TPM: By Zachary Roth

The Justice Department is denying a subpoena from House Judiciary chair John Conyers for documents relating to the prosecution of former Alabama governor Don Siegelman.

Conyers is investigating whether the 2006 prosecution on corruption charges of Siegelman, a Democrat, was politically motivated.

In a letter sent Friday to Conyers, Principal Deputy Assistant Attorney General Keith Nelson writes that DOJ won’t produce the documents in question, consistent with a department policy of not providing internal prosecution materials to Congress. Nelson makes the contorted argument that even though such documents in fact have been given to Congress in the past, that would not affect the decision on the Siegelman documents, because of supposed uncertainty about the facts of the other cases:

We do not believe that a possible departure from those policies in any given matter, the details of which may not be known or knowable at this point, requires us to set them aside in any other matter.

In response, a Judiciary Committee aide told TPMmuckraker:

Not sure when DOJ starting getting Donald Rumsfeld to write their letters, but I don’t think the Committee’s subpoena can be put off by some Justice Department Uncertainty Principle that refuses to answer Congressional oversight based on the unknowable nature of facts. In the end, this wrangling over oversight precedent misses the important point here - the Department’s reputation is at a low ebb, and they should be working to clear away the clouds over the Siegelman case, not hunkering down and hoping they’ll blow over.

At a 2002 press conference, Rumseld famously told reporters, in regard to whether Saddam Hussein had tried to pass weapons of mass destruction to terrorists:

[A]s we know, there are known knowns; there are things we know we know. We also know there are known unknowns; that is to say we know there are some things we do not know. But there are also unknown unknowns — the ones we don’t know we don’t know. And if one looks throughout the history of our country and other free countries, it is the latter category that tend to be the difficult ones.

Last week, we reported on new documents that have surfaced in the Siegelman case, showing, among other things, that the U.S. Attorney on the case — who had recused herself because her husband is a top GOP operative who had run the gubernatorial campaign of Siegelman’s GOP opponent — continued to advise prosecutors.

In an interview with TPMmuckraker, Siegelman lamented what he called “outrageous criminal conduct” on the part of the US Attorney’s office and main DOJ.

Johh Nichols, The Nation:

The Bush administration employed propaganda techniques, political spin and deception to promote and then justify a war with Iraq that was unwise and unnecessary.

And a “too-deferential” national press corps allowed the president and his aides to get away with it.

Who makes this devastating, if not entirely new, charge?

The man responsible for spinning the story of the Bush presidency, former White House spokesman Scott McClellan.

In a memoir that will be published Monday, What Happened: Inside the Bush White House and Washington’s Culture of Deception, the veteran campaign and White House aide to George W. Bush portrays his former boss and those around him as permanent campaigners who frequently sacrificed the good of the country to achieve dubious political and policy goals.

McClellan is sharply critical of the Bush White House’s handling of definitional domestic policy challenges, particularly Hurricane Katrina and its aftermath.

But nowhere is the former press aide so devastating in his critique of his former boss as on the issue of how the United States was steered into the quagmire that is Iraq.

Bush, he writes, is guilty of a “failure to be open and forthright on Iraq and (of) rushing to war with inadequate planning and preparation for its aftermath.”
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By Adam Nossiter, New York Times

Montgomery, Alabama - Former Governor Don Siegelman of Alabama, released from prison today on bond in a bribery case, said he was as convinced as ever that politics played a leading role in his prosecution.

In a telephone interview shortly after he walked out of a federal prison in Oakdale, La., Mr. Siegelman said there had been “abuse of power” in his case, and repeatedly cited the influence of Karl Rove, the former White House political director.

“His fingerprints are smeared all over the case,” Mr. Siegelman said, a day after a federal appeals court ordered him released on bond and said there were legitimate questions about his case.

Mr. Rove has strenuously denied any involvement in the conviction of the former governor, who was sentenced to serve seven years last June after being convicted in 2006. He could not immediately be reached for comment today.

Mr. Siegelman served nine months while his lawyers appealed a federal judge’s refusal to release him on bond, pending the ex-governor’s appeal of his conviction. That refusal was overturned by the United States Court of Appeals for the 11th Circuit on Thursday.

The former governor, a Democrat, said he would “press” to have Mr. Rove answer questions about his possible involvement in the case before Congress, which has already held a hearing on Mr. Siegelman. On Thursday, the House Judiciary Committee signaled its intention to have Mr. Siegelman testify about the nature of his prosecution.

In June of 2006 he was convicted by a federal jury here of taking $500,000 from Richard M. Scrushy, the former chief executive of the HealthSouth corporation, in exchange for an appointment to the state hospital licensing board. The money was to retire a debt from Mr. Siegelman’s campaign for a state lottery to pay for schools, and the ex-governor’s lawyers have insisted that it was no more than a routine political contribution.

On the telephone outside the prison today, Mr. Siegelman said he had confidence that the federal appeals court, which will now consider his larger appeal, would agree with his view of the case - that he was convicted for a transaction that regularly takes place in American politics.

Otherwise, Mr. Siegelman said, “every governor and every president and every contributor might as well turn themselves in, because it’s going to be open season on them.”

His case has become a flash point for Democratic contentions that politics influenced decisions by the Justice Department, fueled by testimony from an Alabama campaign operative that suggested Mr. Rove may have had some involvement.

In Alabama, the Siegelman case has inflamed partisan passions, with Republicans insisting that Mr. Siegelman’s term from 1998 to 2002 was deeply corrupted, and Democrats furious over what they depict as a years-long political witch-hunt.

Before his release earlier in the day, the ex-governor completed his prison chores for the day - mopping a barracks area - and waited for his wife and son to pick him up for the eight-hour drive to his home in Birmingham, Ala.

“It feels great to be out,” Mr. Siegelman said. “I wish I could say it was over. But we’re a long way from the end of this.”

Think Progress:

Former Alabama Gov. Don Siegelman (D), who went to jail in June 2007 on federal corruption charges, “will be released from prison, after the 11th Circuit Court of Appeals granted him an appeal bond.” Yesterday, TPMmuckraker reported that the House Judiciary Committee is seeking to hold a hearing where Siegelman will testify about the controversial prosecution that led to his incarceration.

Here’s video from yesterday’s House Judiciary Committee hearing on selective prosecutions, where ex-Gov. Don Siegelman’s (D-AL) was the marquee case:

As TPM reported yesterday, Rep. Randy Forbes (R-VA) made a hard run at Jill Simpson, the Republican lawyer who’s testified that Alabama Republicans often chattered about how the Justice Department and local U.S. attorneys would take Siegelman down. Rep. Artur Davis (D-AL) rose to her defense, and Doug Jones, a former U.S. attorney himself and lawyer for Siegelman, testified that the case took on a new life in 2005 after officials in Washington got involved.

You can see video of former attorney general Dick Thornburgh’s testimony here.

Raw Story

The federal official helming a probe into potentially illegal partisan political activities conducted by Karl Rove and other White House officials is himself the focus of a federal investigation.

Scott Bloch, the Bush-appointed head of the US Office of Special Counsel, is under investigation for the alleged improper deletion of emails on office computers, The Wall Street Journal’s John R. Wilke reports.

“Recently, investigators learned that Mr. Bloch erased all the files on his office personal computer late last year,” writes Wilke. “They are now trying to determine whether the deletions were improper or part of a cover-up, lawyers close to the case said.” The inspector general of the Office of Personnel Management is examining the case at the urging of the White House.

The Special Counsel is also under scrutiny for claims that he used his position to retaliate against other employees, and that he “dismissed whistleblower cases without adequate examination.” Investigation began in that case in 2005.
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