Why I oppose Kagan

I don’t think I’ve ever followed a court case more closely than I followed that of former Alabama governor Don Siegelman. The man had his governorship stolen from him, and then he was imprisoned for no reason by a gang of bad Republicans, led by Karl Rove.

The Bush government even paid $300 million to the company controlled by and largely owned by the corrupt judge who presided over the case!!!

The Alabama federal judge who presided over the 2006 corruption trial of the state’s former governor holds a grudge against the defendant for helping to expose the judge’s own alleged corruption six years ago. Former Gov. Don Siegelman therefore deserves a new trial with an unbiased judge ─ not one whose privately owned company, Doss Aviation, has been enriched by the Bush administration’s award of $300 million in contracts since 2006, making the judge millions in non-judicial income.

These are the opinions of Missouri attorney Paul B. Weeks, who is speaking out publicly for the first time since his effort in 2003 to obtain the impeachment of U.S. District Judge Mark E. Fuller of Montgomery on Doss Aviation-related allegations.

Here’s another perspective on the judge from a man who grew up in the same town:

Mark Fuller is dirty. I personally know he is dirty. Moreover, I know the whole damn bunch associated with him.

The gist is that both our fathers used their respectable fronts to hide involvement in massive drug smuggling from Columbia by working with outlaws from the Dixie Mafia who had direct ties to major city Mafiosi as well as to the very top smugglers in Colombia.

The racket, which was nicknamed The Enterprise, enjoyed semi-protected status, especially during the Iran-Contra era, which was when Lt. Col. Oliver North and his colleagues used to visit with my father, with me and with others in town.

Control of Doss Aviation, one of the early companies involved in the smuggling, was passed along from my father and his group to Mark’s father and his cronies, and then ultimately in 1989 to Mark, who that year became Doss Aviation chairman and chief executive officer.

The company won dozens of CIA and Air Force contracts with the help of the region’s longtime Republican representative, Terry Everett, a senior member of the House Armed Services Committee. I used to work for Everett on the local newspapers and broadcasting properties that he owned.

Fast forward: As a George W. Bush-nominated federal judge appointed in 2002, Fuller retains a controlling interest in Doss Aviation, ensuring that as a judge he will have a fabulous amount of non-judicial income.

The proceeds include some $300 million in Bush administration awards to Doss Aviation since 2006, the year the Siegelman trial began. All of this has been amply documented in on-the-record materials by courageous whistleblowing legal figures Paul Weeks, Jill Simpson and Tamarah Grimes, and several very thorough investigative reporters whose exposés have fallen on deaf ears, exposing the degree of corruption at the Justice Department and the indifference, if not complicity, of elected representatives to these big-dollar scandals.

The case stinks to high heaven. There’s no way this judge could preside honestly over this case, given his personal hatred of Gov. Siegelman and the massive windfall the Bush Administration was handing him. (More info at DonSiegelman.org Also, Harper’s journalist Scott Horton provided excellent coverage).

So I was shocked to learn that President Obama’s new Supreme Court nominee argued just months ago that Don Siegelman does not deserve a hearing before the U.S. Supreme Court!!!

A bipartisan group of 91 former state attorneys general from more than 40 states formed an unprecedented coalition to file a friend-of-the-court brief to the Supreme Court arguing it should hear Siegelman’s case because his actions did not constitute a crime.

But Kagan, now widely reported as a leading candidate to ascend from her post as Justice Department solicitor general to become her friend Obama’s nominee for a Supreme Court vacancy, urged the high court in November to deny Siegelman a hearing. Kagan used technical legal arguments devised with the assistance of DOJ’s trial prosecutors.

Since the 2006 convictions DoJ has withstood complaints that include: political prosecution orchestrated by Rove, judge-shopping, jury tampering, lying about Canary’s recusal, firing a DoJ whistleblower, and suppressing evidence that DoJ tried to blackmail its central witness.

Kagan’s stance already has created strong skeptics in progressive circles in Alabama, and is certain to irritate Siegelman supporters around the country if she is nominated to the Supreme Court. DOJ has requested that Fuller resentence Siegelman, now 64, to an additional 20 years in prison.

Unless I’m completely and totally wrong about the Siegelman case — and I’m not — Kagan’s active effort to prevent the Supreme Court from hearing this man’s case utterly disqualifies her from serving on the Supreme Court. Political thugs savaged Don Siegelman, and Kagan defended their abuse of our justice system.

I suspect Obama and Kagan cooperated with Republicans to cover up the Siegelman travesty to boost Kagan’s Supreme Court chances. But that’s a deal with the devil. You can’t compromise on justice. And letting Mark Fuller and Karl Rove and their many accomplices escape justice while Gov. Siegelman rots in jail is beyond comprehension!

Posted by James on Tuesday, May 11, 2010