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.

To unsubscribe, send a blank email to 
[email protected] OR go to 
http://groups.google.com/group/newsfromunderground and click on the 
"Unsubscribe or change membership" link in the yellow bar at the top of the 
page, then click the "Unsubscribe" button on the next page. 

For more News From Underground, visit http://markcrispinmiller.com
-~----------~----~----~----~------~----~------~--~---

Reply via email to