SEPTEMBER 22 2008
1. Here's Proof That Siegelman Was Wrongly Convicted
2. Plot Thickens in Mississippi Senate Race
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1. Here's Proof That Siegelman Was Wrongly
Convicted
by Roger Shuler of Legal Schnauzer
....Citing McCormick v. U.S., 500 U.S. 257 (1991), Siegelman's
attorneys show that federal law requires proof of an explicit quid pro
quo for conviction in a public-corruption case. In short, an explicit
"agreement" or "promise" of favorable action is unlawful, but an
"expectation" of such a result is not.
Fuller's jury instruction did not make that distinction. On page 48 of
the appeal, Siegelman's team states: "The District Court advised
jurors that they could convict Gov. Siegelman upon finding that [he]
intended to alter [his] official actions as a result of the receipt of
campaign contributions or other benefits."
This, however, is not what the law says. The Siegelman team correctly
points out that the instructions did not require an agreement or
promise at all, much less an explicit one. "They allowed for conviction
based on attribution of a state of mind to Gov. Siegelman."
<link to source>
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2. Plot Thickens in Mississippi Senate Race
by Roger Shuler of Legal Schnauzer
....An indictment against Musgrove, which could come between now
and the November 4 election, probably would secure a victory for
Wicker. It also would raise questions about a number of criminal
investigations by the Bush DOJ that appear to be politically time and
motivated.
Most prominent among those cases is the prosecution of former
Alabama Governor Don Siegelman.
<link to source>
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