Thursday, September 6, 2007

A Case of Leaking in Alabama

A curious case is brewing in south Alabama. Charlie McNichol, the law enforcement coordinator and spokesman for the U.S. Attorney's Office in Mobile, has been charged with leaking information about a grand jury probe.

The leak case stems from the investigation that led to charges against former Orange Beach, Alabama, mayor Steve Russo and three others. Russo and two other people were found guilty on corruption charges, and a third person plead guilty and became the government's star witness. (Sound familiar?)

Several factors make this story particularly interesting:

* Scott Horton, of Harper's, has written several times about the body of evidence that suggests the U.S. Attorney's Office in Montgomery leaked information related to the prosecution of former Alabama Governor Don Siegelman. McNichol evidently plans to plead guilty, so now we have a confirmed case of leaking in at least one federal prosecutor's office in Alabama. Press reports have not revealed the recipient of McNichol's leaks.

* Orange Beach is in Baldwin County, the site of the controversial vote count that gave Alabama's 2002 governor's race to Republican Bob Riley, over Democrat Siegelman. Interestingly, Baldwin County shares much in common with Shelby County (just south of Birmingham), where my Legal Schnauzer case originated. Both are among the wealthiest, fastest growing, and most Republican counties in Alabama. In fact, I believe they rank 1-2 in all three categories.

* I don't know much about the Russo prosecution. But Alabama blogger Robby Scott Hill, of Novationeering News, seems to have some personal insight into the case. He says Russo might have been targeted in much the same way that Siegelman was. Evidently Russo was a Siegelman supporter in a strongly Republican county.

Getting Ridiculous with Teflon Bob

I've made it pretty clear that I'm not a fan of Alabama Governor Bob Riley or his administration. But there is one thing I like about Teflon Bob & Co. Whenever the governor steps in some doo-doo, his spokesmen never fail to bring chuckles with their responses to the press.

Here are some examples:

* "That's ridiculous. The governor is very proud of the investment that was made in Huntsville." Spokesman Dax Swatek, on the Huntsville biotech deal (Birmingham News, Feb. 1, 2006).

* "It is ridiculous to think that Governor Riley's support of this project was in any way connected to that donation." Spokesman Josh Blades, on the Huntsville biotech deal (Birmingham News, April 27, 2006).

* "The contribution had nothing to do with them getting the $50 million. It's ludicrous." Blades, on the Huntsville biotech deal (Birmingham News, July 29, 2006).

* "Swatek said it would be ridiculous to think that Riley's support of the project was in any way connected to the donation . . . " (Mobile Press-Register, January 26, 2006).

* "The claim in this footnote is simply ludicrous and obviously untrue. The whole campaign was $13.8 million approximately." Spokesman David Ford, on a U.S. Senate report that $13 million of Mississippi Choctaw money went to help Riley's election effort. (Huntsville Times, June 24, 2006).

[Note: This story goes on to say, "Ford declined to comment on the possibility that (former Choctaw chief Phillip) Martin could have spent money supporting Riley while not directly contributing to the campaign." I bet Ford declined to comment; probably became mute. Kudos to reporter Taylor Bright for asking a tough followup question of the Riley crew. Doesn't seem to happen often.]

With all that money that evidently was funneled through Jack Abramoff to the Riley campaign, you would think Teflon Bob could afford to hire a semi-articulate spokesman. I guess not. How ridiculous, almost ludicrous.

Wednesday, September 5, 2007

Grime Slides Right Off of Teflon Bob

Speaking of millions of dollars flowing into Bob Riley's campaign, have you noticed how unflattering stories about Teflon Bob's dealings often seem to have no legs?

I recently came across a June 2006 Huntsville Times story about a U.S. Senate inquiry into the Jack Abramoff scandal. A senate report said that Abramoff had told a tribal official that former Mississippi Choctaw Chief Phillip Martin spent $13 million to help elect Riley. The report said William Worfel, former vice chairman of the Coushatta Tribe of Louisiana, said Abramoff told him in 2005 that Martin had spent the money on Riley's campaign "to get the govenor of Alabama elected to keep gaming out of Alabama so it wouldn't hurt. . . his market in Mississippi."

The report was made by a committee chaired by Sen. John McCain, R-Arizona, which investigated charges that Abramoff and his associate Michael Scanlon, Riley's former spokesman when he was in Congress, defrauded Indian tribes of millions of dollars they gave the two to lobby for them in Washington.

The Times story said Riley spokesman David Ford dismissed Worfel's statement. "The claim in this footnote is simply ludicrous and obviously untrue," Ford said Friday. "The whole campaign was $13.8 million approximately," he said. Ford declined to comment on the possibility that Martin could have spent money supporting Riley while not directly contributing to the campaign.

The report was not clear, the Times said, if Abramoff made the claim because it was true or if he was trying to defraud the Coushatta, who, the report says, looked to the Choctaw efforts as a model to emulate.

I like to think I keep up with the news pretty closely, but I had never seen this story until last week. And a lot of other people must have missed it, too. The story is so obscure that you can't even find a link to it on the Web.

The Inspector and the U.S. Attorneys Scandal

Raise your hand if you can identify the inspector general of the United States.

I certainly couldn't do it until I came across this article from The New York Times. Glenn A. Fine, it turns out, is the inspector general, and he seems to be taking a serious interest in a number of matters involving the Bush Department of Justice (DOJ), including the firing of nine U.S. Attorneys.

In a letter to the Senate Judiciary Committee, Fine stated that he is looking into the actions of Attorney General Alberto Gonzalez and other high DOJ officials in the dismissals of nine U.S. attorneys last year. The issue of selective prosecution by the Bush DOJ has focused in recent months on Alabama, where former Governor Don Siegelman, a Democrat, was convicted on a variety of corruption charges.

Evidence has been mounting that the Siegelman prosecution was politically motivated. And your humble Legal Schnauzer blogger has overwhelming evidence regarding the flip side of the selective-prosecution equation. In my case, multiple Republican judges (and at least one attorney) in Alabama committed federal crimes and seem to be getting away with it because the Bush DOJ looks the other way.

Alice Martin, U.S. attorney for the northern district of Alabama, played a major role in the first attempt to prosecute Siegelman. And in the coming weeks, we will show the affirmative steps Ms. Martin has taken to keep a lid on the wrongdoing in the Legal Schnauzer case. Selective prosecution indeed.

So is Glenn Fine the type of upright public servant who can get to the bottom of the DOJ mess? Well, here is some biographical information. He certainly has an impressive academic background, and it sounds like he can play a mean game of hoops. The guy was drafted by the San Antonio Spurs after graduating from Harvard.

Let's hope he's not another Noel Hillman, a current federal judge and former head of the DOJ's Public Integrity Section. Scott Horton, of Harper's, notes the vital role that Hillman and Michael Chertoff played in pursuing political prosecutions while serving in the DOJ. It was Chertoff, then head of the criminal division, who appointed Hillman, a key political protege, to lead the Public Integrity Section. And it was Hillman who chose to go after Siegelman rather than pursuing connections between disgraced Republican lobbyist Jack Abramoff and current Alabama Governor Bob Riley.

Horton notes that while the Public Integrity Section did go after Abramoff, Michael Scanlon, and other key figures, Hillman managed to control the scandal, keeping it from being much worse for the GOP. Meanwhile, evidence that millions of dollars in Mississippi Choctaw Indian money had been funneled into Riley's campaign went cold.

All of this is of considerable interest here at Legal Schnauzer because Dax Swatek, a Riley aide with ties to Abramoff, is the son of Bill Swatek. It was Bill Swatek, an Alabama attorney with a lengthy history of ethical violations, who filed a bogus lawsuit against me that touched off a string of unlawful rulings by Republican judges.

Is it possible that Glenn Fine will pick up on a trail of corruption that Noel Hillman allowed to grow cold? Is it possible that Glenn Fine will get to the bottom of injustice in Alabama rather than covering it up?

We will be watching.

Tuesday, September 4, 2007

Is Teflon Bob Losing His Grip?

Is the Alabama press finally waking up to the stench that regularly emanates from the Bob Riley administration?

Former Democratic Governor Don Siegelman sits in a federal prison on a corruption conviction, but the Alabama press seems to look the other way when Riley, a Republican, is caught in questionable dealings.

But perhaps that is changing somewhat. Scott Horton, of Harper's, notes that solid reporting by Bob Lowry of The Huntsville Times and Bob Johnson of the Associated Press uncovered the curious handling of a contract for computer services. The $3.7 million contract went to ACS Heritage, which did not present the lowest bid. Also, the CEO of ACS recently stepped down in the wake of an ethics investigation, and the company has less than a year of experience in contracting work.

So what does ACS have to offer? Well, it hired Toby Roth, former chief of staff for Riley. Roth also served as finance director on Harold See's campaign for the Alabama Supreme Court, which was managed by none other than Karl Rove. See's victory was a key step in giving Alabama an overwhelmingly Republican court system, one we will show here at Legal Schnauzer is corrupt from top to bottom.

Is this cronyism of the highest order? Will the Alabama press stay on the story? Should the Justice Department be looking into this kind of quid pro quo? If it isn't, is this another example of selective prosecution--not pursuing a case for political reasons--as practiced by the Bush DOJ?

Deep in the Heart of Texas

Speaking of Republican sleaze, an interesting legal case is brewing in Austin, Texas.

Elizabeth Reyes, a former attorney in the Texas secretary of state's office, has filed a lawsuit against presidential strategist Karl Rove, saying she is the victim of political pressure. The Dallas Morning News article is written by Wayne Slater, who with fellow News reporter James Moore, wrote Bush's Brain and The Architect, two definitive works on Rove.

Reyes says she was dismissed in September 2005 after Rove called her boss, Secretary of State Roger Williams, about her quotes in a newspaper story.

In her suit, Reyes says she was fired "because of political embarrassment and pressure" after she answered a reporter's questions about Rove's voting eligibility in Texas.

The Reyes lawsuit could turn into a companion story to the investigation of the Bush Justice Department over charges of selective prosecution, possibly instigated by Rove.

Interestingly, Reyes' dismissal predates disclosures about the firings of nine U.S. Attorneys, which led to the investigation of the Bush DOJ. It also predates the 2006 election, which saw Democrats reclaim control of both houses of Congress.

Did Rove go after Reyes at a time when he thought he was "untouchable?" Was a similar mindset behind the prosecution of Alabama Governor Don Siegelman, which some evidence suggests could be traced to Rove and his Alabama associate, Bill Canary?

Rove's rise to national prominence was based largely on his activities in Texas and Alabama. Could his fall wind up being traced to those two states?

GOP Sleaze: A Dishonor Roll

Our discussion of Republican sleaze, prompted by Senator Larry Craig's escapades in a Minnesota restroom, would not be complete without giving some idea of just how many GOPers have been naughty boys in recent years.

Several compilations of Republican misdeeds exist on the Web, but perhaps none is as complete as this one. You've got to love the inclusion of serial killer Ted Bundy. What, no Jeffrey Dahmer? With his taste for red meat, he had to be a Republican.

If you look under the "Bs," you will notice one George W. Bush. Wonder how many God-fearing Americans who have voted multiple times for Dubya know that he was accused in a criminal complaint and a lawsuit of raping Margie Schoedinger? Wonder how many folks with a "W" on their SUV know that former stripper Tammy Phillips claims she had a lengthy affair with Bush that ended in 1999.

I keep up with the news pretty closely, and I had never heard of either of these cases. You would think the liberal media would have played these up.

You can read more about the case of Margie Schoedinger here. Her case is particularly troubling because she died of an apparent suicide in 2003. Mode of suicide? Gunshot wound to the head. That is a form of suicide overwhelmingly practiced by males.

Here is a story about the Tammy Phillips story. This sounds similar to the Gennifer Flowers story, which dogged the Bill Clinton campaign. Why did the Tammy Phillips' story have no legs, and whatever became of this woman? Did she, too, meet an untimely end?

Saturday, September 1, 2007

Did Larry Craig Commit a Crime?

Like a lot of left-of-center folks, I must confess to taking a certain delight in a "family values" Republican--Larry Craig--getting arrested for allegedly seeking homosexual sex in a Minnesota restroom.

But if you read the accounts of what took place in the restroom, you have to ask yourself this question: Did Craig actually commit a crime, even though he confessed to it?

Ann Woolner asks that question in an interesting article for Bloomberg News Service. Woolner cites the disorderly conduct law under which Craig was arrested. Had he entered a not-guilty plea and fought it in court, I think he would have stood a very good chance of being acquitted.

Of course, Craig evidently was concerned about protecting his political career, so he chose to plead guilty and hope the news never came out.

I do think Craig is probably gay, and his statements of several years ago about President Clinton show him Craig to be a truly creepy hypocrite. But did Craig actually commit a crime in this instance? I doubt it.

Disorderly conduct is one of those catch-all laws that can be used for a variety of offenses. In Alabama, Crimson Tide football player Simeon Castille recently was arrested for disorderly conduct for being loud and boisterous and blocking traffic outside a Tuscaloosa bar. Just this morning, we receive news that five UAB men's basketball players were arrested for disorderly conduct, evidently for getting into a loud argument at a bar.

I have read articles in local newspapers about people being arrested for solicitation types of offenses and being charged with disorderly conduct. It certainly appears that, had he gone to court, Craig could have shown reasonable doubt about whether he actually committed this crime.

Adding Perspective to the Tearoom Trade

In the wake of the Larry Craig case, the St. Louis Post-Dispatch has produced an excellent article about the "tearoom trade."

After all, St. Louis was the site for Laud Humphreys' groundbreaking study, Tearoom Trade: Impersonal Sex in Public Places. The Post-Dispatch story provides lots of background about the Humphreys' study and its aftermath.

Interestingly, some of the same actions that got Craig in trouble--toe tapping, etc.--are described in Humphreys' study from 40 years ago.

More on the Tearoom Trade

In honor of the announcement this morning that Larry Craig (R-Idaho) will resign from the U.S. Senate, let's continue with our discussion of the "Tearoom Trade," a slang term for seemingly heterosexual men seeking homosexual activity with strangers in public places.

That, of course, is what led to Craig's arrest in a Minneapolis restroom. And as I noted in my previous post, research into the characters and events surrounding the Legal Schnauzer case, caused me to look into the "tearoom" issue further. The defining work on the subject is Laud Humphreys' Tearoom Trade: Impersonal Sex in Public Places, based on research in St. Louis in the 1960s.

It seems the general public is unaware how prevalent this problem is. Perhaps the Craig case will cause social scientists to take another look at the issues Humphreys raised some 40 years ago.

While the Craig case generates some snickering, particularly because he is a "family values" Republican, the "Tearoom Trade" presents a serious issue. If you study the problem to any extent, you realize there are a lot of confused men out there. And there are a lot of marriages and families containing some pretty dark secrets.

Here is some more of what I discovered:

* Craig is hardly the first political figure to have this problem. Perhaps the most famous case came in October 1964 when Walter Jenkins, an aide to President Lyndon Johnson, was arrested on a sex charge after being caught with another man at a YMCA. This was just weeks before Johnson was to run against Barry Goldwater in the 1964 presidential election. Audiotapes released in 1998 showed that Johnson thought Republicans had set up Jenkins by hiring a bartender to lure him into the YMCA after a cocktail party. Jenkins resigned when his arrest was made public. After spending a few days in a Washington hospital, he went home to Texas and never returned to the White House.

* My favorite example of a political figure being caught with a "tearoom" problem has to be Matthew Glavin, former president of the Southeastern Legal Foundation. A staunch right-winger, Glavin spent considerable effort trying to have President Bill Clinton's law license revoked in the wake of the Monica Lewinsky scandal. Turns out that Glavin was arrested not once, but twice, for public indecency. Both incidents came at the Chattahoochee National Recreation Area in Georgia, first in 1996 and again in 2000. In both cases, Glavin was caught masturbating in public. In the second incident, an undercover federal officer reported that Glavin fondled him after he encountered the activist pleasuring himself. Glavin promptly resigned his position with the Southeastern Legal Foundation.

* Alabama has seen several "teamroom" incidents in recent years. The most recent came in July 2006 when 27 people were cited for acts of public indecency and lewdness at Wheeler National Wildlife Refuge near Decatur. That sting, led by the U.S. Fish and Wildlife Service and Alabama conservation officers, resulted in the arrests of a minister and a prominent lawyer, a former president of the Alabama State Bar. In 2004, a sting at two recreation areas near Mobile, snagged more than a dozen men for soliciting sex acts. A former state representative and a former sports editor of the Mobile Press-Register were among those arrested. A brief item about about that case is noted here, about halfway down the page. And finally, a 2002 sweep in Tuscaloosa netted 18 men, arrested for soliciting sex or indecent exposure at Bowers Park and Riverview Boat Landing. Those arrested ranged in age from 31 to 76 and included a minister.

* Want to get an idea of how prevalent this problem is? Once a month go into Google and type "indecent lewd public park restroom," or some combination of those words. You are almost certain to find a recent incident of the "tearoom" type. In fact, I just found one here in Hartford, Connecticut. Here is another about a teacher and church youth leader arrested in Knoxville, Tennessee. Here is another in Albuquerque, New Mexico, which included a Baptist minister and a college instructor. Here is another in Athens, Georgia, and this one involves a woman having public sex with a 15-year-old; also involves a number of men. You get the idea of how widespread this problem. I found these from five minutes of research on the Web.

So Larry Craig might be in deep doo-doo, but he is not alone.