Friday, August 22, 2014

News Organization's Call For Judge Mark Fuller's Resignation, Based On Integrity, Comes Way Too Late

Mark Fuller
Alabama's largest news organization has called on U.S. Judge Mark Fuller to resign in the wake of charges that he beat up his wife in an Atlanta hotel room. Fuller should step down, notes, because of his "personal failings," and the site notes he plans to enter a rehab center for treatment. The editorial concludes by stating that Fuller has "compromised his integrity."

That statement assumes Fuller had integrity in the first place while the public record shows he's been lacking in that department for a long time--and has ignored it.

We already see signs that any attempt to prosecute Fuller for misdemeanor battery will be a whitewash. In fact, a report out yesterday, indicates Fuller probably will avoid prosecution altogether. Public calls for the judge to resign are likely to go unheard by the judicial establishment, which appears determined to protect one of its own.

(A personal note: I'm one of numerous journalists or legal experts across the country--Scott Horton, Andrew Kreig, Dana Jill Simpson, Grant Woods, Bennett L. Gershman, and Peter B. Collins are among the others--who have questioned Fuller's integrity on the bench for years. In fact, tape-recorded evidence proves that I was cheated out of my job at a public university, the University of Alabama at Birmingham [UAB], because of my reporting about Fuller's unethical handling of the Don Siegelman/Richard Scrushy criminal case. We now have admitting Fuller lacks integrity, essentially confirming my reporting from six-plus years ago [which was conducted on my own time, away from work, and I was protected as a state employee by the First Amendment.]  I can't help but notice the irony of, which largely championed Fuller's handling of the Siegelman/Scrushy at the time, now admitting the judge lacks integrity. I'm sure the Siegelman and Scrushy families notice the irony, too. We'll have more in a future post about why the Fuller story hits so close to home for me.)

For now, let's look at's editorial as a classic example of how the modern mainstream media fails the public. Fuller's unethical behavior has been evident for years, but reporters and editors at refused to pay attention. (So did U.S. Senators Richard Shelby and Jeff Sessions, who supported Fuller's nomination to the federal bench by George W. Bush.) Here is an excellent overview, published yesterday, of the many signs that Fuller has lacked integrity for years--and not just in his personal life.

Where to begin with evidence of Fuller's unethical acts, which predate his appointment to the federal bench in 2002? Here are just a couple of examples:

* A Missouri attorney named Paul Benton Weeks provided a lengthy and detailed affidavit showing that Fuller, as a district attorney in south Alabama, tried to defraud a state pension fund in order to provide extra cash for a favored employee.

* As a part owner in Colorado-based Doss Aviation, Fuller benefited financially from U.S. government contracts. In any criminal case before him as a judge, the U.S. government is a party. The conflict presented by Doss should be evident to any rational being, but Fuller refused multiple requests in the Siegelman/Scrushy case to recuse himself. Scott Horton, of Harper's, wrote the definitive article on this subject, titled "The Pork Barrel World of Judge Mark Fuller."

As for Fuller's dubious handling of the Siegelman/Scrushy case, here is a sampling of our posts on that subject:

* Fuller allowed the prosecution to get away with writing a vague indictment that hid the fact the alleged unlawful transaction between Scrushy and Siegelman happened almost a full year outside the five-year statute of limitations. When evidence finally proved that the charges could not lawfully go forward, defense lawyers properly asserted the limitations defense, and Fuller denied it. There never should have been a trial because, by law, the charges were outdated and time barred.

* Fuller allowed a runaway jury to get away with all kinds of transgressions, including improper e-mail communications between jurors and communications between a juror and a member of the defense team.

* Fuller gave unlawful jury instructions, failing to instruct the jury on the critical "explicit agreement" framework required by controlling law, a U.S. Supreme Court case styled McCormick v. United States, 500 U.S. 257 (1991).

That last bit of legal "handiwork" meant Siegelman and Scrushy were convicted of a "crime that doesn't exist." Scrushy has served his sentence, but Siegelman remains in a federal prison at Oakdale, Louisiana.

We could go on, but you get the idea: By law, the Siegelman/Scrushy trial should have been over, with all charges dropped, almost before it got started. Instead, thanks to Fuller's unlawful actions, two citizens who were not guilty went to federal prison.

That should terrify all caring citizens. But has just now decided Judge Fuller has a problem with integrity? Perceptive observers knew that at least seven years ago. The big question is this: Did Mark Fuller have any integrity to begin with, even when he started his judicial career?


e.a.f. said...

It might depend upon ones definition of integrity. The word is tossed around so much, one does have to ask, do people actually understand what the word means, i.e. check the dictionary.

Now being some what old fashioned, I would suggest Judge Mark Fuller did not have the integrity required to become a judge, based on the e.g.s given. How he came to be appointed to such a position also requires one to question the integrity of those who appointed Fuller.

it is really about time there was a "review" of how federal judges are appointed, establish a retirement date, and set "integrity standards", i.e. beat your wife--loose job; get convicted of drunk driving-loose your job; get involved in politics--loose your job.

Judges, in my opinion, once appointed to their positions ought to be required to stay away from politics, esp. the federally appointed ones. They don't have to run for election, etc. So it would be best if they appeared to do the work of the justice system, not of any particular party or persons. For people to feel they are being treated fairly federal judges need to not only be impartial but appear impartial. I know, I live in a dream world.

Nice to read your posts again!

Anonymous said... has a history of protecting the Republican elite. Siegelman had to be disposed of to pave the way for Bob Riley so the Republican mafia used the courts and Fuller to do the job.

Anonymous said...

This is the type of reporting that drew me to your blog in the first place. Just the truth, and nothing but the truth. With reporting like this my hope is one day the good people of this world will wake up to the screwing we have been receiving. A fair playing field is all I ask. A field were everyone gets the same treatment is what made the USA the great place it is. We are losing that each day. If we don't soon face up to this, we will become no better than the many other county's we went to war with.

Robby Scott Hill said...


Robby Scott Hill said...

Even 2 Live Crew was released from jail after Florida Governor Martinez & Broward County Sheriff Nick Navarro jailed them in prior restraint of "As Nasty As They Wanna Be." The judge's criticism of Martinez & Navarro inspired 2 Live Crew to record the soundtrack "Fu#k Martinez""

Robby Scott Hill said...

The case of prior restraint against the 2 Live Crew was appealed to the 11th Circuit Court of Appeals. So, it's federal case law in Alabama that the state cannot jail you in prior restraint of publications which have not been found to be legally obscene. It would naturally follow from common sense that one cannot be jailed for a particular publication which has not been adjudicated to be libelous. Roger, you were denied your rights under the Constitution of the United States when you were railroaded & jailed in Shelby County. Why don't you find some guys named Chris Curry & Claude Neilson, get them to sign a release like 2 Live Crew did & record a rap album?