Reply #5: I'm reading conflicting things about whether the honest services charges

[pnwmom]

remain.

http://legalschnauzer.blogspot.com/


Early wire reports are sketchy, but here is what appears to have happened: The 11th Circuit already had reversed the honest-services fraud convictions against Siegelman, and today's ruling kicks out the bribery convictions against both Siegelman and codefendant Richard Scrushy. That appears to mean that the only remaining conviction against Siegelman is for an obstruction of justice count related to a transaction involving a motorcycle. It's unclear what exactly remains against Scrushy.

We have not had an opportunity to review today's ruling, but this outcome does not surprise us. In fact, we posted roughly two months ago that it appears federal appeals courts are issuing "split decisions" on Bush-era political prosecutions. By upholding at least one segment of the convictions, the appeals courts are giving the prosecutions some legitimacy and making it more difficult for victims to sue for monetary damages.

Victims might have their prison sentences greatly reduced, or eliminated, but justice still will not be served. In the Siegelman/Scrushy case, we still have motions to recuse trial judge Mark Fuller.

If the Eleventh Circuit has, in fact, left only the obstruction of justice count hanging against Siegelman, it proves what we have known for some time--our federal courts are a farce from top to bottom.

http://www.ledger-enquirer.com/2011/05/10/1572394/appeals-court-makes-decision-in.html

The 11th Circuit Court of Appeals has upheld some convictions against former Alabama Gov. Don Siegelman and Richard Scrushy, tossed others out and sent the case back to U.S. District Court for resentencing.
Siegelman and Richard Scrushy were convicted in 2006 of bribery and other charges in a federal government corruption case. Both were sentenced to about seven years in prison.
The men appealed their case, and the U.S. Supreme Court ruled in June that prosecutors erred in using the “honest services” law in the prosecution of former Enron CEO Jeffrey Skilling, Siegelman and Scrushy.
Tuesday’s order tosses out two convictions for Siegelman and Scrushy dealing with a bribery scheme. However, it affirmed five other convictions against Siegelman and four against Scrushy.