ALABAMA WAS “SWEET HOME” FOR POLITICAL PROSECUTION

As reported in the April 14, 2007 New York Times, Alabama Senator Jeff Sessions has been implicated in the current US Attorney/Department of Justice scandal. Sessions’ actions, apparently on behalf of the Whitehouse, may not be the first time that Alabama has been called upon to be a player in Department of Justice matters.According to public documents, it appears that high ranking Republican political operatives may have been involved with state and federal investigations in Alabama.

United States Senator Jeff Session’s assistant while he was Alabama Attorney General wasWilliam Pryor –now a federal judge - who was appointed Alabama Attorney General in 1996 upon Sessions election to the Senate. In 1998, Pryor hired Karl Rove and high-ranking GOP operative Bill Canary to manage his successful campaign for Alabama Attorney General. Also elected in 1998 was Democratic Governor Don Siegelman.A mere twelve weeks into Siegelman’s term, Pryor began an investigation into the newly elected Governor’s administration.

After Pryor’s investigation of Siegelman begins in 1999, it is elevated to a joint state-federal investigation directed by U.S. Attorney Leura Canary who was appointed in 2001 by George Bush. U.S. Attorney Canary is the wife of Bill Canary who partnered with Rove on Pryor’s campaign.In 2001, Bill Canary became the political consultant for Alabama Lt. Governor Steve Windom – an announced opponent of Siegelman’s in the 2006 Governor’s race.On the campaign trail, Windom blasted Siegelman daily about the investigation into his administration - an investigation being run by Leura Canary, the wife of Bill Canary, his campaign consultant.After Windom’s loss in the Republican primary, Canary joined the campaign of GOP nominee Congressman Bob Riley.

Before partnering with Rove on Pryor’s campaign in 1998, Bill Canary compiled an impressive GOP resume. He served as chief of staff for the Republican National Committee, Chief of Staff to 2000 GOP Convention chairman and former Bush Chief of Staff, Andy Card, and National Field Director for the Bush Quayle campaign in 1992.In 1994, he and Rove directed the races for a slate of GOP candidates in Alabama appellate court races. In a 1995 article, Michael Kramer at TIME called Bill Canary a “legend in republican circles” and in the same article, former RNC Chairman Rich Bond described Bill Canary as an “expert political paratrooper” and “someone you dropped into a state where something needed fixing and it got fixed.”

It was not clear whether, in 1999, Karl Rove or Bill Canary sent directives directly to Pryor to begin an investigation of Siegelman. But Pryor, just twelve weeks into his and Siegelman’s terms of office, did in fact begin an investigation of Siegelman and, Bill Canary’s wife - the U.S. Attorney- continued the investigation through the 2002 election cycle and beyond.

The 2002 Alabama Governor’s race was the closest in the state’s history. Initial results showed Democrat Don Siegelman winning re-election but a late night vote shift in republican-controlled Baldwin county – attributed to computer error – shifted the race to Republican Bob Riley. A stateweide recount effort was mounted by Siegelman’s team, but was shut down by Attorney General Bill Pryor.After intervening and halting a recount, Pryor –contrary to state law- allowed the results to be certified by the Secretary of State.

After intervening in the recount to the benefit of Republican Bob Riley in December 2002, Pryor was nominated by Bush in April 2003 for a seat on the 11th Circuit Court of Criminal Appeals. In a 2004 interview, Jeff Sessions told the Birmingham News that “we would have nominated Bill for his federal judgeship sooner” but waited for a Republican Governor to name his replacement as Attorney General.

In November, 2003 a MobileAlabama newspaper published a poll showing Don Siegelman defeating Bob Riley in a rematch of the 2002 election. Four Months later, the U.S. Attorney in the Northern District of Alabama – Alice Martin - indicted Siegelman on charges of Medicaid fraud.

Those charges were brought before Chief Senior Presiding Federal Judge U.W. Clemon who calls for a prima facie hearing on the case. After failing to show good cause for the case, the U.S Attorney is forced to drop the charges against Siegelman with prejudice – meaning that those charges could not be brought again.

After the failed case against Siegelman, Martin brought Healthsouth CEO Richard Scrushy to Trial on a 36 count indictment. That trial, which garnered national attention, ended with the acquittal of Scrushy on all counts. While editorials in the State began to speak of the imminent dismissal of Martin as US Attorney due to the Siegelman and Scrushy losses –and as we now know plans were being made by the Department of Justice to oust competent U.S. Attorneys -the Attorney General of the United States Alberto Gonzalez held a press conference in Birmingham to show public support for Martin.

In June 2004, at the direction of Noel Hillman, head of the Public Integrity Division of the Department of Justice, the Middle District U.S. Attorney Leura Canary, reanimated a Grand Jury that had been dormant for 14 months. Siegelman and Scrushy were indicted by Canary in May 2005 and brought to trial in May 2006, one month before the Democratic Primary for Governor.

Noel Hillman was nominated for a federal judgeship in January 2006 and confirmed as a United States Federal Judge in June 2006, making him the second prosecutor involved in the six year investigation of Don Siegelman to be named as a federal judge.