Court questions federal involvement in Minor case By Larisa Alexandrovna
http://www.tvnewslies.org/tvnl/index.php/news/domestic-usa/8681-court-questions-federal-involvement-in-minor-case.html The US Fifth Circuit Court of Appeals, which is currently reviewing the case of Mississippi attorney Paul Minor - convicted of bribery and mail fraud charges - has requested that the federal government provide supporting materials to explain its basis for becoming involved in the Minor case. That involvement was based on a contention that state judges are "agents" of the Administrative Office of the Courts, which receives federal funds, thereby placing them under the legal jurisdiction of the federal government. The specific question raised by the court of appeals is what jurisdiction the federal government had in bringing charges twice against Minor and Judges Wes Teel and John Whitfield. Former Mississippi Supreme Court Justice, Oliver E. Diaz Jr., was also indicted twice, but was acquitted both times. Under the bribery statute used to indict Minor, Teel, Whitfield and Diaz - "<http://www4.law.cornell.edu/uscode/18/usc_sec_18_00000666----000-.html>18 U.S.C, 666 - the person carrying out the alleged crime must be "an agent of an organization, or of a State, local, or Indian tribal government, or any agency thereof." The former US Attorney for the Southern District of Alabama, Dunnica Lampton, as well as the Department of Justice on appeal, have argued that Teel and Whitfield were "agents" of a the Administrative Office of the Courts, which gets federal funds, thereby justifying the DOJ's involvement. The reality, however, is that judges are not in charge of buying staplers and office furniture, or training clerks in using a computer system. These functions are all administrative and do not involve the judges themselves, who in the state of Mississippi are elected to the bench. The use of the 666 statute has therefore raised many eyebrows, including those of the three-judge panel of the US Fifth Circuit Court of Appeals. Minor and his supporters have argued that he was prosecuted as part of a wider scandal involving the Bush administration Department of Justice , which allegedly targeted political opponents for prosecution. Another well-know case involving the same allegations of political prosecution is that of former Alabama governor Don Siegelman. Scott Horton, a lawyer and professor at Columbia University, who has been vocal in his support of Minor and Siegelman, responded via email to my inquiry as to what the judges are really asking and why: "It's always problematic speculating about what thoughts are behind a question. But in this case, the questions are certainly bad news for the prosecution. They suggest that the panel is having problems understanding how the conduct alleged by the prosecutors is actually a crime. I have a sneaking suspicion that one of the judges on this panel has read Justice Scalia's recent reservations about the way the "honest services" statute is being used to concoct prosecutions in areas that more properly are the province of state prosecutors. Because they're asking the same questions that Scalia asked. The questions also suggest that there is some sensitivity on this panel to the issue of selective prosecution--they are a head-on attack on the good faith of the prosecution itself. That's very rare in an appellate case like this, but in this case, the prosecutors ran into a buzzsaw during oral argument, so perhaps it's not so surprising," wrote Horton in an email this afternoon. Horton and others have told me that it rarely happens that judges ask for follow-up supporting materials for the government's position in an appellate case. In this case, the court is ultimately asking the federal government to explain how state judges are "agents" of the Administrative Office of the Courts and, by extension, how the federal government has jurisdiction in this case under this statute. The court asks the following series of questions that have given Minor supporters some hope: 1. What evidence shows that the matter or matters respecting which Judge Whitfield or Judge Teel intended to be influenced or rewarded, were a matter or matters in connection with any business or transaction of the Administrative Office of the Courts of Mississippi? Similarly, what evidence shows that anything of value which Minor gave with intent to influence or reward Judge Whitfield or Judge Teel was in respect to any action taken or to be taken in connection with any business or transaction of the Administrative Office of the Courts of Mississippi? 2. Describe the nexus that the "in connection with" clause requires between the relevant governmental agency - here the Administrative Office of the Courts of Mississippi - and the particular matter respecting which the "agent" defendant (here Judge Whitfield or Judge Teel) is intended to be influenced or rewarded. 3. What is the proof of such nexus with respect to the convictions under counts 11, 12, 13 and 14? 4. As to each appellant was a lack of such nexus adequately raised below and on appeal? If not adequately so raised, what authority would allow the court to consider the nexus in the present appeal? 5. If the court determines one or more of counts 11, 12, 13 and 14 should be reversed, what effect, if any, would that have on the proper action to be taken on any of the other counts of conviction, and what effect, if any, would that have with respect to whether there should be resentencing on any of the other counts of conviction even if the convictions on those other counts were not to be reversed? Each party is to provide a brief not to exceed 15 pages, said brief to be filed by May 18, 2009. For background on this case and the allegations of political prosecution, see Raw Story's award-nominated series of articles articles, the Permanent Republican Majority: <http://rawstory.com/news/2007/The_Permanent_Republican_Majority_1125.html>Part 1 - Political Prisoner <http://rawstory.com/news/2007/The_permanent_Republican_majority_Daughter_of_1127.html>Part 2 - Siegelman's Daughter Speaks Out <http://rawstory.com/news/2007/The_Permanent_Republican_Majority_Part_III_1216.html>Part 3 - Karl Rove Running Elections from the White House <http://rawstory.com/news/2008/How_Bush_US_attorney_riddled_with_0401.html>Part 4 - Mississippi Prosecution, Justice Oliver Diaz <http://rawstory.com/news/2008/Diaz_placeholder_0408.html>Part 5 - Justice Diaz Speaks <http://rawstory.com/news/2008/Breakins_plague_Justice_Department_whistleblowers_0430.html>Part 6 - Break-ins plague targets of political prosecutions <http://rawstory.com/news/2008/Justice_for_Sale_How_Big_Tobacco_0828.html>Part 7 - Justice for Sale Updates to the PRM series <http://rawstory.com/news/2008/Judge_in_Paul_Minor_case_was_0821.html> <http://rawstory.com/news/2008/Judge_in_Paul_Minor_case_was_0821.html>Judge who denied Paul Minor release was protoge of Karl Rove <http://rawstory.com/news/2008/DOJ_Investigating_two_US_Attorneys_involved_0604.html>DOJ Investigating 2 US Attorneys <http://rawstory.com/news/2008/Attorney_seeks_special_prosecutor_in_alleged_0125.html>House asked to name special prosecutor in case of jailed Democratic donor <http://rawstory.com/news/2008/Roveconnected_judge_recuses_self_from_Minor_0401.html>Rove Connected Judge Recuses herself Tags: <http://rawstory.com/blog/tag/don-siegelman/>Don Siegelman, <http://rawstory.com/blog/tag/larisa-alexandrovna/>Larisa Alexandrovna, <http://rawstory.com/blog/tag/paul-minor/>Paul Minor, <http://rawstory.com/blog/tag/political-prosecutions/>Political Prosecutions, <http://rawstory.com/blog/tag/us-attorney-scandal/>US Attorney Scandal Access 350+ FREE radio stations anytime from anywhere on the web. <http://toolbar.aol.com/aolradio/download.html?ncid=emlcntusdown00000003>Get the Radio Toolbar! --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to Mark Crispin Miller's "News From Underground" newsgroup. 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