Alabama Dem Party Questions Subpoena Deliveries, Public Displays by U.S. Marshals (GOP Intimidation)

[Hissyspit]

Source: Alabama Democratic Party

Alabama Democratic Party Questions Subpoena Deliveries and Public Displays by U.S. Marshals

Raises Question of Republican Political Operatives Having Advance Knowledge

Montgomery, AL - Alabama Democratic Party Executive Director Jim Spearman today called into question the method by which U.S. Marshals attempted to serve legislators subpoenas to appear to testify in a grand jury proceeding. Reporters were apparently tipped off by calls stating U.S. Marshals were coming to the Alabama Statehouse to serve some legislators. "The drama surrounding these actions and the U.S. Department of Justice's disruption of a legislative session for the routine serving of a summons to appear in court sends a poor signal to Alabama citizens who are already complaining about partisan political interference into the federal prosecution of former Democratic Governor Don Siegelman," says Spearman.

"These ladies and gentlemen have not been charged with a crime and could have been served by other means in their local communities, not in Montgomery during a legislative session in front of TV cameras and reporters." Spearman stated. State law actually prohibits serving members of the legislature while they are in session. Section 29-1-7 of the Alabama Code protects members from this kind of action by U.S. Marshals yesterday. In fact, the Marshals could have violated this law by their disruption of the session and have been charged with a misdemeanor.

"Thursday's action only strengthens our resolve to insist that the U.S. House and Senate as well as the U.S. Attorney General immediately launch an inquiry into Alabama's federal justice system to assure Alabama citizens that politics and partisanship have not been used in prosecutions or in the serving of subpoenas. If Republican operatives had any advance knowledge of yesterday's serving of subpoenas at the Statehouse, they should have to testify before Congress under oath." Spearman concluded.

Read more: http://www.aladems.org/2008/03/alabama_democra_4.php

[babylonsister]

1. Reporters were tipped off so they could watch this show of machismo?

Sounds like they're too big for their britches.

[MelissaB]

2. Actually, Alice Martin, the U.S. Attorney in Birmingham set it up.

...snip

As this was getting underway, Martin conferred with her staff about a media spectacular. She described a plan to send a platoon of federal marshals, backed up by television media crews, into the Statehouse to serve subpoenas on law-makers on the floor of the legislature. This would be carefully timed just to make the evening news.


http://harpers.org/archive/2008/03/hbc-90002578

[minnesota_liberal]

6. File charges against her then!

Then goosemarch her out in handcuffs.

[Divine Discontent]

36. AGREED! enjoy your time behind bars, evil twit! she clearly belongs there for this! eom

[barbtries]

20. she should be jailed

and should have been a long time ago in connection with the don siegelman case.

[Lasher]

25. I agree.

This is pretty sinister.

[xxqqqzme]

26. so comforting to know saurove's legacy

is secure.

edit to add

Why Alabama? I don't get it. Is it because they are last, or in competition w/ Mississippi for last, in everything, so the neo-con dream of destroying government has been accomplish therefore there is less to do? I mean there are some things reported as happening in Alabama - like this story and I think 'well yea, what do you expect? It's Alabama!'

or is something as simple as they're the first state on an alphabetical list? so that's where they started?

[rucognizant]

30. It the state where..........

W went during his AWOL! To work for a political campaign. What about that rumor of his "relationship" with the guy from Alabama? An ex Yale or Harvard classmate, Who wound up in an Ambassadorial post in Europe after the 2000 sElection!?????????
Head start????????

[Pastiche423]

37. Victor Ashe?

Wrong state. He's from Tennessee. Whistle ass made him ambassador to Poland.

[kestrel91316]

29. Sounds like Ms. Martin needs to be impeached for malfeasance.

She set this little show up, and the whole thing was ILLEGAL.

[annabanana]

3. Free Alabama!

That Martin is one rotten apple...

[rateyes]

4. Martin should be impeached,

and should, herself, be charged just like the US Marshals.

[jody]

5. Another dirty trick as Repugs try to seize control of the legislature from Dems. n/t

[AzDar]

7. The Marshals 'could be charged' ? How about WILL be charged?

Time to fight fire with fire in Alabama!:mad:

[cyberpj]

8. Any Alabama newspapers telling the whole story, including that it's against the law?

That would be nice so that the citizens know it was all a set up and that the marshals should be arrested.

[gratuitous]

9. Oop, sorry, the ink in their printing presses went out just then

So they were unable to inform the public that this political grandstanding was against the law. However, they did post a brightly lettered explanation on the bulletin board above the editor's desk. "Without fear or favor" is apparently not in the lexicon of the modern Alabama journalist.

[MelissaB]

10. Maybe one small town paper. Here's trof's post about this:

trof (1000+ posts) Mon Mar-10-08 10:30 AM
Response to Reply #8
10. All working for corporate giant Advance Publications.

They own the Birmingham News, Mobile Register, and Huntsville Times, the 3 biggest city dailies in the state.

One guy in the state, Glynn Wilson, with his Locust Fork Journal (and blog), both online, has been covering this in depth.
http://blog.locustfork.net/index.php


http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x2981464#2982052

[cyberpj]

11. Should've known some corporate giant owned the biggest ones. Its true everywhere now. nt

[cseper]

16. Yes, the media in America is now almost completely controlled, by a single entity. N/T

[trof]

34. And heeeere's trof! Please see my post #33 below.

:hi:

[MelissaB]

41. About time you showed up.

:hi:

Thanks for all your work on this. I've learned a lot from your posts.

[Zambero]

12. South Africa is more advanced than Alabama these days

There seems to be a 1962 good ole boy mentality that never really left, and as far as the GOP is concerned Democrats can go to the back of the bus and leave their rights at the door in the process. Meanwhile, an innocent man rots in prison, the vitim of a partisan coup (aka political lynching).

[Sam Ervin jret]

13. The Marshals need to be arrested and questioned as to their orders

The media needs to be questioned as witnesses to crimes. This was a great mistake. Great in both terms of the word. Great as in a large miscarriage of justice and as in this is the obvious outcome of the publicity of the Siegelman case. It will cause MORE such publicity. That makes it great in the sense that it was a publicity blunder. It also opened non partisans like the marshals up for arrest. Does anyone think they are loyal to the GOP and want to take the fall? Even for a misdemeanor? Their jobs and pensions? If there is ONE LAST honest prosecutor left in the state, a big door has been opened.

And even if there is none, this assault on a legislative body should send a cold shiver through all the state legislatures and have them pressure for federal prosecution.

I think it was Steppenwolf who said "it's never too late to start all over again." Alabma has that chance now.

[HowHasItComeToThis]

14. MEANWHILE, IN NEW YORK STATE, DOJ HAS GRANDSTANDED SPITZER ALLEGATIONS

AND THEN THERE ARE THE US ATTORNIES FIRED.

[Subdivisions]

15. First, why are you shouting? Second...

this is a thread about Alabama, not New York and not Spitzer. That was yesterday.

[kenfrequed]

17. Hmm

I know the south has long been trying to escape its unjust past. I would think that Alabama seems intent on living up to every corrupt and insane stereotype that persists.

[bobthedrummer]

18. The political police in the Third Reich were Gestapo, in USSR it was the POLITBURO,

in HOMELAND (tm) it is called the Department of Justice...

[williesgirl]

19. This illegal bullshit must stop. Where is our Congress? rec'd

[lonestarnot]

21. Damn.

[annabanana]

22. Alabama Democrats are Under Attack

Source: Huffington Post

"Montgomery, AL - Alabama Democratic Party Executive Director Jim Spearman today called into question the method by which U.S. Marshals attempted to serve legislators subpoenas to appear to testify in a grand jury proceeding. Reporters were apparently tipped off by calls stating U.S. Marshals were coming to the Alabama Statehouse to serve some legislators. "The drama surrounding these actions and the U.S.

Department of Justice's disruption of a legislative session for the routine serving of a summons to appear in court sends a poor signal to Alabama citizens who are already complaining about partisan political interference into the federal prosecution of former Democratic Governor Don Siegelman," says Spearman.


These ladies and gentlemen have not been charged with a crime and could have been served by other means in their local communities, not in Montgomery during a legislative session in front of TV cameras and reporters." Spearman stated. State law actually prohibits serving members of the legislature while they are in session. Section 29-1-7 of the Alabama Code protects members from this kind of action by U.S. Marshals yesterday. In fact, the Marshals could have violated this law by their disruption of the session and have been charged with a misdemeanor.

Thursday's action only strengthens our resolve to insist that the U.S House and Senate as well as the U.S. Attorney General immediately launch an inquiry into Alabama's federal justice system to assure Alabama citizens that politics and partisanship have not been used in prosecutions or in the serving of subpoenas. If Republican operatives had any advance knowledge of yesterday's serving of subpoenas at the Statehouse, they should have to testify before Congress under oath." Spearman concluded."



Read more: http://www.huffingtonpost.com/larisa-alexandrovna/alabama-democrats-are-und_b_90913.html

---

This is a GLARING example of a Rogue Justice Department, run amok.. . . . This is another one of those reasons why IMPEACHMENT CAN'T WAIT

[happyslug]

23. This is NOT illegal, it is a violation of any sense of Ethics, but legal

Remember it is STATE law that prohibits arrest of a legislator while in session. The US attorney and the US Marshals are FEDERAL OFFICIALS and as such that state law does NOT apply to them. It is the concept of Federal Supremacy. The State can NOT prohibit the Federal Government or its agents (The US Attorney and US Marshals) from performing they duties.

[happyslug]

28. Further Comments on the State-Federal Issue:

Now the Federal Agents can NOT ignore all State laws. For example when a Letter Carrier delvers drugs and is caught by local police, the local police must follow him as he finish his route then only formally arrest him once he clocks off. When the Federal Sharpshooter killed someone in Montana a few years ago, the local DA arrested him on the state charge of Manslaughter. His trial was in Federal Court (For he was a Federal Agent) but the charge was state (he was acquitted but that is a separate issue).

Now the Federal Government can require its agents to follow state law, for example the Federal Government in the 1990s said it will obey all state laws in regards to smoking, i.e. ban it from the work place if the state does so for itself and private employers. The Federal Government has to follow state laws when it is common to do so (For example drive on the Right side of the Road). The problem occurs when a Federal Employee violates a State Law THAT has not been agreed to be obeyed by the Federal Government. These fall into two categories, the first is a general statute that makes it a crime for even State agents to do certain things (i.e. Murder and other similar criminal behavior). These are rarely contested for the crime is generally clear that even the Federal Government has made them illegal on Federal controlled land. The other is when the power of the State is in question, like this situation. The State restricts itself from doing something, but the federal Government still does that same act. Unless the Federal Government agreed to be covered by that state law, its agents are exempt. That seems to be the case here, the state forbids itself from arresting anyone on the Floor of the State Legislature, but the Feds have NOT so agreed. Thus it is legal for the Federal Government to violate this State Law.

[lovuian]

24. Alabama has no justice its out of control

US Marshals need to remember what justice is and its not politics

[crim son]

27. A uniter, not a divider.

Anybody remember that? And here we are, D & R, at each other's fucking throats.

[blogslut]

31. Why are they serving supoenas to Democratic legislators in Alabama?

Anybody know? What is that about?

[trof]

33. 'Corruption' investigation re 2 year colleges.

And I put 'corruption' in quotes because this appears to have been very carefully orchestrated by Gov. Riley(R-Not Real Bright).
Ably aided and abetted by our own U.S. Attorney for the Northern District of Alabama, Alice Martin (R-Trumped up). She's making quite a name for herself down here.

State legislator is a part time job. All have days jobs too.
Some of the reps also worked for the state 2 year college system. And I'll grant, there may have been some questionable deals.
MAY being the operative word so far.

The main point is that these people were being subpoenaed only to testify in front of a grand jury. They are not charged with any crimes, at least not so far. As I understand it they could have been 'served' by mail or by the local sheriff's office.

One woman who has been charged was 'arrested' by FBI agents at her home while she was in the shower, early in the morning. Her husband was made to wait outside in very cold weather in a T shirt and pants while they went in and cuffed her and took her away. She is a 60-something retired school teacher, apparently beloved by all who know her. She is also a state rep and worked for the college system for a while.
Oh, and she's a Democrat.

You can read about her at Glynn Wilson's Locust Fork Journal.
Google it.

[blogslut]

35. I remember the teacher/legislator getting arrested

So that's about this teacher's case. And the people being subpoenaed are basically just witnesses and Ms. Martin decided to turn the pedestrian act of process serving into a public display on the legislature floor.

[Hissyspit]

39. See Post #38. n/t

[Hissyspit]

38. Here is Scott Horton's coverage of the arrest at Harpers:

http://www.harpers.org/archive/2008/02/hbc-90002293

[HCE SuiGeneris]

32. Kick and Recommend

[fascisthunter]

40. Republicans Can Never Rightly Bitch about the Abuse of Power

This is a prime example.... oh, let's not forget how Dems become political prisoners in their own country because of the GOP!

Seigelman