Wednesday, December 29, 2010

Obama's Support for Michael Vick Reveals Shallow Thinking

Michael Vick

President Barack Obama recently praised the Philadelphia Eagles football team for signing quarterback Michael Vick after his release from prison on federal convictions related to a dog-fighting operation.

Obama's words about the challenges faced by former prisoners are thoughtful. But when taken in conjunction with his actions and inactions as president, they reveal a thought process that seems wildly off kilter.

On one hand, Obama says he is concerned that former prisoners "never get a fair second chance." On the other hand, Obama has shown that he is not the least bit concerned about the plight of those who have been wrongfully imprisoned because of Bush-era political prosecutions. Thanks to his "look forward, not backwards" approach to the apparent crimes of Bush-administration officials, Obama essentially is telling victims of wrongful prosecutions, "Tough, get over it."

We have a president who, correctly, is concerned about the rights of prisoners who have paid their debt to society. But the same president does not seem to care about the rights of people who never should have been in prison in the first place.

As a resident of Alabama, "Ground Zero" for Bush-era shenanigans, I know this is not just a theoretical exercise. I know of at least four people who unquestionably are wrongfully imprisoned, in America, at this moment. I'm talking about Richard Scrushy, codefendant in the prosecution of former Alabama Governor Don Siegelman, and three defendants (Paul Minor, Wes Teel, and John Whitfield) in the Paul Minor prosecution next door in Mississippi.

If Siegelman himself returns to prison, after his appeals are exhausted, that will make five known political prisoners based on bogus federal prosecutions brought in just two states.

I know of at least two other individuals who almost certainly qualify as political prisoners. I'm talking about former Alabama Representative Sue Schmitz and former Jefferson County Commissioner Gary White. I include the "almost certainly" qualifier for them only because I have not studied the facts and the law in their cases to the extent that I have on the Siegelman and Minor prosecutions.

Aside from the facts in the Schmitz and White cases, there is almost no doubt that their prosecutions were driven by political considerations that are impermissible under the law. That alone means their convictions are unlawful, and they should not be in prison.

An eighth person from my neck of the woods, Huntsville defense contractor Alex Latifi, almost certainly would be a political prisoner right now. But he had the good fortune to have his case assigned to a competent federal judge, Clinton appointee Inge Johnson, and she kicked the bogus charges against him out of court before trial.

Political prosecutions no longer can be associated only with the Bush administration. As I write this, 11 individuals in my state are under indictment in connection with a federal investigation of actions surrounding gambling-related bills in the Alabama Legislature. The charges appear to be driven by outgoing GOP governor Bob Riley and his anti-gambling crusade, and they were brought under the direction of U.S. Attorney Leura Canary, a Riley ally and Bush appointee who inexplicably has remained in office under Obama.

Why would Riley be pushing such a federal probe? It's probably because he has received millions of dollars worth of support, laundered through GOP felon Jack Abramoff, from Mississippi Choctaw gaming  interests. Riley appears to be protecting his benefactors' market share against possible competition from a neighboring state.

At some point in 2011, we could have 11 more political prisoners here in the Deep South--on Obama's watch. And the president is concerned about Michael Vick?

I voted for Obama largely because I considered him a person of intelligence and integrity. I still believe the president holds those attributes. His real problem, I suspect, is a lack of political spine. He simply does not have the guts to go after the Bush criminals.

Is that because the president fears his life, or the lives of his family members, would be in danger if he were to give the go-ahead for a genuine investigation of Bush officials? I would not be surprised.

Is it because the Bush administration, in its waning days, had the FBI conduct surveillance on Obama and his associates, gaining information that could be used to blackmail the incoming president into taking a "look forward, not backwards" stance? I would not be surprised by that either.

We are left with an otherwise intelligent president who comes off looking shallow when he comments on matters of justice. Consider this comment that Obama reportedly made in his telephone conversation with Philadelphia Eages owner Jeffrey Lurie:

"He said, 'So many people who serve time never get a fair second chance,' " said Lurie, who did not indicate when the call occurred. "He said, 'It's never a level playing field for prisoners when they get out of jail.' And he was happy that we did something on such a national stage that showed our faith in giving someone a second chance after such a major downfall.''

Obama wants to ensure a level playing field for former prisoners? That's an admirable goal. But what about a level playing field for innocent people who become ensnared in bogus federal prosecutions? For that matter, what about a level playing field for people who go into federal court on any matter--either criminal or civil? If my personal experience in the civil arena is any indication--and we will be writing numerous posts on that subject in 2011--such a level playing field does not exist.

Obama has to know that it makes no sense to voice concern about the rights of former prisoners while doing nothing about those who are wrongfully imprisoned.

Sadly, the president has allowed himself to be boxed into that indefensible position.


Redeye said...

Legal Schnauzer, I don't know if you are a relgious person or not, but I am and I thank God for you and your courage. May he continue to bless and keep you. Thanks again for all you do and all you hope to do to make Freedom Ring from sea to shining sea. Happy New Year.

legalschnauzer said...


I am a religious person, and I very much appreciate your kind thoughts. My wife and I probably will need all the blessings we can get in the coming year. Battling the entrenched legal interests in Alabama presents numerous minefields--most of whom wear robes and answer to the words "Your Honor."

All the best to you.


Verne said...

One of the 11 bingo defendants has announced that he will plead guilty. And the new governor and AG just announced that they will hold the line on the Riley administration's definition of bingo. Does that square with your opinion that Mississippi is behind Riley's actions?

BigV said...

Mr. Shuler:

I thought you might be interested to know what happened to Mr. Clements from Chicago.

He received 4 years probation for standing up for his property rights. Too bad there wasn't justice for your case or John Sophocleus's in the state of Alabama.

You had first mentioned this story several months ago and I figured I would let you know...

Take care.

legalschnauzer said...


Neither of these events surprises me, and neither one changes my views of what has been driving Riley's actions. Actually, my views aren't really an issue, as far as I'm concerned. It's a matter of public record that Riley received massive support from the MS Choctaws. Even John McCain's committee found that, although McCain tried to soften the blow by excluding e-mail evidence from the record.

legalschnauzer said...

Big V:

Thanks for alerting us to the outcome of this case. Very interesting.

Anonymous said...

I marveled that a U.S. President would telephone an allegedly wrongfully terminated federal employee at her request. Yet, shortly following the suggestion of U.S. Department of Agriculture employee Shirley Sherrod, Obama did just that- telephoned Ms. Sherrod within 24 hours and even encouraged her to return to federal service.
Millions of Americans struggle to make ends meet in terms of basic food and shelter, while the Obamas frequently vacation and host elaborate parties at the White House.
Is he out of touch? Does he simply not care?
Whatever the reason for his action and inaction, it would appear that the Obama Administration will be judged by history as one of missed opportunities.

finebammer said...

"Is that because the president fears his life........"

or maybe nicole's real killer oj never found on the links?????

Lisa said...

mike vick is not normal. he needs a good therapist. white folks love dogs. don't they?

Dallas Roofing HQ said...

I guess it depends on the crime. Giving convicts a second chance is one thing, but giving a vicious ruthless animal torturer and murderer a second chance is quite another. It takes a certain type of person to do that.

MaxShelby said...

Giving Michael Vick another chance to have a dog is like moving a pedophile in next to an elementary school.