have already thrown the "Zionists'" arses out.

There are a number of places AND the countries are extremely welcoming as well as understanding for Americans to get out. In fact the invitations are open and saying Americans should leave in record numbers.

Already are. Many with MONEY left when the first real heist hit, in 2008. Brazil already was collapsed and kicked the evildoers out. Iceland also kicked the fraud to the curb.

Warm weather for the southern lovers of the sun. Where to go. Mexico drug cartels run hand in glove with our CIA, no, not there.

Which state? NONE. The military have set-up in every nook and cranny and partner with CIA, FBI, Homeland Security... DRONES are being allowed via the police, to begin search and ? North or South Dakota already set-up one poor cattle rancher and used a drone.

I believe we begin a petition to get our accounting for the money we're owed and settle in record numbers and mass Exodus.

DO NOT GO TO THE POLLS. DO NOT VOTE, and should we all follow Gandhi, we can sit and do absolutely NOTHING, it'll take about one week for the real crash to awaken the criminals.

I posted a very intense piece on TORTURE and the Reagan-Bush-Clinton-Bush-Obama connection, pictures were found all on line.

I'll do some research and get to you, Roger, places.

Biloxi_Marx_3752 Scribd

Anonymous said...

Since December, 2003, Kat has been writing on his blog about evil practices not only in the judiciary, but also in health care, the pharmaceutical industry, accounting and auditing, banking and finance and journalism. Equipped with a good sense for relevant details, with an incisive pen and a rare intellectual depth, Kat (who is also a competent classical scholar) soon became widely feared by the authorities. Feared and therefore at first systematically ridiculed. But Kat only became more determined as his former colleagues began to ostracize him, no doubt spurred on by jealousy. Each day, Kat’s blog is read by thousands, with readership steadily increasing.

... NOT THE NETHERLANDS! ....

The charges against Kat include seven counts of libel: two by MSM journalists, one by the editor of Dutch state television news, one by a politician, one by a policeman, one by a Chief State Prosecutor, and one by an obscure junior lawyer who has yet to win a case. Kat is also charged with incitement to violence, for having asked the readers of his web site to throw innocuous objects (chunks of beef, candles, letters and posters) at the Queen’s royal carriage during the official opening of the parliamentary year. Oddly enough Micha Kat, a Jew himself, is also charged with violating anti-discrimination laws in the Nederlands. His crime: questioning the official and legally protected version of the Shoah, generally known as ‘Holocaust.’

Dungeons for journalists, Or How to Silence Dissent and Retain a Democratic Posture, By Hans Vogel
Global Research, September 02, 2012

Anonymous said...

YES, NEW ZEALAND, I just had to confirm this. Australia was a yes, but a turn for the worse has been recent, there.

I learned after that terrible shooting at the Amish community, the Amish were leaving. I found the following blog writing, published in 2009, and a bit of a radical site, however, confirms the Amish are in South America which is what I have been following closely after a fashion:

"... I have encountered AMISH who are uncovering the truth and are leaving this continent and going to Central/South America. I have encountered Russian Christians who know the truth and are being led to South America as well. MANY people from many different backgrounds are leaving this nation quietly to forge a new life filled with hope, to escape the coming PLANNED disasters and POLICE STATE/MARTIAL LAW horrors soon to fill this North American continent.

Many of the severe RIGHT wing people are of course leaning to the End Times scenario as "Christians." Undereducated and uneducated, the "TelEvangels" did a number on the ignorant Americans.

My understanding is Netanyahu is a madman. His own brother was A "sacrifice" for the "cause."

The End Times scenario is going to be used for a very bad outcome.

Not a safe place, U.S. The TERROR campaign to scare us into controlled submission is quite a succeeding agenda, especially when the criminal class has taken over all the systems to "simply be."

Amish can be communicated with. They are truly a wonderful "community."

Roberta

Anonymous said...

Karl Marx:

"Workers of the world unite; you have nothing to lose but your chains."

"Capital is money, capital is commodities. By virtue of it being value, it has acquired the occult ability to add value to itself. It brings forth living offspring, or, at the least, lays golden eggs."

"From each according to his abilities, to each according to his needs."

"History repeats itself, first as tragedy, second as farce."

"Anyone who knows anything of history knows that great social changes are impossible without feminine upheaval. Social progress can be measured exactly by the social position of the fair sex, the ugly ones included."

"Capital is dead labor, which, vampire-like, lives only by sucking living labor, and lives the more, the more labor it sucks."

Anonymous said...

voltairenet.org

President Morsi’s visit to China serves as a stunning example of drastic transformations in the international system, both in the Middle East and throughout the world. First, if most Arab states become more democratic, they will adopt a foreign policy that is independent of Washington’s dictates. Second, China’s enormous, no-strings-attached financial resources are increasingly indispensable for nations in economic turmoil. Finally, as the US economy continues to stagnate, traditional US allies will be compelled to look for alternatives sources economic and political support.

For the time being, China can take advantage of these trends to promote a conservative foreign policy focused on economic opportunity, geopolitical stability, and protecting the sovereignty of "rogue states" targeted by Washington. However, as the US government strengthens its military position in Asia, China may adopt a more proactive role to counter US pressure. If Sino-American rivalry escalates into a new cold war, China may find the Middle East awash with oil, and allies. Brendan P. O'Reilly, China-based writer and educator from Seattle. He is author of The Transcendent Harmony.

LAST EVE, 09/02/12, I had dinner with "Manching" who was visiting her brother. Her husband that I've known since Bangkok, Thailand, 1967-68, lives and works as an attorney in California. Manching came to US, 2001, and they drove to Vancouver BC, looking away from CA! Calif. is a "failed state." She arrived here in the US, 2001, from Hong Kong. Most her family is still living in Hong Kong. She worked at: CHINESE INTERNATIONAL BANK, in HK, HER father is an important man in banking, too.

China reclaiming Hong Kong, and the PEOPLE ARE DOING WELL. China is indeed doing what it said, opening the society and MONEY which is the same "computer digits," yes indeed, is freely flowing to the people everywhere the Chinese are entering "the market."

ISRAEL-UK-EU-US, have met the "Waterloo" moment in history. Causing US AUSTERITY, while the "COMMUNIST Chinese" LIBERALLY bring money freely into the market for the people, globally.

Hillary Clinton has been a very busy Secretary of State reopening the bases in Asia, encircling the Chinese, what was already done in the past, so no new news to China here. And China learned the lesson regarding "American partners," thus, "Waterloo," USA, time for the Alexander The Great, Napoleonic, Hitler Nazi, Stalin Gulag, dumass ideologies to RIP.

Our only problem IS the so called "RICH" "Americans" are the COURTS which was a very well planned agenda that we can now witness as an indisputable truth without rose colored glasses.

The courts are terrified of We The People in our own ARAB SPRING, that is "Occupy Wall Street."

http://lawlessamerica.com/images/stories/movie/whistleblower-productions-movie-trip-itinerary.pdf

To check for updates please visit
http://lawlessamerica.com/

or the facbook page

https://www.facebook.com/lawlessamerica

Anonymous said...

btw,

the "art design" for the DNC, could not be more revealing.

A corporate shield, so to speak.

jeffrey spruill said...

Anon@6:40 PM

Are you referring to fractional reserve banking---making money out of thin air/nothing?

Now that's definitely what I would call part of the occult/magic!

Anonymous said...

Jeffrey, NO, "FRACTIONAL RESERVE BANKING" was defunct in or about the 1800s or thereabouts, earlier in that Venice was the first FAILED CAPITALIST STATE, "LETTERS OF CREDIT" WERE ALSO "AUSTERITY" MEASURES BY HOUSE OF ROTHSCHILD, ET AL, same historical story for eons and centuries (I have learned this SINCE I STOPPED "UNDERWRITING LOANS" for what I found from Walker F. Todd, former attorney for the CLEVELAND FED, the sordid truth about money as simply a computer digit.

BUT,

Here is our WATERSHED rather than a WATERLOO point in time:

"... Business Insider, Money Game, Forget Bernanke: A Paper At Jackson Hole May Have Changed The Future Of Economics, Joe Weisenthal | Sep. 2, 2012, 8:56 AM

Read more: http://www.businessinsider.com/michael-woodford-endorses-ngdp-targeting-2012-9#ixzz25Sv3ipot

If you just knew two things about the current state of the US economy — that unemployment was unacceptably high and that inflation was subdued — you'd suggest that the proper course for the Federal Reserve would be to lower interest rates, and make money cheaper.

The problem is: interest rates are at ~0%.

This is the defining monetary puzzle of our time.

Since the crisis hit, the Federal Reserve has attempted to juice the economy through a program that's called Quantitative Easing, which is buying long-dated government bonds and mortgage backed securities It's the same scheme that the Bank of Japan has tried in its long battle against saggy growth and deflation.

The effect has been to balloon the size of the Federal Reserve Balance Sheet, as you can see in this chart, which comes from The Cleveland Fed.

Federal Reserve Balance Sheet from the Cleveland Fed

A CHART, THAT I CANNOT POST, THUS, I AM AT BILOXI MARX, WORKING ON THIS PARTICULAR SUBJECT POINT AT THIS TIME, TO BE FINISHED TODAY OR TOMORROW, BUT HERE IS THE REAL TRUTH ABOUT AMERICA FOR NOW AND THE FUTURE:

"... And now here's where things get interesting...

see next post, too many characters here ...

Anonymous said...

" ... Following Bernanke's speech at Jackson Hole, a paper was delivered at the conference by Michael Woodford, a Columbia economist who is considered to be one of the world's foremost experts on monetary policy and interest rates.

The title of the paper was Accommodation at the Zero Lower Bound and clocking in at 97 pages, it provides an exhaustive overview of which monetary stimulus techniques really work when the Fed's official interest rates have hit ~0%.

Woodford's paper was a rebuke to Bernanke. What it says is that asset purchases have modest, difficult-to-quantify effects, and are not even theoretically robust. Instead, what really works, are verbal commitments by central banks to target a certain economic or financial outcome. Woodford ends up coming out in support of Nominal GDP Level Targeting, one of the buzziest ideas in academic economics, which we'll go explain below.

But this is a major moment, when a top economist at one of the world's foremost monetary policy settings made this case (and in a very thorough manner).

In a note put out on Friday, JPMorgan's Michael Feroli wrote:

What can be gleaned from all of this about the current thinking on monetary policy at the zero lower bound? While some of Woodford's characterizations are idiosyncratic to his own biases, many are probably indicative of where the profession is drifting.

The emphasis on communication is consistent with how the minutes have been characterizing the internal Fed debate; while the market only wants to talk about QE, the Fed seems equally focused on refining their communication tools.

Second, his observation that communication tools are more effective when they conditionally commit policymakers to a certain path of action also appears consistent with where the policy debate is eventually heading.

Third, Woodford's criticism of balance sheet policies are probably more extreme than most researchers, as evidenced by Bernanke's strong defense of the effectiveness of such action, though the profession may be nudging closer to his position. For example, some recent research -- which Woodford cites -- is consistent with the view that much of the QE effect comes from signaling, which presumably is better done directly through communications. Even so, in his earlier talk Bernanke sounded content with conducting asset purchases even if they operated primarily through a signaling channel. Moreover, some recent internal Fed research (Kiley 2012) suggests that lowering the path of short-term rates will do more to stimulate the economy than lowering longer-term interest rate term premium -- which is arguably the path through which QE works.

We'd also point out that Feroli's note is titled: Don't forget the undercards at Jackson Hole — the boxing metaphor is pretty much perfect given that Woodford afford a major rebuke to the big guy.

Bottom line: Ideas that had been buzzy and fringy not long ago are now very close to the center of the profession of monetary policy.

Download the whole Woodford paper here. Makes for some great Labor Day reading.

Read more: http://www.businessinsider.com/michael-woodford-endorses-ngdp-targeting-2012-9#ixzz25SukoTcm