Don Siegelman (From Montgomery Advertiser)

The case arose in Washington, D.C. Three men, Joseph Jones, Desmond Thurston and Antwuan Ball, were charged with, among other things, running an “open-air” drug market — essentially a conspiracy to distribute large amounts of drugs. If convicted on that charge, the men would effectively be held liable for all of the drugs dealt by the entire “organization,” much more than any of the men had personally distributed. The jury, however, did not convict on the conspiracy charge, and instead merely found the men guilty of distributing the relatively small amount of drugs that each had personally dealt— between two and 11 grams of crack cocaine. . . .

Nevertheless, the judge accepted the government’s argument and sentenced the defendants as if they had conspired to distribute more than 500 grams of crack, even though they had been specifically acquitted of those charges. The defendants therefore received sentences varying from 15 years to almost 19 years, sentences nearly four times the length of the next highest sentences imposed for similar convictions.

The Court, however, denied certiorari, but not without dissent. Justice Scalia published a vigorous dissent, insisting that it was time for the Court to put an end to this practice. First marshaling precedent, Justice Scalia explained that any fact that increases the penalty to which a defendant is exposed is essentially an element of a crime, and therefore must be proved to a jury, not a judge. The Court has also held that a substantively unreasonable sentence is unconstitutional and must be set aside. It follows, then, according to Justice Scalia, that “any fact necessary to prevent a sentence from being substantively unreasonable — thereby exposing the defendant to the longer sentence — is an element that must be either admitted by the defendant or found by the jury.” Because the defendants argued that their sentences were only reasonable if the conspiracy was considered relevant conduct that could increase the Guideline penalty, the Sixth Amendment was implicated. Justice Scalia then closed by insisting that the Court should have taken this opportunity to “put an end to the unbroken string of cases disregarding the Sixth Amendment.”

Justice Scalia was not alone in his dissent. In fact, criminal cases can often lead to unusual lineups of Justices, and this case was one such example. Joining Justice Scalia in his dissent from denial of certiorari were Justices Thomas and Ginsburg. Given just one more vote, then, the Court would have granted certiorari to resolve this important issue.

Antonin Scalia (From Mother Jones)

"It is hard to believe we live in a country where justice is just a game.” Bob Dylan

"U.S. Citizens do not have a constitutional right not to be framed": The U.S. Solicitor General, January 4th, 2010, in an argument to the U.S. Supreme Court defending Iowa law enforcement in a civil suit by two men who spent 25 years in prison for a crime they didn't commit. They were intentionally framed.

Today, the U.S. Supreme Court gives its stamp of approval to the practice of allowing judges to add years to a defendant's sentence for matters a jury found the defendant innocent!

We criticize North Korea, China and other countries for human rights violations while turning a blind eye to our own.

Today's U.S. Supreme Court decision is so extraordinarily shocking and is an example of America's democratic hypocrisies.

116 former state Attorneys General and The Constitution Project argued that a jury decision is final, that the U.S. Constitution gives the people, speaking through a jury, the final decision on guilt or innocence. The U.S. Supreme Court has thumbed its nose at justice."

Don E. Siegelman

Governor of Alabama, 1999-2003

Gov. Robert Bentley and Rebekah Caldwell Mason (From HBTV.us)

In a capital where almost anything can turn contentious, there has mostly been a consensus on a matter of housekeeping for close to two decades: A rehabilitation of a ramshackle governor’s mansion on the gulf coast would be political folly.

So when Gov. Robert Bentley’s office acknowledged last month that Mr. Bentley, a second-term Republican, was renovating the home with up to $1.8 million that BP gave the state after the 2010 oil spill in the Gulf of Mexico, it was something of a jolt, particularly because the property in Baldwin County is intended only as a retreat for governors.

Mr. Bentley, who cannot seek a third consecutive term, is making no apologies for the decision, which provoked debate about BP’s payouts after the spill; questions about what a state short of cash is doing supporting an executive escape; and testy posts on social media by the governor and the state auditor, a fellow Republican.

“If this were a house in the woods in North Alabama, nobody would think anything about it,” Mr. Bentley said in an interview last week. “It just sounds more elaborate when it’s on the beach. But it’s a state-owned property, and it is our responsibility to repair state-owned properties.”

State officials, citing security concerns, have been reluctant to disclose details of the renovation. Many of the plans were contained in a handsome portfolio that architects presented to Mr. Bentley, who said he wanted the project completed in time for a Memorial Day event for veterans.

But the governor forcefully denied Mr. Zeigler’s assertion on Facebook that he sought upgrades to the property only after a divorce in which he lost two beach houses.

“We’ve been working on this for a long time. All right?” Mr. Bentley said with a trace of anger as he gestured toward the plans, which were dated Aug. 27. Mr. Bentley’s wife, Dianne, filed for divorce on Aug. 28; the couple had been separated since January, according to a court document. (The governor’s office disputed the separation date, which was included in Dianne Bentley’s divorce complaint, and said Monday that the couple lived together until late August.)

Mr. Bentley made a similar case on Twitter in December, when he said Mr. Zeigler was “lying” and complained about news outlets publishing the auditor’s allegations. Mr. Zeigler, for his part, stood by — and often repeated — his charge.

Alabama beach mansion (From rt.com)

Alabama Governor Robert Bentley had a poor 2015, having divorced from his wife of 50 years in the midst of a widespread rumor that he’d had an affair with a key aide. Bentley has something to look forward to this year, though: a newly rebuilt beach house. But about that. . . .

The distastefulness of a state governor souping up a beach house via funds nominally dedicated to repairing a vital environmental region after a historically damaging disaster is obvious to everyone involved. . . .

But it is on the beach, and that specific detail has piqued the interest of one official close to the money: state auditor Jim Ziegler. Ziegler’s theory is that Bentley isn’t fixing the mansion because of a responsibility to the state or so that, as Bentley states, it can be used for events that will foster economic growth in Alabama. Instead, in a statement written before Christmas, Ziegler offered that Bentley’s interest in the mansion stems from the fact that the governor lost possession of two beach homes in the divorce from his wife.

Bentley now has to refute not only that he’s immorally diverting money, but that he’s doing it for a deeply personal reason. The governor attempted to provide evidence contrary to Ziegler’s theory to the Times, saying that his office has been working on refurbishing the beach retreat for “a long time.” To that end he showed reporter Alan Blinder plans dated August 27. That date is especially curious because, as Blinder notes, Bentley’s wife filed for divorce one day later.

In a separate statement to AL.com, a Bentley spokesperson said that the governor recently purchased his own property on the same peninsula that houses the rundown governor’s mansion. Maybe that is so, but it doesn’t obscure an unchangeable fact as Bentley moves on from the twin loss of his previous beach homes: one plus one equals two.

I am convinced that the distinctive title is a major reason this blog has resonated with more people than I ever dreamed possible.

In fact, an individual who has been the subject of quite a few posts here recently told me, "You know, people ask me all the time about Legal Schnauzer. And I think that title is one reason. It seems to connect with people."

Needless to say, those words warmed my heart. That's because this blog never has been about the anger, frustration, and fear we've experienced at the hands of our broken justice system--although those certainly are key elements to the story. At the risk of becoming overly ethereal, Legal Schnauzer has been, for the missus and me, like a divine calling.

It really is inspired by Murphy Abigail Shuler, the miniature schnauzer who was a guiding light in our lives from the day we adopted her in March 1993 until her death on January 14, 2004. She was with us, literally, through the first four years of our trip through legal hell. She is with us, spiritually, today.

I don't pretend to know the answer to weighty questions about our pets. But I know what my wife and I hope--and believe. A heaven without Murphy and our other animal friends would not seem, well, all that heavenly.

Have you ever wondered about the special senses animals have? For 11 years, I knew that Murphy could see and hear and smell things in a way that I could not. But I also suspect she could sense our Creator in a way that I could not.

Many times I wonder exactly what my mission is in this time and place. I hope I'm a fairly decent husband, son, and brother, and I like to think I'm considered a reliable employee and coworker. I hope a few people consider me a friend worth having.

Murphy and her mom at Gulf Shores, Alabama

But I think Murphy knew exactly what her mission in this life was. And I think she sensed that from a higher power every day. Without that kind of connection from above, I don't know how she could live with the faith and trust that she displayed on a daily basis.

We humans struggle to discern our missions. And even when we think we've found them, we are easily distracted, easily turned in other directions. My sense is that Murphy never veered from the path she was meant to be on.

Maybe our favorite "Murphy Song," appropriately enough, came from a band whose roots are firmly planted in Tuskegee, Alabama. It was inspired by the Girl's solid little build. We've read that some miniature schnauzers weigh in the 10- to 12-pound range. But that wasn't our girl. She was 18 to 20 pounds of solid muscle. "Murph, you're built like a brick s--thouse," one of us said one day. That prompted us to try our version of this Commodores classic:

John Archibald

Don Siegelman

If we know one thing at all by now it is that Mike Hubbard will serve Mike Hubbard first. He will cling to the power he believes he rightfully claimed for himself from the Democrats and all the forces marshalled against him. He will hold to that power as long as he has fingernails to sink into it. Because he is just like every other politician who grabs hold and cannot let go.

He's just like those he ridiculed when he himself staked a claim to public service.

Like convicted Democratic former Gov. Don Siegelman.

They both refuse to acknowledge fault. They both refuse to accept responsibility. They point and blame, because they always used government as a way to service themselves privately instead of using it provide the public service they promised.

I've been asked a lot lately, in the wake of the gay marriage debate, what the next great civil or human rights battleground will be. And I think this is it.

Justice. And all that means.

It is the use of force by police. It is the fairness of justice for the rich and the poor alike. The battle is simmering now, in places like Ferguson and Madison, and more quietly in courts like those in Childersburg and Clanton, where the smallest of traffic offenses can lead to jail time for those who cannot pay immediately.

Mike Hubbard

Joseph Siegelman (From wiat.com)

The son of former Alabama Governor Don Siegelman is suing the Office of Professional Responsibility, a branch of the United States Department of Justice. Siegelman is serving a federal sentence for bribery and conspiracy at Oakdale Prison in Louisiana.

Siegelman’s son, Joseph Siegelman, is suing for records obtained during the Office of Professional Responsibility’s, or OPR’s, investigation into Siegelman’s prosecution and conviction. The OPR investigates Department of Justice attorneys accused of professional misconduct.

The filing states that the OPR opened an investigation after multiple national media outlets reported on the Siegelman case and raised questions about the prosecution. These outlets reported prosecutors placed undue pressure on witnesses, communicated with the jury, communicated privately with the judge, and withheld evidence from the defense.

The lawsuit also notes an article written by the Project On Governmental Oversight. That article mentioned a letter summarizing the OPR investigation. That letter reportedly includes admissions from “several” officials who acted improperly.

In June 2015, Joseph Siegelman filed a Freedom of Information Act, or FOIA, request for the OPR findings. The OPR denied that request based on an exemption for inter- or intra- agency memos or letters, an exemption for personal privacy interests, and an exemption for records compiled for law enforcement.

Joseph Siegelman says the OPR is wrong in [its] reasoning and is illegally withholding the information. He has requested a trial before a federal jury. Don Siegelman’s release date is set for August 8, 2017.

On December 11, 2014, the Project On Government Oversight (“POGO”), an independent nonpartisan non-profit organization, published an article entitled, “Justice Department Downplays Evidence of Politics in Probe of Governor.” The article discussed a letter sent from the Office of Legislative Affairs of the DOJ to the Honorable John Conyers on June 3, 2010 which purported to summarize the findings of OPR’s investigation.

In that letter, the DOJ admits that “several” of its officials involved in the Siegelman case acted improperly.

Among those officials was the Assistant U.S. Attorney (“AUSA”) in charge of the Siegelman prosecution who communicated directly with the campaign manager of Mr. Siegelman’s gubernatorial opponent. The letter discusses an email from the AUSA to the campaign manager informing him that the AUSA “and a small group of like-minded conservative prosecutors” within the U.S. Attorney’s office were pursuing Siegelman.

Rob Riley

Among those officials was the Assistant U.S. Attorney (“AUSA”) in charge of the Siegelman prosecution who communicated directly with the campaign manager of Mr. Siegelman’s gubernatorial opponent. The letter discusses an email from the AUSA to the campaign manager informing him that the AUSA “and a small group of like-minded conservative prosecutors” within the U.S. Attorney’s office were pursuing Siegelman.

A federal prosecutor communicated with prominent Alabama Republican Rob Riley during the investigation of former Democratic Governor Don Siegelman, according to a report released yesterday.

Riley was serving as campaign manager for his father, Bob Riley, who was Siegelman's chief political opponent at the time. The revelation seems to support claims that Siegelman supporters have been making for years--that unlawful political motivations played a pivotal role in the prosecution.

Adam Zagorin wrote the article, titled "Justice Department Downplays Evidence of Politics in Probe of Governor," for Project On Government Oversight (POGO). The information about Rob Riley is included in a letter, dated June 3, 2010, from Assistant Attorney General Ronald Weich to U.S. Representative John Conyers (D-Mich.), who was then chair of the House Committee on the Judiciary. (See full letter at the end of this post.)

A Justice Department internal affairs unit, the Office of Professional Responsibility (OPR), was critical of several government attorneys involved in the Siegelman case, but concluded that the evidence "did not establish that political motivation played a role" in the case.

Here is Zagorin on the communications between a member of the prosecution team and Rob Riley:

"In 2002, during the Justice Department’s investigation of Siegelman’s administration, a federal prosecutor emailed the son and campaign manager of Siegelman’s principal Republican opponent updating him on the confidential probe, according to a Justice Department document obtained by the Project On Government Oversight and reported here for the first time.

"In the email, the prosecutor said he had been “thwarted” after starting an investigation “into the Siegelman administration.” He added that it was “frustrating for me and a small group of like minded conservative prosecutors” to “fight the tide in order to do the job we are sworn to do.”

In listing the people OPR interviewed, the Justice Department letter summarizing the probe does not name Rob Riley, the son of and campaign manager for Siegelman’s political rival Bob Riley and the recipient of the “like minded conservatives” email. As a result, it is unclear whether OPR contacted him.

The DOJ letter also offers no indication of why the prosecutor emailed Riley in the first place, and on whose instructions, if anyone’s. Nor does it say whether Riley replied or took any subsequent action. It does not explain how the “small group of like minded conservative prosecutors” fit into the picture, or why the prosecutor injected his own political leanings and those of his colleagues into the matter.

John Conyers (From politics365.com)

“I do not recall receiving the email in 2002, but I had nothing to do with the U.S. Attorney’s Office pursuing charges against Don Siegelman,” Rob Riley told POGO, noting that the contact would have occurred more than a decade ago. “I also do not recall being contacted by OPR one way or the other.”

By an 8-1 vote the U.S. Supreme Court declared Florida's capital sentencing scheme unconstitutional, saying in death penalty cases juries – not judges – must spell out at least one reason why the defendant should be put to death.

Under the old system, jurors listened to evidence then voted on whether to recommend life in prison without the possibility of parole or death. Their decision did not need to be unanimous.

The final decision was left to a judge.

In Tuesday's majority opinion, Justice Sonia Sotomayor wrote that by having the judge make the final decision, Florida was violating a defendant's right to be tried by a jury of his peers.

The test case involved Timothy Lee Hurst, who was convicted of murdering his boss in a Pensacola Popeye's restaurant in 1998.

The U.S. Supreme Court did not convert his sentence of one of life in prison. It merely threw out his death sentence. He is still a convicted murderer. It's now up to the state to figure out what sentence to mete out and how to do it.

Sonia Sotomayor

In the Siegelman case, now-disgraced Judge Mark Fuller sentenced the former governor for acts the jury had acquitted Siegelman of. In the recent death penalty case, styled Hurst v. Florida, the Supreme Court overturned Hurst's death sentence and struck down part of Florida's capital punishment system because the judge unilaterally imposed the death penalty after the jury merely recommended by 7-5 vote that Hurst be executed.

We discuss how this principle should have been applied to the Siegelman appeal, which was based on Fuller's over-sentencing of Siegelman.

We also talk about President Obama's failure to pardon or commute Siegelman's sentence, and the former governor's recent stretch in "the hole" after prison officials abruptly cut off an interview he was doing with a substitute host on the Thom Hartmann radio show. We discuss the new documentary expected this summer that recaps the layers of injustice in this case, which will be narrated by Martin Sheen.

Hackers who stole customer information from the cheating site AshleyMadison.com dumped nearly 10 gigabytes of data to the dark web this year, fulfilling a threat to release sensitive information including account details, log-ins and credit card details, if Avid Life Media, the owner of the website didn't take Ashley Madison.com offline permanently.

In August, the group who hacked into Ashley Madison, doubled down, posting what appears to be another 20 gigabytes of data — including the CEO's emails.

Analysis of the email addresses in the databases show that most come from webmail providers, said Robert Hansen, vice president of WhiteHat Labs at the computer security company WhiteHat Security, which independently studied the data.

The top most-used domains were Gmail.com, with 8.7 million, Yahoo.com with 6.6 million, Hotmail with 6.2 million and Aol.com with 1.2 million, Hansen found.

Surprisingly, there were at least 13,000 addresses from military and government emails with .mil and .gov addresses.

The breach of AshleyMadison.com, a site that touted itself as the premier platform for married individuals seeking partners for affairs, was loud and flashy and deserves the award for brazenness. Exactly one month after their hack of the cheating site went public, the hacker or hackers behind the breach made good on a threat to release sensitive company data, dropping more than 30 gigabytes of internal company emails and documents, as well as details and log-in credentials for some 32 million accounts with the social networking site. The data included names, passwords, addresses, and phone numbers submitted by users of the site. Although many of the personal account details were fabricated by users to remain anonymous, the hackers also released seven years worth of credit card and other payment transaction details, which exposed the real names and address of many customers. Reality TV star Josh Duggar was among those exposed by the breach. The company has been hit with several lawsuits from irate customers who accused the cheating site of being negligent in protecting their data.

Headlines in tabloids and even so-called respectable newspapers – think of the Anthony Weiner sexting scandal – and gossip television shows underscore America's fascination with unfaithfulness. In recent years, websites devoted to relationships, including match.com and JDate, have become publicly traded companies (the latter's parent company's ticker symbol: LOV). America has plenty of "sin" businesses – gambling, liquor and cigarette companies are pillars of the New York Stock Exchange. Even the American Association for Retired People, better known for tips on arthritis and prostate screenings, reports a steep drop in the percentage of members who think nonmarital sex is wrong – to 22 percent in 2009, from 41 percent a decade earlier. "Ashley Madison is attracting people who may have always been inclined to cheat," says Peggy Drexler, an assistant professor of psychology in psychiatry at Weill Medical College at Cornell University. "But the site is also providing a previously unavailable opportunity to those who might in years past have chosen not to cheat. . . . "

American investors who get in on Ashley Madison would join a clutch of Canadian hedge funds that have already made a killing, raking in over $90 million in cash dividends since 2009, Biderman says. But like a cheating spouse, those Canadian investors don't want their identities known. Ashley Madison"is a remarkably good business," says one money manager at a Canadian asset management firm with $1 billion in assets who declines to name himself or his firm, citing fears of a public backlash. He says his firm has made 25 percent a year on its stake since investing in 2008. "It's recurring, has high margins, high free cash flow, requires little capital, has a rock-like balance sheet and is exceptionally well run by its passionate CEO."

Noel Biderman

Bill Upton, president of Vulcan Steel Products

Gincie Walker Upton

Q: Is Gincie Walker the only time you've had sexual intercourse with anyone during your marriage other than Linda [Upton]?

A: [William D. Upton Jr.] Yes.

1. The Husband openly admits his infidelity with a mental patient/former sibling of the minor children, who are now constantly exposed to their father's romantic relationship with the woman and who are clearly suffering as a result of this Court's Order awarding primary custody to the husband; who has never been the primary care-giver of the children.

Gincie Walker had grown up in an abusive home in Shelby County before settling into the Upton family when she was about 11 years old. Linda and Bill Upton have one biological son and had adopted or fostered a number of special-needs children over about a 20-year period. Court records state that Gincie Walker has multiple-personality disorder, and she was in her mid to late 20s when the affair with Bill Upton started; she now is in her early 30s.

The Uptons never officially adopted Walker, but they parented her throughout adolescence and well into early adulthood. Sources state that she was treated as, and seen as, the Uptons' daughter.

The shooting of Laquan McDonald in Chicago

Carol was trying to enter our apartment to retrieve some of our belongings, as she had been told she could do. Specifically, she was trying to get our cat's litter box and was headed to the front door for that purpose, when a deputy jumped her. I saw the whole thing from about 15 feet away, while seated in the driver's seat of our automobile, which was parked in the driveway. Arnott saw it from a vantage point about 10 feet closer than mine.

And what was the sheriff's immediate reaction to seeing one of his deputies brutalizing a 55-year-old woman who was trying to get her cat's "latrine"? Arnott's response was to lie. He pointed at Carol and said, "She assaulted a police officer."

That statement is absurd to anyone who witnessed the event. And it's even more absurd when you consider that Carol wound up with a severely broken arm that required surgery, and there is no indication that any of the half dozen or so officers on hand--armed with at least one assault rifle and numerous handguns--suffered the slightest scratch.

Because of Arnott's lying eyes--and lying tongue--(Carol) apparently was going to be charged with assaulting a police officer. The deputy who drove her to the jail told her she was facing a felony and likely a $100,000 bond.

At some point, Carol (likely in shock; she would receive treatment with oxygen) announced that her arm was killing her. Someone finally took notice, decided this might be serious, and had her transported to Cox North Medical Center, a few blocks from the jail.

Carol Shuler

In December 2014, the department officially recorded the shooting as a justifiable homicide.

"McDonald committed aggravated assault against the three officers, finally forcing Officer Van Dyke, in defense of his life, to shoot and kill McDonald," according to a report of that determination.

Again and again in reports, Van Dyke's account is supported by the other officers at the scene, each one describing the teen as a threat to the veteran cop. Four officers claimed that McDonald advanced toward Van Dyke, even though the video shows him walking away. Two others said he turned or raised an arm toward him

How police viewed the shooting, though, was clear. In the report that closed the investigation, filed in March, a detective offered this terse assessment.

"Criminal attacked officer," the report says, "that officer killed criminal."

U.S. Judge Myron Thompson

In fact, public records show that the federal bingo trial resulted in no convictions mainly because Thompson presented clear, detailed jury instructions that dovetail with actual law.

It's not, of course, that public officials accused of bribery, extortion, and the like always should go free. But the standards for convictions in the context of campaign contributions, Thompson writes, must be strict so as not to conflict with First Amendment guarantees. Courts, however, have repeatedly used poorly defined terms that make it impossible for public officials, campaign donors, and the public to understand the line between lawful conduct and a federal crime.

In his opinion, Thompson cites the jury instruction he used in the Alabama bingo trial and shows how it fits with, and illuminates, the case law that has come to govern such issues. Here is the key component of the jury instruction Thompson says should be used consistently in public-corruption cases. It focuses on the definition of a "quid pro quo" (this for that), which must be present under the law for actions to be criminal:

"Therefore, the solicitation or acceptance by an elected official of a campaign contribution does not, in itself, constitute a federal crime, even though the donor has business pending before the official, and even if the contribution is made shortly before or after the official acts favorably to the donor.

"However, when there is a quid pro quo agreement, orally or in writing, that is, a mutual understanding, between the donor and the elected official that a campaign contribution is conditioned on the performance of a specific official action, it constitutes a bribe under federal law. By this phrase, I mean that a generalized expectation of some future favorable action is not sufficient for a quid pro quo agreement; rather, the agreement must be one that the campaign contribution will be given in exchange for the official agreeing to take or forgo some specific action in order for the agreement to be criminal. A close-in-time relationship between the donation and the act is not enough to establish an illegal agreement."

Fuller's jury instruction did not require an explicit agreement as outlined in McCormick, much less one that had to be stated orally or in writing. Fuller let the jury believe that an agreement could be implied or inferred. The Eleventh Circuit inexplicably allowed the unlawful jury instruction to stand--and the U.S. Supreme Court refused to review the matter.

Appellate courts simply have not done their jobs on the Siegelman case, causing a massive misuse of public funds that should draw Congressional review.

Consider the Eleventh Circuit: Its own rules (Rule 35, Federal Rules of Civil Procedure) state that the purpose of en banc review is "to secure or maintain uniformity of the court's decisions" or to address panel decisions that are in "direct conflict with precedent of the Supreme Court or of this circuit." The three-judge panel's ruling in Siegelman clearly conflicts with McCormick, it conflicts with the circuit's own findings in U.S. v. Davis, 30 F.3d 108 (11th Cir., 1994), and it destroys any semblance of uniformity on the pertinent law. But the full Eleventh Circuit declined review.

Consider the nation's highest court: U.S. Supreme Court Rule 10 states that certiorari review is properly considered when "a United States court of appeals has entered a decision in conflict with the decision of another United States court of appeals on the same important matter." The Eleventh Circuit's finding in Siegelman conflicts with McCormick, with Davis, and with similar rulings in other circuits. So why did the Supreme Court punt on Siegelman? To be sure, certiorari review is at the court's discretion; it's not a matter of right. But perhaps we no longer need a Supreme Court if it is not going to hear critically important cases that so clearly meet its own criteria.

It is often true that “unexamined assumptions have a way of becoming, by force of usage, unsound law."McCormick, 500 U.S. at 280 (Scalia, J., concurring). In the public-corruption context, courts have been particularly lax in the use of certain words–-explicit, express, agreement, promise, and quid pro quo-–that should have clear legal meanings. Imprecise diction has caused considerable confusion over the scope of federal corruption laws as applied to campaign contributions. Uncertainty in this area of law breeds corruption and chills legitimate political speech.

Ted Cruz and gay real-estate executive Mati Weiderpass

Ted Cruz and Marco Rubio appear to have more things in common than merely their Cuban heritage. After Donald Trump launched a blistering attack on GOP presidential hopeful Cruz, Cruz responded by questioning Trump's "New York values." Trump cautioned Cruz by saying that while the junior senator from Texas claimed he did not care for New York values, he certainly was willing to accept New York campaign contributions. An examination of Cruz's financial support from New York yields close connections between the Christian evangelical, who has condemned homosexuality as a sin, and some of New York's top gay financiers and real estate moguls, all of whom are also major supporters of Israel. And one other "problem" for Cruz: there is a dead body involved.

After staking his political career on bashing equal rights for gays, including pushing for a constitutional amendment allowing states to ban gay marriage, on April 20, 2015, Cruz and his wife Heidi, a Goldman Sachs executive, were feted at a reception at the 230 Central Park South mega-townhouse of one of Manhattan's most well-known gay entrepreneurs, Ian Reisner, who was joined by his one-time partner, Mati Weiderpass. Reisner is a co-founder of Parkview Developers and a former managing director of the Bank of America and derivatives trader for Salomon Brothers. Weiderpass is a military veteran and former marketing manager for Swatch. At the reception, Reisner, who, as of last year, was a registered Republican, handed Cruz a check for $2700, the maximum amount permitted under federal election law. Reisner and Weiderpass previously donated to former New York Mayor Rudy Giuliani's presidential campaign. Among Reisner's and Weiderpass's circle of friends is Ken Mehlman, the former Republican National Committee chairman who is also gay.

The mid-town reception was not the only Cruz connection to New York's Wall Street gay community. Cruz has stated that openly-gay San Francisco investor Peter Thiel, is a good friend of his. Other gay New York businessmen also attended the political bash at the Reisner townhouse.

Six months [before the fundraiser], a 23-year old bar manager named Sean Verdi had been found unconscious in a bathtub in Reisner's townhouse, the very same private apartment where the Cruz reception was held. Verdi's social media pages referred to his fondness for parties in New York and Florida.

A half hour after emergency medical personnel arrived at Reisner's residence, Verdi was pronounced dead, reportedly from a drug overdose of a combination of cocaine and Ecstasy. The New York City medical examiner later concluded that Verdi died from acute intoxication from the ingestion of alcohol, ketamine, MDMA [Ecstasy], and ethylone. Reisner and Verdi, along with two other men, left the Bar-Tini Ultra Lounge in Hell's Kitchen, where Verdi served as manager, on the evening of October 29, 2014, for Reisner's townhouse. After Verdi became sick, Reisner claimed he put Verdi into the shower and then into the bathtub, where he was later found unconscious the next morning. The incident was publicized in the New York media, however, Cruz and his wife still agreed to attend a political reception at a location where an extremely suspicious incident had taken place a half-year earlier. After Verdi's death, Bar-Tini went out of business.

After liberal gays found out about the Cruz reception, they immediately castigated Reisner and Weiderpass, even organizing a boycott of their gay-oriented businesses, which include the "Out NYC" hotel in Hell's Kitchen and the Pavilion nightclub and Sip-n-Twirl bar, both gay entertainment locales; the Blue Whale restaurant; and the Botel hotel in Fire Island Pines on Long Island. The Fire Island resort has been a longtime center for the production of gay porn and drag queen shows. Reisner's liaison to the Fire Island business community is Omar Sharif, Jr., the gay grandson of the late Egyptian actor. Reisner's plans include opening an Out Hotel in Chicago in Boy's Town, the gay entertainment district that, in the past, attracted such notable politicians as former GOP Representative Aaron Schock, then-congressman Rahm Emanuel, and an Illinois state senator named Barack Obama.

After being taken to task by New York's powerful and liberal gay community for hosting Cruz, Reisner defended the reception by claiming it was to thank Cruz for his unwavering support for Israel. The reception for Cruz was not Reisner's only fundraiser for an anti-gay Republican. The real estate magnate had also hosted a reception for Wisconsin's anti-gay GOP senator Ron Johnson. New York's politically-active gay community is sometimes called the "Lavender Mafia," because of their power and influence. While most of this mafia is liberal, there are those who support conservative causes and candidates. Former Texas Republican Governor Rick Perry, who recently endorsed Cruz, was involved with Texas's influential conservative Lavender Mafia and, as WMR previously reported, Perry himself is a member of that same grouping of conservative but closeted gay politicians.

Don Hall, former mayor of Hartselle, Alabama (From hartselle.org)

Local news outlets report that Hall resigned one day after city officials scheduled a meeting to consider what actions they could take after his name appeared on a list linked to the website intended to facilitate cheating. Hall denied using the website and said he doesn’t know how his name got on the list. Hall said he performed all his duties as mayor and would step down because he believed it was best for the city.

Looking for that special person who is not afraid to step out side the box and develop a special discreet friendship. Would love to find someone that would like to share some special time together, not just a one time only . . .

1803 Hayes St SW Hartselle, AL 35640

Earlier this week, The Washington Post reported the names of other political and public officials whose names were included in the Ashley Madison leak, including Florida state prosecutor Jeff Ashton, Louisiana Republican Party Executive Director Jason Doré, Australian City Councilman Craig Ogilvie and Baton Rouge, La., City Councilman Ryan Heck.

Marco Rubio, as part of a Chippendales/Village People dance troupe (From Wayne Madsen Report)

In 1989, a year before Rubio was arrested with his friend Angel Barrios and another unidentified male friend in Alice Wainwright Park in south Miami, ostensibly for drinking beer in a car after closing time in a park known as a pickup locale for gays, Rubio sang and danced in a South Miami High School troupe. The song and dance troupe was based on the Chippendales but with a very gay theme: half Chippendales and half Village People. Rubio omitted his participation in the dance troupe in his biography, "American Son."

After flunking out of Tarkio College in Missouri, Rubio returned to Miami where he hung around with his old high school friend Barrios. Barrios started an on-line gay porn business called Flava Works, which is still in business today live streaming sexual acts between black and Latino men.

In order to prepare for the University of Florida, Rubio attended Santa Fe Community College in Gainesville. Republican sources have told WMR that Rubio, Barrios, and two other students shared a townhouse in Gainesville that was known locally as a "coke house," where cocaine was readily available, as were almost non-stop parties in what amounted to an off-campus gay frat house. In 1987, Rubio's brother-in-law, Orlando Cicilia, was busted by the Drug Enforcement Administration (DEA) for his role as a key figure in a cocaine smuggling ring in south Florida.

A man believed to be Marco Rubio at a South Beach "Foam Party" in 1995 (From Wayne Madsen Report)

"The scene generally features several hundred scantily clad bodies packed onto a dance floor and writhing to bone-rattling music under strobes and colored lights. Nothing new, right? Until suds come gushing out of a machine suspended over the dance floor. As if on cue, various forms of passionate embrace begin. Kissing. Petting. Rubbing. Because the foam froths up waist high, it acts both as a lubricant and camouflage. Mutual masturbation is an occasional component, generally beneath the cover of foam. As the evening wears on, a few men pair off and sit together in the foam that builds up outside the partitioned-off area."

Baron Coleman (From spotonstrategiesgroup.com)

Riley was making what many speculate was millions of dollars off of Hubbard’s time as Speaker, and Hubbard was left with his $70,000 a year Speaker’s salary, his wife’s $145,000 a year job at Auburn University, and an ultimatum from Hubbard’s employer IMG that he either leave politics or lose his job.

That is why Hubbard initially dropped hints and later seethed with rage about his finances. That is why Hubbard repeatedly asked if there was a way he could come work for Bob Riley and Associates. That is why Hubbard threatened to quit and walk away from politics if he couldn’t come up with a way to make more money.

He wasn’t broke. That was a lie. Hubbard’s August 2012 financial statement states Hubbard had a net worth of close to $7.8 million and liabilities of only about $600,000. It is irrational to conclude that with a $7.8 million net worth and a bare minimum of $215,000 a year in combined tax-payer funded salary between Hubbard and his wife, he would need to harass the rich and powerful with requests for business opportunities to avoid financial ruin.

Hubbard’s bizarre behavior was not motivated by greed or poverty; it was motivated by anger and envy.

On February 2, Coleman claimed he had between 50 and 100 conversations with Matt Hart, Chief of the Special Prosecutions Unit. “These conversations were in reference to the Mike Hubbard investigation, and the Lee County Special Grand Jury,” Coleman said in his sworn statement to the court.

Coleman was subpoenaed to testify at the first evidentiary hearing Judge Waker ordered on prosecutorial misconduct on October 26, 2015. In his motion to quash, Coleman said he had nothing to testify to and referred to his subpoena as “nothing more than an impermissible, improper fishing expedition.”

In his motion, Coleman stated to the court, . . . "the Defendant has no basis to know what testimony Coleman could provide. Thus, the Defendants’ subpoena is nothing more than an impermissible and improper fishing expedition designed to get around the rules of discovery in his criminal trial.”

For over two years, Coleman has been a fierce critic of Hubbard in his writings, on radio, and TV, and a staunch defender of Hart, and the prosecution. Coleman’s perceived turnabout has sent tongues wagging around, not only the State House, but around the entire State.

In his affidavit, he alleges Hart threatened to bring him before a grand jury after it was rumored he had passed along information he claims he received from Hart, to his former law partner, then Rep. Joe Hubbard (D-Montgomery). He claims he came forward, in part, because he was “recently contacted by law enforcement, and met with them in reference to how and why I received grand jury information from the Lee County Special Grand Jury, and with regard to the conduct of Matt Hart in the Hubbard case.”

Coleman’s statements have been welcomed by the Hubbard camp, while he has been roundly denounced by others.

Judge Jacob Walker III

Adams White Oliver Short & Forbus can trace its roots to the law practice of Jacob Walker, Sr. Jacob Walker, Sr. graduated from Alabama Polytechnic Institute, what is now Auburn University, in 1908 and then attended the University of Chicago Law School. After graduating from the University of Chicago Law School, Mr. Walker, a native of Alexander City, returned to his home town to practice law. In 1915, Mr. Walker moved his young law practice from Alexander City, Alabama to Opelika, Alabama and began practicing law with Reid Barnes. In the late 1930's, Mr. Walker bought a vacant lot next to the Lee County Courthouse and in 1940 constructed a building to house his law practice. In the newspaper article announcing the construction of the office building by Mr. Walker, it was reported that the “blue prints of the new Walker Building indicate that Opelika will have one of its handsomest business structures” in the region and that the plans for the interior were of the “very latest designs for the elegant furnishings to be arranged.” The article continued to explain that the building “will be strikingly beautiful, one of the finest designs of any building in the city. When completed, this will make a wonderful improvement in the courthouse block. ”

In 1948, Mr. Walker was joined in the practice of law by his son, Jacob Walker, Jr., and they began practicing law under the name of Walker & Walker. Phil Adams joined the firm in 1969 and continued to practice law with Jacob Walker, Jr. until Jacob’s retirement in December of 2001. Over the years the firm changed its name but its members continue to practice in the same “strikingly beautiful” Opelika location.

Cecily McMillan (From wsj.com)

Carol Shuler

Though Rialmo is planning to file a civil lawsuit for his emotional distress, it is not uncommon for police officers to criminally charge victims of brutality with assault, a tactic known as a “cover charge.” New York City prosecutors even charged an unarmed police shooting victim with felony assault, for causing police to accidentally shoot bystanders when they were aiming for him.

Occupy Wall Street activist Cecily McMillan has been sentenced to 3 months in jail and five years probation for assaulting a police officer, a charge that sparked outrage and protests earlier this month. McMillan, who said she threw her elbow up behind her instinctively after the officer groped her breast, faced up to seven years in prison for felony assault. The perceived injustice inspired multiple petitions on McMillan’s behalf and close public scrutiny — but could the 25-year-old graduate student’s case help bring attention to others like her?

Despite medical photographs of McMillan’s bruises, including a hand-shaped mark on her breast, Officer Grantley Bovell said McMillan attacked him unprovoked, and prosecutor Erin Choi said McMillan’s claims were “so utterly ridiculous and unbelievable that she might as well have said that aliens came down that night and assaulted her.” Grainy cell phone footage of the altercation makes it unclear whose version of events is accurate.

McMillan’s conviction sparked a flurry of media coverage and a protest in Zuccotti Park. But her predicament is unfortunately quite common. Police often charge victims of brutality with anything from assault to disorderly conduct to discredit their claims of police misconduct. While it is nearly impossible to compile exact statistics on this practice, sometimes called “cover” arrests, video recording has helped expose a number of cases where police have wrongfully charged people or fabricated police reports to justify violence.

X-ray of Carol Shuler's broken arm

For instance, another Occupy activist was cleared last year of charges that he “charged the police like a linebacker” after video footage showed cops tackling him as he was trying to get up. In another high profile case, police charged two University of Maryland students with felony assault, claiming they attacked officers on horses after a basketball game. A month later, a video emerged showing the cops beating an unarmed student with batons over a dozen times for no apparent reason.

Abdul Kallon (From al.com)

I could write a 100-page treatise on the reasons I have come to hold Barack Obama in utter contempt. They all have to do with Obama's stupefying failures on justice issues, which were driven home again last week by the resentencing of former Alabama Governor Don Siegelman to almost six years in prison for "crimes" that do not exist under the law.

As a resident of Alabama, I see the Siegelman fiasco as clear evidence that a modern strain of Stalinism has come to the American South. But on an even more personal level, my disdain for Obama can be summed up in two words--Abdul Kallon.

Probably the single most important personnel decision Obama has made in our state was the appointment of the 43-year-old Kallon as a federal judge in the Northern District of Alabama. It's a lifetime job, and unless Kallon meets an untimely demise, he could be handing down rulings for another 40 years or more.

That's a scary thought because my wife and I have had two cases before Kallon--and he butchered them both.

Several exceptions exist to Rooker-Feldman, and some of them applied to our case. I feel certain that Abdul Kallon is smart enough to know that. But his actions suggest that granting us relief would have conflicted with the predetermined outcome that had been assigned to our case.

Here are brief looks at four specific issues on which Kallon cheated us:

(1) Mrs. Schnauzer's Claims Regarding the House She Jointly Owns--It was undisputed in our federal lawsuit that my wife is joint owner of our house. It also was undisputed that she was not a party to the state lawsuit our neighbor filed, resulting in a judgment of about $1,500 against me. A U.S. Supreme Court case styled Lance v. Dennis, 546 U.S. 459 (2006) governs, and it holds:

"The Rooker-Feldman doctrine does not bar actions by nonparties to the earlier state-court judgment simply because, for purposes of preclusion law, they could be considered in privity with a party to the judgment."

Kallon clearly had jurisdiction to hear my wife's claims that her property interests had been unconstitutionally violated. He unlawfully refused to hear those claims.

(2) My Claims Regarding the House I Jointly Own--It's undisputed that I filed a claim of exemption regarding the notice of levy that had been placed on our house over the $1,500 judgment. It's undisputed that Shelby County Judge Hub Harrington, contrary to procedural and statutory law, conducted no hearing on my claim of exemption. The governing case is styled Dale v. Moore, 121 F. 3d 624 (11th Cir., 1997), and it states that Rooker-Feldman applies only where . . .

"the party seeking relief in federal court had a reasonable opportunity to raise its federal claims in the state-court proceeding."

I filed a motion stating that our neighbor, Mike McGarity, had not contested my claim of exemption, so by law, the sheriff's sale could not proceed. I cited Rule 69(f) of the Alabama Rules of Civil Procedure and showed that was binding law where no contest had been filed. Harrington conducted no hearing on the matter and allowed the sheriff's sale to proceed, violating my rights to due process and equal protection of the law. . . .  

(3) A Final State-Court Judgment? What Final State-Court Judgment?--Rooker-Feldman can be a pain for those who have been treated unlawfully in state courts. But it comes with significant limitations. Perhaps the most important one is spelled out in Nicholson v. Shafe, 558 F. 3d 1266 (11th Cir., 2009):

"Pursuant to the Rooker-Feldman doctrine, lower federal courts are precluded from exercising appellate jurisdiction over final state-court judgments."

We were contesting an unlawful sheriff's sale. It did not involve a state-court judgment, final or otherwise. It's questionable whether it even involved a state-court order. If it did, I never was served with one.

By the clear language of Nicholson, my claim was not barred by Rooker-Feldman. Kallon unlawfully barred it anyway.

(4) Inextricably Intertwined?--In some cases, a federal claim can be barred if it is found to be "inextricably intertwined" with a state-court judgment. What does that mean? A case styled Casale v. Tillman, 558 F. 3d 1258 (11th Circ., 2009) spells it out:

"A claim is inextricably intertwined if it would effectively nullify the state court judgment . . . or it succeeds only to the extent that the state court wrongly decided the issues."

My federal claim did not contest the $1,500 state-court judgment. In fact, I did not contest any state-court action. I contested the unlawful actions of Shelby County Sheriff Chris Curry in allowing a sale to proceed, contrary to clear law. I also contested Judge Harrington's unlawful interference in a case that statutorily rests with the sheriff. But neither of those claims had anything to do with whether the $1,500 judgment was or was not correctly decided. And neither would nullify the state-court judgment.

The claims simply stated that if someone was going to try to make a claim on our property, they had to do it as prescribed by Alabama law.