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Dueling affidavits and statements
It was Simpson's congressional testimony that she talked with Rob Riley and Justice Butts, along with Bill Canary, the spouse of Siegelman prosecutor Leura Canary, on that call either via speaker phone or on a conference call and that Karl Rove's name was mentioned as being involved in a scheme to "get" Siegelman. Butts later told me he had "never" been on a call with Canary, but probably should have been since Canary has always supported his political opponents. But, as I have previously said, Simpson testified before a Congressional committee, was questioned by lawyers from both political parties and was subject to the penalty of perjury and loss of her law license if she lied. It is very easy to craft affidavits with suggestions of what one might remember without facing tough questions from opposing counsel. The one unequivocal comment I do believe, however, is Justice Butts' comment that he had never talked on the phone with Mr. Canary. One of the problems with this investigation is that the Department of Justice has refused to turn over files involving the Siegelman prosecution, including over 500 pages from the U. S. Attorney's office in Montgomery. The release of those papers and testimony before the congressional committee by those involved would likely clear up the matter of whether or not there was Justice Department or other interference to tilt the scales of justice against Siegelman and Richard Scrushy. Until that happens, it will remain a "he said, she said" situation. Scrushy asks judge in case to step down In his appeal for a new trial to the 11th Circuit Court of Appeals, Scrushy's lawyers have asked the appeals court to disqualify Judge Mark Fuller, who presided over the trial. They claim that Fuller is the largest stockholder and the registered agent for a company that has received over a quarter-of-abillion dollars from the federal government through military, FBI and State Department contracts… and that he earns up to $2 million-per-year from the corporation, Doss Aviation, Inc. The motion calls this a "very unique situation" and states that Scrushy's lawyers have been unable to locate another federal judge "in the United States who owns a large and controlling interest in a corporation" that has such an interest in outside payments from the federal government. Scrushy's lawyers say than what most concerns them is that a $178 million contract, renewable annually for 10 years, was awarded during the trial of the case, and that Fuller stands to gain considerable money from that transaction, What they didn't say, but can certainly be inferred, is that such a situation is a hammer than is held over this federal judge by the government. In my opinion this tilts the scales of justice in any case Fuller tries where the government is involved. The one reason federal judges are paid well and cloaked with lifetime tenure is to avoid such conflicts. Governor right on water issue Gov. Riley says Alabama cannot let Georgia claim the water in federal reservoirs such as Lake Lanier as if it belonged only to Atlanta, but that we must be willing, in an extreme drought, to bear the pain of fairly sharing water with Georgia and Florida. Riley is seeking shared sacrifices as he and the governors of Georgia and Florida plan to take their water fight to Washington this week. The governor is correct to take such an approach. We must insist that Georgia and Atlanta adopt adequate water conservation policies because we know that if the issue gets down to drinking water vs. recreational water, drinking water will trump.
Bob Martin is editor and publisher of The Montgomery Independent. E-mail him at: bob@montgomeryindependent. com
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