Ex-attorneys general support former Ala. governor

MONTGOMERY, Ala. — Ninety-one former attorneys general from U.S. states and territories asked the U.S. Supreme Court Friday to hear former Alabama Gov. Don Siegelman’s appeal of his federal bribery conviction, claiming it raises important issues on political speech.

The bipartisan group filed a brief arguing that it wasn’t against the law for Siegelman to name former HealthSouth CEO Richard Scrushy to a powerful hospital regulatory board after Scrushy arranged donations to Siegelman’s campaign for a state lottery.

If Siegelman’s conviction stands, the group argues it could have a paralyzing effect on the political process, “that largely depends upon private contributions and the liberty of constituents to contribute to political campaigns without fear of criminal liability.”

“This case concerns the criminalization of conduct protected by the First Amendment — the giving and receiving of campaign contributions,” the brief said.

The brief argues that the Supreme Court ruled in a case involving a West Virginia legislator that bribery can only occur in cases involving campaign contributions if there was an explicit agreement that each person would get something of value.

Former New York Attorney General Robert Abrams, who signed the brief, said there was no quid pro quo agreement in the Siegelman case.

He said it’s important for the Supreme Court to consider Siegelman’s appeal and clarify what kind of agreement is necessary for there to be bribery in a case involving campaign contributions.

“Otherwise, people are going to be scared to death and not want to contribute to campaigns,” Abrams said.

Siegelman and Scrushy were convicted in 2006 of bribery and other charges. Siegelman was sentenced to more than seven years in federal prison and Scrushy to almost seven years. Siegelman is currently free on bond while the case is being appealed, while Scrushy is serving his sentence at a federal prison in Beaumont, Texas.

The 11th Circuit Court of Appeals dropped two charges against Siegelman, but upheld much of his conviction. The court upheld Scrushy’s conviction and prison sentence.

A spokeswoman for the U.S. Justice Department did not immediately return a message seeking comment Friday.

The Supreme Court has not decided if it will hear Siegelman’s appeal. The government has until Oct. 14 to respond to Siegelman and Scrushy’s appeals to the Supreme Court.

Siegelman’s attorney Vince Kilborn said the brief from the attorneys general is “pretty remarkable.” He said he hopes the arguments from the former top law enforcement officials will encourage the justices to consider the case.

Many of those who signed the brief were also among a group of former attorneys general who earlier wrote to Attorney General Eric Holder asking him to investigate claims Siegelman’s prosecution was politically motivated.

Former Indiana Attorney General Jeffrey A. Modisett said he and the others who signed the brief believe Siegelman’s appeal raises important issues for the Supreme Court to consider.

“We can’t think of too many issues more worthwhile of their view than the question involving political contributions and the First Amendment,” said Modisett, an attorney with the Bryan Cave Law Firm in Santa Monica, Calif.