Reply #7: Did you know the RICO statute was unjustly used in Siegelman's case: [View All]

[mod mom]

The third question is why the prosecution was permitted to use the Racketeer-Influenced and Corrupt Organizations Act (“RICO”) as the basis for its case against Siegelman. RICO was developed in the late 1960s to provide prosecutors more reach to fight organized crime. The use of this statute in cases involving political corruption charges is problematic for a number of reasons, among them because it begins a process of marking government functions as organized crime—which in itself undermines public confidence in government. As Harvard’s Arthur Maass said, applying RICO in such cases is “unauthorized, out of control, and overall questionable.” For this reason, it has often been urged that the RICO statute be used extremely sparingly, if at all, in political cases. Procedures are in place which limit its use and require approval at a very high level in the Department of Justice in Washington, D.C. In the Siegelman trial, the essence of the prosecution’s case was what Notre Dame law professor G. Robert Blakey, a former prosecutor who wrote the RICO statute, calls the “trashcan theory of prosecution.” The prosecution’s case was, essentially, a dog-and-pony show: countless facts were presented, and the jury was asked to see corruption behind every deed. As Alexander Hamilton once observed, when a prosecutor makes enough claims of wrongdoing against an innocent man, he is very likely to get a conviction on something. The use of RICO in this case is one of the telltale signs that the prosecution is politically motivated and driven. In fact, a former senior Justice Department lawyer who requested anonymity told me:

Congressional investigators need to probe into the process by which the RICO charges were brought in this case. I believe they will find a trail of politically incendiary decision-making in which established practices and procedures were cast to the wayside in a vendetta-like prosecutorial effort.

http://www.harpers.org/archive/2007/08/hbc-90000714

HARPERS HAS AN EXCELLENT SET OF ARTICLES ON THE CASE SURROUNDING FORMER GOV SIEGELMAN-ESPECIALLY INTERESTING IS JUDGE FULLER WHO OVERSAW THE TRIAL & SENTENCING. I HIGHLY RECOMMEND READING THIS.

Thanks Sfexpat for helping to keep this story in the spotlight! :hi: