Scott Horton weighs in on Saturday with The Curious Case of the Missing Transcript and in part explains that it is rare for defendants convicted on public integrity issues to not be granted release pending appeal. Horton writes
... fair application of the rule would have gotten in the way of the theatrics that Judge Fuller had planned for sentencing day. As that day commenced, the Montgomery court room was packed with U.S. Marshals who had been summoned by Fuller. After sentencing, Fuller directed that Siegelman be placed in manacles and dragged before the camera to provide full propaganda benefit for the Alabama Republican Party, on whose Executive Committee he had previously served (a fact the defense didn’t know until it was disclosed this summer in this space). Indeed, the event appears to have been well coordinated with the Alabama G.O.P., which immediately exploited it in press releases.More follows as to the idea that the 11th Circuit is seemingly not pleased with how the Judge responded to their last Order requesting information on why release pending appeal isn't appropriate. There's also some rebuking of David Prather of the Hunstville Times ( a Newhouse paper ... need to look at that one) although I've often found his writing solid.
On the Alabama GOP's Executive Committee and truly a fortunate son, Mark Everett Fuller was a Bu$hCo appointee. Close ties to Congressman Terry Everett (note the "Everett" in his name) from their church in Enterprise to defense contracts to ..., it would seem the Judge continues in his good fortune. Questions as to his large interest in Doss Aviation remain, at least for Scott Howard (see his The Pork Barrel World of Judge Mark Fuller and ... ) yet few if any of the press down in Alabama seem troubled. Bob Martin, Glynn Wilson, ... are exceptions.
More to follow on this mess I'm sure. In the meantime, I'd argue The Don (and Richard Scrushy for that matter) ought to be released pending the outcome of his appeal. Let's hope the 11th Circuit sees it that way. Peace ... or War!
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