Siegelman's Travel Restriction Isn't Really New - Except It Is (Email from Siegelman)

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http://www.leftinalabama.com/showDiary.do?diaryId=1678

Siegelman's Travel Restriction Isn't Really New ... Except It Is
by: mooncat
Wed Apr 30, 2008 at 22:47:32 PM CDT

The U.S. District Court in Birmingham Alabama says travel restrictions on Don Siegelman did not change yesterday and have not changed from those set for him as he was awaiting sentencing in 2006.

The only new development, (Cynthia McGough, chief probation officer) said, is that Siegelman recently asked to travel to New Orleans, and the U.S. District Court there requires that special offenders get prior approval to visit.

The court's criteria include offenders of "high notoriety." Siegelman's probation officers determined that he qualified and informed him Tuesday that he would need approval from New Orleans to visit.

"The eastern district of Louisiana lists as special offenders people of high notoriety. That would be Don Siegelman," McGough said. "We do what New Orleans wants us to do regarding travel. We treat him like any other offender."

So, nothing has changed. That is as it should be. Below is an image (sorry, it's a scan of a scan of a fax of a copy, etc.) of the relevant portion of Siegelman's release order. The important parts are underlined in red and the really important bit is underlined in even more red.

- snip -

"Siegelman shall be released on the same terms and conditions as those governing his release pending sentencing." So, as the representative of the Birmingham Court says, Don Siegelman of today should be subject to the same travel restrictions in force between his conviction in 2006 and his sentencing in June 2007, which should be the same travel restrictions in force last week. Is he?

This is from an email Siegelman sent this afternoon:

Here's what happened. On April 29 I was informed by my parole officer that he had received instructions from his superior in Montgomery that I was to be considered a “Special Offender” for travel purposes. I am now required to have permission to travel to any place out side of the Northern and Middle Districts of Alabama. Also, that additional information will be required of me before I travel. For example, I will now have to fill out and file a formal written detailed request to travel with my PO two weeks in advance of travel even if I want to travel to see my lawyers who live in Mobile, Alabama. That request, then has to be forwarded to the federal district into which I seek to travel. Some districts, require an additional 30 day notice before they will even consider my request to come there.

This is contrary to what I had previously been required to do, and,seems to be in contradiction of the 11th Circuit's order for release on bond pending appeal. (See attached order of the 11th Circuit Court of Appeals.)

Probation restrictions from conviction to incarceration were that I could travel anywhere within the state of Alabama without requesting permission and traveling outside the state did not require that I I request travel any specific number of days in advance.

Examples:

Mobile trips to see attorneys, and numerous trips outside of the districts but within Alabama, were permitted without any oral or written requests.
A family vacation to the Virgin Island trip,
Washington DC trip and
A trip to California were all handled by an oral or email request to my PO who then emailed the Judge and he responded to the PO.

There is a vast difference in the conditions for travel, as of yesterday, and the conditions that I was under before sentencing and for over one month after I was released on March 28th by the 11th Circuit Court of Appeals.

1) I am now classified as a"Special Offender", placed in the category of a" Potential Terrorist" or member of "The Mafia" requiring additional scrutiny by the district into which I seek to travel.
The definition of "Special Offender " that I was given reads as follows:
"Individuals identified or associated with ... organized crime such as the Mafia,...persons identified as potential terrorists,kidnappers,members of a supremacy group... offenders of high notoriety, or cases similar nature." The only reason my case is of "high notoriety" is because of misconduct of the government which the U.S. Congress and the Inspector General of the DOJ are now investigating. It not my behavior that gave this case notoriety it was that of the government.

2)I have been given a new form that I have not been required to fill out previously , that I must now fill out and give to my PO at least two weeks in advance for any trip, including requirements of criminal registration and reporting in the district into which I seek to travel. I must also have
.
3)I must seek written permission weeks in advance even to travel into the Southern District of Alabama if I want to see my lawyers.

4)If I am seeking out of state travel, in addition to the two weeks notice I must give my PO, some districts require an additional 30 days notice, however, there is no way for me to know what the rules are in any particular district before I make my request to my PO.

It certainly sounds like his classification, and subsequently his travel restrictions, changed yesterday. Either that or somebody in the Birmingham District Court wasn't following proper procedures before yesterday. Will somebody have to take a fall for the government so they can keep Don Siegelman on a short leash?

- snip -

Action Opportunities:

Donate to Siegelman's legal defense fund -- his Mobile lawyers may have to drive to see him now, and they bill by the hour.

Contact Congress, toll free at 800-828-0498 or 800-614-2803 if you would like to complain about this to your Congressman or to members of the House Judiciary Committee or Chairman John Conyers.

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