Journalist Scott Horton
Starting in June 2007, Scott Horton began to express alarm at the
corrupt prosecution of Don Siegelman in his online articles "No
Comment". Scott Horton is a New York attorney known for his work in
emerging markets and international law, especially human rights law
and the law of armed conflict. Horton lectures at Columbia Law
School. He is a contributing author at Harper's and other leading
print media as well as writing the Harper's blog.
.................................................................................................................................................
Scott Horton Speaking on 'Signs of Political
Prosecution'
Huntsville, AL April 2008
.
.
.
.
.
.
.
.
.
.
.
.
.
.
"Or perhaps I should quote my former partner and friend Michael
Mukasey in his recent speech in San Francisco, "A politically
motivated political corruption investigation is just corruption by
another name." Exactly.
Now, I started my review of the Siegelman case ... looking at a series
of questions that are used to flag political prosecutions. These
questions are in fact used by our Department of Justice and
Department of State. The are used in connection with determinations
as to whether or not assistance should be rendered to foreign
powers requesting help in connection with prosecutions involving
political figures. These are the questions used to determine whether
a prosecution is political and should receive support from the United
States.
that was pretty much off the charts. In fact, I'd say, further off the
charts than most of the cases I'm used to studying in the former
Soviet Union."
<more>
...............................................................................................................................................
Starting in June 2007, Scott Horton began to express alarm at the
corrupt prosecution of Don Siegelman in his online articles "No
Comment". Scott Horton is a New York attorney known for his work in
emerging markets and international law, especially human rights law
and the law of armed conflict. Horton lectures at Columbia Law
School. He is a contributing author at Harper's and other leading
print media as well as writing the Harper's blog.
.................................................................................................................................................
Scott Horton Speaking on 'Signs of Political
Prosecution'
Huntsville, AL April 2008
.
.
.
.
.
.
.
.
.
.
.
.
.
.
"Or perhaps I should quote my former partner and friend Michael
Mukasey in his recent speech in San Francisco, "A politically
motivated political corruption investigation is just corruption by
another name." Exactly.
Now, I started my review of the Siegelman case ... looking at a series
of questions that are used to flag political prosecutions. These
questions are in fact used by our Department of Justice and
Department of State. The are used in connection with determinations
as to whether or not assistance should be rendered to foreign
powers requesting help in connection with prosecutions involving
political figures. These are the questions used to determine whether
a prosecution is political and should receive support from the United
States.
1. Is the subject an opposition political figure?
2. Is the crime that has been charged something applied
uniformly, or does it seem to be used just on political
adversaries. And this is particularly the case when the crime as
charged deals with details of running campaigns.
3. When was the probe initiated and how did it come to be
initiated? Does it comply with established procedures and
rules governing investigations? Charges brought against
political candidates during an election cycle are particularly
suspect. And the golden rule is that prosecutors investigate
crimes, not people. So, what was the crime and how did it
come to the attention of the prosecutors?
4. Was an intrusive investigation conducted? That is, does
the investigative work appear geared to disrupting the political
figure's work, for instance, as a representative in the
legislature or a local official? Does it appear geared to
embarrassing a candidate for an election? Was the
investigation played out in the media? Was the arrest and
announcement of charges hyped in the media? Is the
allocation of resources and materials for the investigation and
prosecution "normal" or commensurate with similarly charged
crimes?
5. Is the trial open to the public? Is the presentation of
evidence open to the public? Was a gag imposed on
counsel? Did the prosecutors engage in questionable conduct
in picking a court and a judge? Was the defendant granted
freedom pending trial and appeal?
6. Is there a political tone to the prosecutor's presentation of
his case? Does he speak of a political party or movement as
"corrupt" rather than a specific individual? Is there evidence to
show that the prosecutor discussed the case with Government
figures outside of the chain of prosecutorial authority? Were
senior political figures exercising influence in the prosecution?
7. Was the defendant or his counsel the subject of
harassment, threats, robberies or break-ins?
8. Does the prosecution run parallel with a political campaign
which is being maintained by the Government or the
Government's party? Is the prosecution being cited as
evidence of "corruption" by the opposition? Does the
Government appear to have access to the prosecution's
evidence? Does it have prior knowledge that charges will be
brought? Is this information used for political purposes?
9. Does the media have prior knowledge of criminal
investigations, of charges brought, of evidence that will be
used? Does the media quote government officials or
prosecutors in connection with pending cases?
that was pretty much off the charts. In fact, I'd say, further off the
charts than most of the cases I'm used to studying in the former
Soviet Union."
<more>
...............................................................................................................................................
.........................................................................
| __________________________________________________________________________________________ Sponsored by Friends of Don Siegelman 2007 <feedback> __________________________________________________________________________________________ |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 | |  | |  |
 |  |  |  |  |  |
| The Siegelman Chronicles Starting June 1, 2007, Scott Horton has been following the case of former Alabama Governor Don Siegelman, currently imprisoned on a conviction of charges of bribery, conspiracy and mail fraud. Siegelman's case has ramifications far outside of Alabama. It connects to Karl Rove, the Department of Justice under Alberto Gonzales, and to the corruption of our news media by political interests. Horton's research is ongoing. You can read more of it here. |
 |  |  |  |  |  |