Two more reasons to demand some change from Pres. Obama, and some 
justice from his DoJ:

First, as Roger Shuler tells us, Texas Governor George W. Bush 
routinely did the same thing for which Alabama Governor Don Siegelman 
went to prison--and for which Holder's prosecutors want him to spend 
two more decades in the pen. That is, Bush took large donations from
supporters whom he then appointed to state boards and commissions.

And then there is the not-surprising news, reported by the Houston 
Chronicle, that Texas Governor Rick Perry also did what Bush did (and 
Perry raised $5 million from his appointees-to-be, while
Siegelman received a mere half-million from Richard Scrushy).

So here's what Holder's DoJ should do: Bring indictments against Bush 
and Perry (and all other
governors who've done the same)--or vacate the whole stinking case 
against Don Siegelman.

MCM

Bush Did the Same Thing That Landed Don Siegelman in Prison

http://legalschnauzer.blogspot.com/2009/05/bush-did-same-thing-that-landed-don.html

Recent Texas governors, including George W. Bush, took major 
donations from people and then appointed them to state boards and 
commissions.

That comes from an article in the Houston Chronicle, spotlighting a 
common political practice that landed former Alabama Governor Don 
Siegelman in federal prison--under the Bush Department of Justice.

Neither Bush, nor other Texas governors, was investigated or 
prosecuted for their appointments.

The Houston Chronicle reports that Texas Governor Rick Perry (a 
Republican) has received almost $5 million in donations from people 
he appointed to state boards and commissions. And the newspaper 
reports that other Texas governors, including one who goes by 
"Dubya," have followed the same practice.

Siegelman, you will recall, accepted a $500,000 donation for an 
education-lottery campaign from Birmingham businessman Richard 
Scrushy and then appointed Scrushy to a health-care oversight 
board--one he had served on under three previous governors.

That transaction led to their prosecution and conviction on federal 
corruption charges. Scrushy is serving a federal-prison sentence as 
we write this, and Siegelman might be headed back to prison after the 
U.S. 11th Circuit Court of Appeals upheld most of his conviction.

So why isn't Rick Perry on his way to the federal pen? There are 
several reasons: (1) He's a Republican, and only Democrats have been 
targeted for such "crimes" in the era of Bush. (Why do you think they 
call them political prosecution?); (2) Such transactions, while they 
might appear unseemly, have never been considered crimes under 
federal law. They only became crimes when Karl Rove, "Bush's Brain," 
initiated a jihad against Democrats over the past eight years.

Want to talk about hypocrisy? Get this line from the Chronicle story:

Appointees represent a significant lever or power to any Texas 
governor, an office with comparably limited powers. Perry's 
predecessors, Ann Richards and George W. Bush, also accepted 
donations from appointees.

In other words, Karl Rove's boss practiced exactly the same behavior 
that has turned Don Siegelman into a federal "criminal."

What a country.

As for Siegelman, he isn't just sitting around saying, "WTF." He is 
making every effort to help Americans understand the hypocritical and 
bogus nature of his (and other) political prosecutions.

Reports Sam Stein of Huffington Post:

A lobbying effort to persuade the Justice Department to intervene in 
the politically tainted case against Don Siegelman has intensified in 
recent days, as a deadline for appealing the charges against the 
former Alabama Governor nears.

After being released on appeal bond last spring, Siegelman was 
convicted in March by a Court of Appeals on charges of bribery, 
conspiracy and obstruction for appointing a prominent donor to a 
state post. Now he is pushing for a rehearing of his case--which 
critics say was orchestrated by state and national Republican 
officials--with the hope of replacing the three-judge panel with a 
larger eight-judge panel that comprises the entire 11th Circuit. He 
should hear a decision on his appeal any day.

"If we get a rehearing then we have a few months to pursue options 
with the Department of Justice," Siegelman told the Huffington Post 
in an interview. "If we don't, then I'm going to be re-sentenced to 
prison by the same judge and prosecutors which I say, parenthetically 
with an exclamation point, is probably the most bizarre twist yet. 
I'd be still fighting the same right-wing [Karl] Rove-anointed and 
Bush-appointed prosecutors even with [Barack] Obama and [Eric] Holder 
in charge."

Federal intervention appears to be unlikely, Stein reports:

The DOJ says there is virtually nothing it can do when it comes to 
Siegelman's appeal. "Because Mr. Siegelman has requested the full 
11th Circuit Appeals Court to review the recent ruling by the 
three-judge panel, the Department will continue to litigate this 
matter in the courts, not in the media," said DOJ spokesperson Laura 
Sweeney. "The decision whether to hold an en banc hearing is the 
court's, not DOJ's."

Siegelman recently received support from Professor Bennett L. 
Gershman, author of the book, Prosecutorial Misconduct:

"I have never encountered another prosecution in which it appears so 
clearly that the prosecutors were zealously bent on pursuing an 
individual, rather than on a crime," reads the note, obtained by the 
Huffington Post. "As an example of bad faith prosecution, the 
Siegelman case may be without parallel.... There is no better example 
of the corrosive effect on the reputation of the Department of 
Justice... than the prosecution of Don Siegelman."
Meanwhile, TPM Muckraker recently reported that Rove is expected to 
testify before Congress in early June.

Here's a question someone might want to ask Rove right up front: As 
governor of Texas, George W. Bush routinely appointed his donors to 
boards and commissions. Why did that same behavior, when practiced by 
Alabama Democrat Don Siegelman, suddenly become criminal under Mr. 
Bush's Justice Department? Please explain.

Records show appointees gave Perry $5 million
But governor's office says donations are not considered in job assignments
By MATT STILES

http://www.chron.com/disp/story.mpl/metropolitan/6406108.html

AUSTIN - Gov. Rick Perry has accepted nearly $5 million in political 
campaign donations from people he appointed to state boards and 
commissions, including some in plum jobs that set policy for state 
universities, parks and roads, records show.

Nearly half the appointee donations came from people serving as 
higher education regents, including more than $840,000 from those at 
the University of Texas System, according to a Houston Chronicle 
review of campaign-finance records.

Political patronage is nothing new for Texas governors in both 
political parties. The contributions are a legal and common practice, 
though it has been fodder for critics over the years.

"The reason people should care is that it would be nice to think that 
government functioned as a meritocracy," said Andrew Wheat of the 
watchdog group Texans for Public Justice, which has tracked appointee 
donations in the past.

Perry's office didn't dispute the Chronicle's analysis, but rejected 
any notion that the governor considers donations in choosing his 
appointments. His spokesman, Mark Miner, noted that many people 
serving the state for the governor aren't donors.

Indeed, only about one in 10 of the 2,400 people currently serving 
Perry have written campaign checks, according to the review, which 
matched names and other records in computerized data to flag donors.

The appointees have given about $4.9 million since Perry became 
governor in late 2000, with the average donation topping $7,000. The 
total is only a fraction of the more than $60 million the governor 
has raised since he took office.

In some cases, Perry's appointees gave money in the weeks before or 
after being selected. A commissioner on the Prepaid Higher Education 
Tuition Board, for example, gave $33,000 two weeks after his 
appointment.
Rick Francis, an El Paso banker who has donated more than $180,000 to 
Perry, including a $25,000 donation six days before his appointment 
to the Texas Tech University Board of Regents, said he was proud to 
support the governor financially.

"I believe in Rick Perry's leadership and vision for Texas and, as a 
result, have contributed money to the 'Century Council' every year 
for many years,' he said in a written statement, referring to a 
designation the campaign gives its top donors.

Miner said appointees, whether they give donations or not, are 
subject to applications, general background checks and legislative 
confirmations. As to those who do give campaign money, Miner said the 
governor sometimes chooses community civic and business leaders and 
people who are politically engaged.

Peggy Venable, Texas director for Americans for Prosperity who vetted 
federal appointees during the administration of President Ronald 
Reagan, said their financial support can be an indicator of whether 
they will implement policies that jibe with an elected official's 
vision. "You look for people who you know will uphold the policies 
and ideals that you worked so hard on."

Jeff Sandefer, founder of an Austin-based energy investment firm 
appointed to the Interstate Oil and Gas Compact Commission, said his 
$270,000 in donations over the years weren't a factor. "The main 
reason I support the governor is that he defends our basic freedoms 
and continues to keep taxes low, both of which I believe will make 
Texas a better place for my children."

Many not scrutinized

Unlike regents and other plum appointments, such as the Parks and 
Wildlife Commission, many of Perry's appointees serve in 
lower-profile positions that typically don't require detailed 
scrutiny from the Texas Senate, which considers nominees every two 
years.

Last week, for example, newly appointed regents from Texas A&M 
University System were asked to testify before the nominations 
committee. But those selected to serve on the Credit Union 
Commission, Family and Protective Services Council and Texas Public 
Finance Authority were not called.

Generally, the rank-and-file appointees, if they give at all, do so 
in smaller amounts, records show.
Appointees represent a significant lever or power to any Texas 
governor, an office with comparably limited powers. Perry's 
predecessors, Ann Richards and George W. Bush, also accepted 
donations from appointees.

"This is one of the big perks that come with the office of the 
governor," Wheat said. "You get to dole out this stuff to reward your 
donors."

[email protected]

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