Fans of House Health Public Option Cite Rights, Hopes, But Risk Big Defeat

11/05/2009 by Andrew Kreig

Defying Washington’s conventional wisdom on health care reform, two senior Democratic House members are preparing a grassroots campaign to sustain a vigorous public option following a vote scheduled Saturday.

To keep Speaker Nancy Pelosi’s proposed H.R. 3962 as strong as possible during conference negotiations with the Senate, House Judiciary Committee Chairman John Conyers, Jr. of Michigan and Rep. Sheila Jackson Lee of Texas are building on momentum from the unique town hall-style hearing they hosted Oct. 27.

The hearing generated videos of patients facing death because they could no longer afford their insurance or co-pays. It featured also physicians urging a public option, and a 1960s civil rights icon urging that basic health care should be a fundamental human right, as in most of the industrialized world.

But a public option faces a potentially fatal counter-attack during the weeks ahead because of lack of follow-up by its proponents despite favorable poll numbers, inspirational rhetoric and countless horror stories.

Not Enough Political Muscle for Option?
“We’re not seeing enough political muscle to sustain a strong public option right now, and we might not get anything at all,” a senior Hill health policy aide told me Nov. 4.

“Where are the buses of supporters?” he asked. “Sometimes we don’t get a single visitor on this for days, and barely a phone call. Where are the national strategy meetings like the civil rights groups had in the Sixties? The major public option advocates are too afraid of antagonizing the White House. This is what I call ‘Russian Roulette lobbying,’ with people thinking: ‘Maybe things will be OK.’ With that attitude, I don’t think so ─ not when you’re up against Republicans and insurance companies.”

The oft-controversial Jackson Lee, for one, is speaking out. “We are now losing 45,000 people every year,” she says, citing estimates that annual fatalities from lack of health coverage almost match the total for the Vietnam War, the nation’s longest. “This is a life-and- death crisis.”

Conyers and Jackson Lee each described their Oct. 27 hearing for ordinary patients and physicians as a pivotal moment in the fight for a public option, with numerous speakers suggesting also a theme that health care is akin to a civil right.

But even without the civil rights analogy, the current health care debate is developing an increasingly nasty racial subtext, as indicated by a Nov. 4 HuffPo article on a new business group ad implying that health reform will cost whites their jobs.

Pelosi and Senate Majority Leader Harry Reid included a weak public option in pending House and Senate bills, even though a solid front of congressional Republicans, private insurers and most mainstream media have long disparaged the concept that insurers should have to compete with a government plan to keep insurance costs affordable.

A Congressional Budget Office study last week predicts that few consumers are likely to use the Pelosi bill’s public option because Pelosi’s rules would steer too many older or seriously ill customers into the public plan, thus creating unattractive pricing for others.

Also, Pelosi’s bill removed the proposal passed by the Education & Labor Committee by a bipartisan 27-19 vote that enabled states to create single-payer plans, leaving a model much like the Massachusetts experiment that is now attacked by critics from both parties as potentially unviable.

John Nichols, a columnist at The Nation, slammed the Pelosi bill. But fellow liberal and New York Times columnist Paul Krugman urged Democrats to approve the deal as the best one possible now. Indeed, the Washington Post reported Nov. 4 a counter-attack by so-called moderates to strip the option from the Senate bill.

Public Views on Public Option
On Oct. 27, most of the patient witnesses testified that they had private insurance when their lives began collapsing because of health care costs not fully covered, and ultimately unaffordable.

Conyers described last week’s hearing as like a religious service, when inspiration suddenly strikes. “We’ve had hundreds of hearings,” he said afterwards in an interview, available here. “Today was a transformative moment in the history of our accomplishing our goal,” he said. “You know when something special happens.”

The hearing was almost ignored by major news media with a few exceptions, such as a CNN camera crew (without an on-air reporter), the Pacifica Network’s progressive radio and a Montgomery County cable access host from Maryland.

But web-enabled coverage enables a way around news gatekeepers. My report today provides the first compilation of witness videos by filmmaker Robert Corsini, who flew from Los Angeles to cover the hearing and is expected to publish his own account in Truthout shortly. Corsini and his co-producer Natalie Noel are working on a documentary about post-Katrina recovery efforts in Gulf States.

Noel was a witness also, and obtained the interview whereby Conyers shared his impressions from his career-long fight for better health care. Arguing that every other industrialized country provides care at half or less of total U.S. costs, Conyers sponsors the single-payer H.R. 676 bill, with a public option as a fallback.

As a reader advisory: The stories and video below about hardship, hope and struggle are not for everyone. I showed one clip to a friendly Washington news editor, who responded in essence: “Who cares?” Lots of people have problems, and lots of members of Congress are adept at voicing words of concern, with scant results.

All too true. But a single video of Jackson Lee taking the cellphone call during her Aug. 11 town hall meeting has now racked up more than half a million views on one website alone. Fox, CNN and others demonized her for talking on the phone while an attractive white cancer patient was attacking the congresswoman’s position. You be the judge of whether there might be a subliminal race-based messaging prompting such an enormous reaction.

Critics also slammed her for thanking a town hall audience speaker who claimed to be a “general practitioner” but, upon investigation, confessed merely to working with physicians. Again, do we really think this particular congresswoman is the only one who thanks audience members without verifying their job-status in advance?

As the late conservative Paul Harvey used to say, let’s look at the rest of the story. What did she and Conyers think so important at their hearing last week?

For perspective, the Conyers career in Congress began with election in 1964, and before then as a staffer for his Michigan delegation colleague John Dingell. Dingell, the longest-serving congressman in U.S. history, like his father in the seat before him, has been an unsuccessful advocate of universal coverage in an unbroken streak extending back eight decades. Like Conyers, Dingell is willing to compromise now by supporting the more modest initiative of a public option.

Health Care as a Civil Right?
As for my own involvement, I occasionally attend Conyers-led health care briefings that are open for congressional staff, the public and media, and I recently saw an opportunity for new material not previously reported: The Rev. Walter Fauntroy, a 1960s civil rights pioneer and former congressman, joined with the two current members to propose a public education campaign on better health care.

Fauntroy brings a rare perspective to an effort drawing on civil rights experience. As an aide to Dr. Martin Luther King, Jr., Fauntroy was the principal organizer of the 1963 March on Washington, and also the 1965 Alabama civil rights marchers whose brutal treatment by police soon prompted introduction and passage of the 1965 Voting Rights Act.

At the hearing last week, others confirmed the day’s import. One of the first witnesses was cancer survivor Harriet M. Fulbright, widow of the Arkansas Senator J. William Fulbright, whose televised Vietnam War hearings helped change national opinion about the war four decades ago. “I can think of no subject more important,” she testified, “than health care for every citizen of this country.”

Jackson Lee and Conyers listened for three hours, occasionally joined by other Democrats. A video of her comments is here as she urged an all-out battle in the days ahead on behalf of those sick and dying. “And those lost souls are telling us: That in their name, we must have an insurance coverage system.”

One panel focused on physician opinions. Dr. Sanjeev Sriram, director of outreach for the 20,000-member National Physicians Alliance, quoted King as follows: “Of all the forms of inequality, injustice in health care is the most shocking and inhumane.” The witness added, “Sadly, this nightmare is still going on today.”

The filmmaker Noel was a witness also. As Fauntroy beamed down from the dais, she thanked him for his civil rights service in her native Alabama. She went on to describe (with video here and her News from Indian Country column here) how she and Corsini began their documentary Reinventing Paradise about post-Katrina recovery problems in Gulf states two years ago.

She recounted how she later discovered that she had a Stage Three cancer, which exhausted her ability to pay for treatments or even to continue to pay her insurer, Alabama’s dominant carrier. With no options for life-saving care in Alabama and unable to work, she moved to Pennsylvania, where the state is providing twice-weekly treatments toward her full recovery.

Noel concluded her testimony by asking those present to consider: “What would happen if you were suddenly struck by your own personal Katrina?”

Her panel ended with a powerful clip from her forthcoming film showing two Louisiana criminal justice professionals describing their continuing helplessness last month to provide crucial mental health care. Each begged for a national dialogue on whether a fundamental American right should exist for such care.

Rise and Fall of Great Nations
At the hearing’s end, Fauntroy sought to provide an answer, based on his five decades experience seeking to transform civil rights concepts into policy. He’d already done so, of course, by organizing the iconic 1960s marches and by leading anti-apartheid protests in Washington in the 1980s that helped topple the white-run South African regime.

“Great nations rise and fall,” Fauntroy quoted British Prime Minister Benjamin Disraeli as saying more than a century ago. The retired pastor described his generation’s inspiration from Disraeli’s discourse that nations start in bondage, then move through such stages as “spiritual truth,” liberty, courage and abundance, and then decline into selfishness, complacency, apathy, dependence and then fall back to bondage.

“It remains for us to break this cycle,” Fauntroy told his audience, as visible here. “You can do it! We can do it ─ if we put our hearts and our minds to it. Let’s go do it!”

‘DC Update’ Radio Hosts Economist Bruce Bartlett

10/22/2009 by Andrew Kreig

Author Bruce Bartlett, originator of “Reaganomics,” critiqued harmful economic policies Oct. 22 on the DC Update edition of My Technology Lawyer Radio. The show is archived via the link, which includes past shows.

Bartlett is the author of seven books, including the best-selling Impostor: How George W. Bankrupted America and Betrayed the Reagan Legacy, and two thousand of articles in national publications including the Wall Street Journal, New York Times, Washington Post, New Republic, Fortune and many others. His newest book, The New American Economy: The Failure of Reaganomics and a New Way Forward, was released Oct. 13.

In its review, the New York Times described him as “perhaps the most persistent — and thought-provoking — conservative critic of the party.” Bartlett has worked for Jack Kemp and Presidents Reagan and George H. W. Bush, Jude Wanniski, Gary Bauer and Ron Paul. He is a weekly columnist for Forbes.com, and has been a fellow at the Cato Institute and the Heritage Foundation.

In terms of policy, he wants the estate tax reduced, and believes that President Obama should not have taken on health reform or climate change this year. A sample of views:

On Career
I’m a syndicated columnist who spent most of his life working in Republican politics. I worked for then-Congressman Jack Kemp in the 1970s and helped draft the famous Kemp-Roth tax bill. In the early 1980s I was executive director of the Joint Economic Committee of Congress. In the late 1980s I worked for Ronald Reagan in the White House Office of Policy Development. I was deputy assistant secretary of the Treasury for economic policy during the George H.W. Bush administration. I have also worked for various conservative think tanks, including the Heritage Foundation and Cato Institute. I was fired by the National Center for Policy Analysis for writing this book [Imposter].”

On “Why I Am Anti-Republican”
“I got an e-mail from a prominent Republican asking why I am so anti-Republican these days. Since many of my friends ask the same thing I thought I would share my reply: I think the party got seriously on the wrong track during the George W. Bush years, as I explained in my Impostor book. In my opinion, it no longer bears any resemblance to the party of Ronald Reagan. I still consider myself to be a Reaganite. But I don’t see any others anywhere in the GOP these days, which is why I consider myself to be an independent.” Details.

Update is co-hosted by the show’s founder and business radio pioneer Scott Draughon and by Washington commentator Andrew Kreig. The hosts begin the show with an update on Washington policy news affecting the nation’s business, politics and quality of life. Commentary includes Draughon’s ongoing research on a Republican grassroots revival, and Kreig’s breakthrough report for Huffington Post on Tuesday’s congressional hearing: “Will An Oct. 27 DC Hearing Make History For Health Rights?”

Update radio listeners can call in questions by phone at (866) 685-7469 or by email: radio@MyTechnologyLawyer.com. As listener advisories: Mac computer users need the tool “Parallels” to hear a Windows Media Player.

About Bruce Bartlett
Bruce Bartlett is an economic historian who has spent the last 30 years working in politics and public policy. He has served in numerous governmental positions, including as a domestic policy adviser to President Ronald Reagan and a treasury official under President George H.W. Bush. He is a weekly columnist for Forbes.com. Details.

Oct. 22: DC Radio Hosts Sports Law Expert Kevin Goldberg On Access Restrictions To Coverage

10/22/2009 by Andrew Kreig

Press freedom and sports law expert Kevin Goldberg described major new requirements by sports teams on media coverage on the Oct. 22 DC Update edition of My Technology Lawyer Radio. The show is available via the link, which includes past shows.

Goldberg this fall delivered a compelling lecture at the National Press Club here entitled, “The Price of Admission Gets Higher: Leagues Asking for More in Exchange for Access.” He explains why this is important to the public: “Sports are no longer just sports. In many communities, they are the news. These restrictive credentials have been adopted by all facets of the entertainment industry, at all levels.”

Update is co-hosted by the show’s founder and business radio pioneer Scott Draughon and by Washington commentator Andrew Kreig. The hosts begin the show with an update on Washington policy news affecting the nation’s business, politics and quality of life.

Goldberg, a leader in the field, described how the sports industry has learned from other segments of the entertainment industry to restrict media coverage to enhance profits and image. This greatly affects public understanding of sports teams at the professional and college level ─ with the new restrictions spreading even to high school or lower level games in some locales. Among his examples:

• Publications must agree that te league, venue or event own all copyright and other interest in the photographs, audio or video taken at the game, with the newspaper getting a license to use the work for narrowly defined news purposes only.

• Leagues and events require removal of photos, audio and video from a website.
Example 1: The National Football League imposed a daily limit of 45 seconds of audio or video interviews with players or coaches. It bans live and post-24-hour coverage.
Example 2: Major League Baseball bans live coverage and pictures after 72 hours unless linked to a specific game being covered.

• Little League World Series claimed ownership of all regional playoff photos, banning free ones.

• Louisiana High School Athletic Association barred credentials to girls playoffs photographers unless “newsprint.”

Also, Goldberg described potential solutions in specific situations for sports writers and generally.

About Kevin Goldberg
Kevin M. Goldberg is Special Counsel with Fletcher, Heald & Hildreth, PLC. His expertise is in First Amendment, Copyright and Trademark issues, especially those relating to newspaper and Internet publishing. He regularly advocates issues involving freedom of speech on behalf of press organizations. Kevin also consults regularly with these organizations concerning the continued freedom of speech on the Internet, focusing on issues such as regulation and voluntary implementation of blocking software. Kevin assists newspapers and television and radio stations in prepublication review of stories for possible legal problems. In 2006, he was inducted into the National Freedom of Information Hall of Fame as one of 56 members for his service in pursuit of open government. Contact.

About Fletcher, Heald and Hildreth
Founded in 1936, Fletcher, Heald & Hildreth provides comprehensive legal services in the field of telecommunications. Details.

Why Did Feds Persecute Celebrity Expert Cyril Wecht For Using Fax Machine? Who’s Next?

10/07/2009 by Andrew Kreig

Like many government employees, Allegheny County Coroner Dr. Cyril Wecht of Pittsburgh sometimes sent faxes from his office on personal matters. On Feb. 12, 2002, for example, he sent a New Jersey group a bill for a speech.

Four years later, the Justice Department used that fax for one of 84 felony charges against Wecht, thereby forcing his resignation after 20 years. The charges included 27 felonies for sending personal faxes, along with allegations over mileage vouchers, office stationary, permission for students to study autopsies, and requests for staff help.

Nationally, more than 95% of those who are federally accused in the U.S. now plead guilty. But Wecht, widely known as a TV analyst on celebrity deaths, had the means to fight hard to clear his name and stay out of prison.

Dr. Cyril Wecht

Dr. Cyril Wecht

Court rulings and prosecution errors ended Wecht’s ordeal last June. By then, the 78-year-old had spent $8 million on legal fees over three years, putting him $6 million in debt currently. Authorities dropped the majority of charges against him just before trial in 2008.

Thus, most of the charges were about 23 faxes, whose total out-of-pocket cost to the county was calculated by the defense as $3.96.

Cases like this are creating bipartisan alarm nationally among legal experts who believe that DoJ increasingly abuses its vast powers. I’ve seen the change after covering DoJ fulltime as a newspaper reporter from 1976-1980 in DoJ’s better days, and now as a researcher of such cases nationally. Wecht and former Alabama Gov. Don Siegelman were among panelists at a recent forum on the topic, with video here.

Fear of DoJ abuses was also the theme of a remarkable conference I attended last week hosted by the free-market Cato Institute. A video of speakers is posted here. It’s well worth watching.

The conservative Washington Times columnist Tony Blankley introduced two authors of recent books about such problems. A former prosecutor, Blankley said that political leaders from both parties have for years enabled federal prosecutors to use vague laws to target individuals in an arbitrary fashion.

The most detailed evidence came from Boston defense attorney Harvey Silverglate, author of Three Felonies A Day: How the Feds Target the Innocent and a congressional witness Sept. 29.

His theme: The average U.S. professional unwittingly commits three felonies daily ─ thus enabling Feds to pick and choose whom to prosecute, with scant review by courts, defense attorneys and the news media. His book provides compelling case studies illustrated by defendants fighting to prevent their ruin from “creative” prosecutors using vague or seldom-enforced laws in health care, high-tech, legal affairs, financial services, labor, media and national security.

Another dimension comes from a recent Obama administration legal opinion that reaffirms government authority to review a federal employee’s electronic messages.

This suggests that the Feds will find it even easier than in a “fax” case to gather evidence against those who use workplace computers, cellphones and email for personal messages. Any probes would obviously capture evidence also about those who receive messages from government workers.

And this is not just at the federal level. We know from the Wecht case that the Feds assert jurisdiction to monitor employee messages within a county that receives $10,000 or more in federal funds. There’s scant reason to think the Feds wouldn’t scrutinize targets also at the city or town level.

Celebrity Death Expert
A Democrat, Wecht formerly chaired his party’s county committee and ran for the U.S. Senate. For more than 35 years, Wecht has also been providing TV commentary about the deaths of celebrities spanning the demise of Elvis Presley and Michael Jackson. Often controversial, he’s contradicted official reports that President Kennedy was assassinated by a lone gunman, and he suggests that JonBenet Ramsey’s father was a sex deviant involved in her death.

His blunt comments on local issues clearly irritated some officials who chafed also at his overlapping roles as a coroner, consultant, political organizer and medical school professor. As coroner, he earned $64,000-a-year, and resigned promptly after indictment. His successor’s pay was $175,000. That difference pays for lots of faxes and stationary.

As context, the Justice Department’s longtime official policy is to use its authority in careful proportion to the public interest. In a famous 1940 speech, Attorney Gen. Robert Jackson warned the nation’s U.S. attorneys against “the most dangerous power of a prosecutor: that he will pick people that he thinks he should get, rather than pick cases that need to be prosecuted.”

Jackson later served as chief U.S. prosecutor for World War II crimes and as a Supreme Court justice. Those positions provide long-term authority for his guidance, which remains widely quoted.

Wecht’s attorneys from the powerhouse firm K&L Gates included former U.S. Attorney General Dick Thornburgh, a Republican. In 2007, Thornburgh testified to the House Judiciary Committee that Wecht’s prosecution was “political” and based on “trivial ” clerical oversights.

Nonetheless, DoJ forced Wecht and his attorneys to prepare for 250 witnesses until the government dropped more half the charges just before trial. Also, Wecht felt he needed many appeals to get a fair shake from his federal trial judge, a former law partner of his prosecutor’s husband.

At trial in 2008, the jury deadlocked after 10 days of deliberations. Most jurors voted for acquittal. DoJ promptly announced a second trial, with the FBI contacting jurors to question them about their failure to convict. “It’s a bizarre ending to one of the most unfair trials in history,” commented lead defense counsel Jerry McDevitt.

A bipartisan coalition of community leaders protested Wecht’s retrial. Then a new judge ruled that government’s original search warrant in 2005 was illegal. The waste of taxpayer funds must have been astronomical given Wecht’s own spending of $8 million.

Why was Wecht indicted on the fax charges? He says the Bush DoJ targeted him for his politics. This coincides with a nationwide study that showed a 7:1 pattern of DoJ investigating Democrats.

Additional support for the theory comes from a 2005 memo by DoJ’s chief of staff to the White House calling for additional “loyal Bushies” in the U.S. attorney jobs to ensure optimal political results. That memo and other machinations led to an unprecedented mid-term purge the next year of nine U.S. attorneys who had been appointed earlier by the Bush administration.

Contrary to the public focus on those fired, the real story has always been the impact on the public of the super-loyalists who were retained in such a culture. The Wecht prosecution illustrates that impact.

As it turned out, Wecht drew Republican as well as Democratic support. Unlike most defendants, Wecht received fair coverage from both of his hometown’s dailies, including that owned by conservative Richard Mellon Scaife. A bipartisan coalition of community leaders protested his retrial to DoJ.

U.S. Attorney Mary Beth Buchanan

U.S. Attorney Mary Beth Buchanan

As for the prosecutor who made life hell for Wecht and his family? Western Pennsylvania’s U.S. Attorney Mary Beth Buchanan is a partisan Republican who had led DoJ’s office overseeing U.S. attorneys nationwide until mid-2005.

She denounced Wecht this summer even after being forced to drop the case. I contacted her and her media representative with a list of questions this week but didn’t receive responses before publication. In the past, she’s denied allegations that the Wecht prosecution was unfair or that she helped DoJ and White House colleagues plan DoJ’s purge before she went to Pennsylvania.

Like nearly one-third of the 93 Bush-appointed U.S. attorneys, she remains in office today despite a U.S. tradition that top prosecutors resign soon after voters change the president’s political party.

Who’s Entitled To Use The Office Fax?
Another of those retained is Patrick Fitzgerald, the famed U.S. attorney in Chicago. But Fitzgerald is not without critics. In fact, Fitzgerald used his office fax machine this year to send HarperCollins a threat that he’d sue on a personal basis if the company failed to destroy copies of the book Triple Cross that contained criticism that he considered defamatory.

A personal fax? When questioned, DoJ says it approves incidental personal use of fax machines by government employees.

Case closed.

*********

On Oct. 1, DoJ announced a revamped website that enables your comments on Facebook, Twitter, MySpace and YouTube. DoJ’s announcement says it won’t be collecting data from the sites. That’s good to know, isn’t it? Especially if you’re thinking of using a government device to send your messages.

Sept. 24 DC Radio Hosts News Expert, Author Alex Jones On ‘Losing the News

09/24/2009 by Andrew Kreig

Will traditional media survive? Should it? These are the questions being addressed Sept. 24 by famed author, professor and media critic Alex Jones on the DC Update edition of My Technology Lawyer Radio. The show is broadcast at noon (Eastern time) via the Listen Live! link at (www.MyTechnologyLawyer.com/wireless), which includes an archive of past shows.

The guest is one of the nation’s most honored media critics, and this summer authored, Losing the News: The Future of News That Feeds Our Democracy, published to favorable reviews this summer by Oxford University Press. Jones is the longtime media critic for the New York Times and now a professor at Harvard University’s Kennedy School of Government, where he directs its Shorenstein Center on the Press, Politics and Public Policy. In the words of Publisher’s Weekly, his new book “argues that the demise of the newspaper industry is corroding the iron core of information that is at the center of a functioning democracy.”

Update is co-hosted by the show’s founder and business radio pioneer Scott Draughon and by Washington commentator Andrew Kreig. The co-hosts begin the show with an update on Washington policy news affecting businesses nationally.

Radio listeners can call in questions at 866-685-7469 or by email: radio@MyTechnologyLawyer.com. Update focuses on Washington policy that impacts the nation’s business, politics and quality of life. As listener advisories: Mac computer users need the tool “Parallels” to hear a Windows Media Player, and some companies block radio programs from computers.

About Alex Jones
Alex S. Jones, author of Losing the News (available here) is Harvard University’s Laurence M. Lombard Lecturer in the Press and Public Policy and Director of the Joan Shorenstein Center. He covered the press for The New York Times from 1983-92 and was awarded the Pulitzer Prize in 1987. In 1991, he co-authored (with Susan E. Tifft) The Patriarch: The Rise and Fall of the Bingham Dynasty. In 1992, he left the Times to work on The Trust: The Private and Powerful Family Behind the New York Times (also co-authored with Tifft), which was a finalist for the National Book Critics Circle award. He has been a Nieman Fellow at Harvard, a host of National Public Radio’s On the Media, and host and Executive Editor of PBS’s Media Matters. He is on the boards of the Committee of Concerned Journalists, International Center for Journalists, Foundation of the Society of Professional Journalists, Harvard Magazine, Nieman Foundation, Black Mountain Institute, the Institute for Politics, Democracy & the Internet, and other professional organizations

Siegelman DoJ Paralegal’s Story: From Justice Dream Job To Nightmare

09/13/2009 by Andrew Kreig

As federal prosecutors prepared in 2006 for the corruption trial of Alabama’s former Gov. Don Siegelman, Justice Department paralegal Tamarah Grimes thought she was progressing well in her career. She was past beginner stage after three years at the Middle District U.S. Attorney’s office helping prepare federal cases in the state capital of Montgomery. Indeed, she was the government’s top in-house paralegal in one of the country’s most important federal prosecutions, which targeted an iconic former governor along with one of their state’s richest businessmen.
But a year later, the prosecution’s all-out effort to convict Siegelman and HealthSouth CEO Richard Scrushy brought Grimes to a career crisis as a legal professional.
In July 2007, Grimes stepped forward to allege that her colleagues had violated basic legal protections to ensure a fair trial. She claimed, for example, that that prosecutors had communicated with jurors and that pro-conviction jurors had privately strategized by email outside the jury room to obtain guilty verdicts — all without required notification to the defense. Also, she complained of being the victim of sexually offensive comments by colleagues, particularly in an off-site prosecutors’ office that was entirely devoted to what they called “The Big Case.”
In using the authorized procedures for such complaints, she turned her career dream into a nightmare. What follows is her story. It led to more than a year of threats that she would be prosecuted herself for denying that she had made audiotapes of colleagues.
After she wrote the Obama administration’s Attorney General Eric Holder on June 1 outlining misconduct allegations and asking for his help the Justice Department fired her seven days later for failure to retain a security clearance – which DoJ itself had removed in 2008. At the same time, she was regarded elsewhere as one of the nation’s leading whistleblowers for shedding light on the Siegelman conviction, which has become the most controversial criminal prosecution of the entire Bush administration.
“I did nothing to justify termination,” she told KNOW. “I was a loyal, exemplary employee with no discipline problems and many performance-based awards prior to my complaints during the prosecution of the Scrushy/Siegelman matter.”
But in July 2007, Grimes stepped forward precisely when her office was basking in the victory against Siegelman, Alabama’s leading Democrat for two decades after election as attorney general in 1978. Her criticism had the potential to ruin all the hard work of convicting him.

**********
For full story, read this month’s edition of KNOW: The Magazine for Paralegals. My article is entitled, “From Justice Dream Job to Nightmare…Exclusive Interview With Tamarah Grimes, Justice Department Paralegal…Why This Whistleblower Was Dissed & Dismissed.”

DoJ’s Attack On Former Gov. Siegelman’s Rights Threatens Election Rights For Many Across Nation

09/12/2009 by Andrew Kreig

On Aug. 27, holdover officials from the Bush Justice Department filed 226 pages arguing that former Alabama Gov. Don Siegelman and his co-defendant have presented no evidence since their 2006 bribery convictions that justifies a hearing or new trial.

No evidence?

As too often in the past, DoJ officials look like they’re exaggerating to block justice and to protect themselves. By seeking to imprison Siegelman for 20 additional years, DoJ clearly seeks to end public debate about Alabama’s most prominent Democrat. He held that distinction for years, at least until he narrowly lost re-election in 2002 following still-mysterious Election night switches of 6,000 votes out of his column in a rural county after polls closed.

The all-out federal criminal prosecution launched against Siegelman in 2004 remains the centerpiece of unresolved evidence that Karl Rove used DoJ to target Democratic officials nationwide. In-depth public scrutiny of the DoJ’s high-ranking prosecution teams risks revelations about similar problems in hundreds of other disputed DoJ investigations that altered the nation’s political map during the Bush years.

In the long run, however, DoJ risks even more – including public confidence that it’s protecting our rights to fair elections and trials – if it shirks its responsibility to endorse a full hearing to clear the air.

New evidence since Siegelman’s 2006 trial includes claims of judicial bias and corruption, plus DoJ political prosecution orchestrated by Rove, judge-shopping, jury tampering, failing to comply with prosecutor recusal, firing a DoJ whistleblower, and suppressing evidence that DoJ tried to blackmail its central witness against Siegelman with a sex scandal.

Also, 75 former state attorneys general ─ the chief law enforcers from more than 40 states ─ made a bipartisan filing that is unprecedented in U.S. legal history to argue that Siegelman committed no crime by appointing a donor to a state post. Siegelman’s convictions centered on his 1999 request to HealthSouth CEO Richard Scrushy to donate to a non-profit foundation to improve Alabama’s funding for education via a state lottery.

Scrushy arranged two donations to the foundation. Siegelman reappointed Scrushy to an unpaid state board on which he’d served under three previous governors. A jury that reported deadlock finally found guilt on 7 of 32 bribery-related charges. The defendants received lengthy prison terms and heavy fines.

Last year, Siegelman, now 63, was released on appeal bond after a CBS 60 Minutes exposé about his prosecution. Scrushy, 53, remains in prison, with each of his convictions stemming from the donations to the education foundation that Siegelman helped create to counter millions in spending by casino owners allied with anti-gambling advocates.

Alabama’s Republican Party sniped at CBS reporting.

But former National Press Club President Robert Ames Alden, a Washington Post editor for 48 years who supervised coverage of many major stories before his retirement in 2000, found the coverage compelling. “The Siegelman prosecution,” Alden tells me, “is one of the worst miscarriages of justice that I’m aware of in the past half century in America.”

Denial Under Oath?
DoJ’s most recent filing falsely told presiding federal judge Mark Fuller that Business Council of Alabama CEO William Canary has denied under oath to the House Judiciary Committee that he schemed with “Karl” to remove Siegelman from Alabama politics. But no committee record exists of such a sworn statement, as noted by Alabama reporter Roger Shuler.

Canary, a former Republican National Committee chief of staff, is well-known in relevant quarters of DoJ. Many “loyal Bushies” remain in power after eight years of employment practices that included mid-term firings of U.S. attorneys who failed to use their powers for political prosecutions. News reports and litigation show that the Bush DoJ also relied heavily on politics in hiring and promoting career staff.

Canary is a longtime Rove ally who advised Alabama’s current Republican governor in his successful 2002 gubernatorial campaign against Siegelman. Canary’s wife Leura, shown below in her official photo, is Alabama’s U.S. attorney for the office that is prosecuting Siegelman. She remains in power despite the nation’s tradition that its 93 U.S. attorneys resign after a change of presidents.

Most of those accused of framing Siegelman deny claims by the defense, whistleblowers and investigative reporters. But none of the denials have been in public under oath and subject to cross-examination. Some have been comments to the press, and many others have been in affidavits that can avoid key issues.

Rove and Harriet Miers, the highest-ranking of the Bush White House advisors accused of improperly interfering at DoJ, were interviewed in private this summer by House Judiciary Committee staff and a Congressman from each party. But the interview rules did not require an oath. Upon release of the transcripts Aug. 11, Rove claimed vindication in his Wall Street Journal column.

A Real Probe Needed
But Rove and Miers asserted memory loss many times on key questions during their interviews, and Rove misled his Journal readers by falsely claiming that Alabama whistleblower Dana Jill Simpson has never testified.

An attorney, Simpson voluntarily testified in 2007 under House Judiciary Committee staff cross-examination. Behind closed doors, she swore that a prominent fellow Republican predicted in early 2005 that Siegelman would be re-indicted later that year after collapse of the government’s first case against him. Also, she swore that she heard that Siegelman’s new prosecution would be steered to the Bush-nominee Judge Fuller, who “hated” Siegelman and would “hang” him.

Rove’s spin on these kinds of post-conviction issues shows why this summer’s interviews should be just a first step in a more thorough probe and public hearing.

The Justice Department should live up to its name by welcoming cross-examination of witnesses under oath before a fair judge. Questions about this case and so many like it around the country will not be forgotten simply by imprisoning the defendants. Others care deeply, both because of defendant rights and our own.

My next articles will explore growing concerns around the country about such matters, including those being voiced by Republicans and libertarians. The national magazine for paralegals Know just published my in-depth profile Dissed and Dismissed about the courageous paralegal Tamarah Grimes. Working on the Siegelman case, she was fired by DoJ in June after she went through official whistleblower channels in 2007 to allege DoJ prosecution misconduct.

In the meantime, I read comments with great interest and look forward to learning your suggestions (including, yes, your criticism) and ideas for next steps.

Follow Andrew Kreig on Twitter.

Sept. 3 DC Radio: Should Feds Get Emergency Power To Run The Internet Under Senate Bill?

09/03/2009 by Andrew Kreig

The controversial new Senate bill that would enable the President to take control of the Internet in case of emergency was today’s featured topic on the DC Update edition of My Technology Lawyer Radio. The show is available via the Listen Live! archive.

Senate Jay Rockefeller (D-West Virginia) says the Cybersecurity Act of 2009 reintroduced last month is needed to protect the nation’s infrastructure and businesses from hackers. Experts who analyzed the benefits and dangers of the proposal are:

• Illena Armstrong is editor in chief of SC Magazine, the leading business magazine for the information security industry. She manages editorial staff in New York and Michigan, and oversees the award-winning monthly publication and its other editorial offerings, including scmagazineus.com, several eConferences, countless webcasts, weekly and monthly newsletters, and the annual SC World Congress conference and exposition.

• Eric Green is program director of the SC World Congress, being held October 13-14 in New York City. For over a decade, he has been closely involved in creating marketing strategies for many security and FORTUNE 1000 companies by leveraging his expertise and network of high-level contacts in the public and private sectors. He’ll summarize highlights on the Rockefeller proposal from the perspective of leading companies at the Congress, which is described below.

• Brian Cute is vice president for discovery services at Afilias, Inc., with over 12 years experience in the Internet and communications industry. He provides secure and selective visibility services to global supply chain participants. Also, he is active in the Internet Society chapter being created in Washington, DC. Its first free event will feature prominent Internet experts describing the Internet’s future on Sept. 14 in Washington, DC. Details are below.

Update is co-hosted by the show’s founder and business radio pioneer Scott Draughon and by Washington commentator Andrew Kreig. Co-hosts begin the show with an update on Washington policy news affecting businesses nationally.

Rockefeller, chair of the Commerce, Science, and Transportation Committee, praised his proposal here. But a news report today raising related concerns is: “Obama White House Has Secret Plan To Harvest Personal Data From Social Networking Websites.”

Radio listeners can call in questions at 866-685-7469 or by email: radio@MyTechnologyLawyer.com. Update focuses on Washington policy that impacts the nation’s business, politics and quality of life. As listener advisories: Mac computer users need the tool “Parallels” to hear a Windows Media Player, and some companies block radio programs from computers.

About SC Magazine and SC World Congress
SC Magazine is the leading monthly title and the largest dedicated information-security publication for IT security professionals in the U.S. Its reach extends to Europe and Australia through independently managed operations. It works to build relationships with all sectors of the information security industry, including chief information security officers and other executives in various markets – from government to finance, as well as product and service providers, software developers, consultants, system resellers and others. Details.

From October 13 – 14, the publication will hold its second annual SC World Congress at the Sheraton New York Hotel & Towers in New York City, which gathers together the leading voices in the information security arena for two days of pertinent conference session examining topics ranging from data theft and compliance to establishing partnerships between government and private sectors. Also, the industry’s top vendors will assemble on the expo floor to show off scores of solutions. Keynotes include Heartland Payment Systems’ Robert Carr and the Federal Trade Commission’s William Kovacic. For additional details, visit here.

About Afilias & The Internet Society

Afilias is the world’s leading provider of Internet infrastructure solutions that connect people to their data. In providing such connection services as domain name, the DNS, or RFID data, the company promises connection in a reliable, secure, stable, and globally available manner. Details. As Vice President, Brian Cute’s work in the Domain Name System includes registrar and registry experience leading initiatives on Wait List Service, private domain registrations, the elimination of BulkWHOIS, the .net RFP, the .com contract approval, as well as representing the private sector in the U.N. World Summit on the Information Society.

As a personal initiative, he is helping re-launch the greater Washington, DC chapter of the Internet Society Including Maryland and Virginia. New members are welcome, with no cost to join. Its first event is a discussion of the Internet’s future, scheduled for 6:30 p.m. Sept. 14 at the National Visitor’s Center at the Capitol in Washington. For details on the event and chapter membership, visit here: www.isoc-dc.org.
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Aug. 27 Radio: Internet Society’s DC Plans, Fired Consumer Watchdog Re: Lessons Learned

08/26/2009 by Andrew Kreig

Today’s DC Update radio show on Aug. 27 will feature a leader in bringing new voices to Internet planning and a prominent Connecticut consumer journalist fired after reporting consumer complaints against his newspaper’s largest advertiser. The show can be heard at noon (Eastern time) via the Listen Live! link (www.MyTechnologyLawyer.com/wireless), or later by archive.

The guests for the Thursday, Aug. 27 show on the My Technology Lawyer Radio network will be:

• Dr. Michael Nelson, who is Visiting Professor of Internet Studies in Georgetown University’s Communication, Culture, and Technology Program. A former White House advisor on telecom and Internet policy, he is interim president of the new Internet Society chapter for Washington, DC, Maryland and Virginia. The chapter is creating a broad-based regional effort for long-term Internet planning without the lobbyist control of most such efforts. Its first event will feature Nelson and other prominent Internet experts on Sept. 14 at the Capitol in Washington. Internet Society membership and the event are free, with details below.

• George Gombossy, who last week launched the “CT Watchdog.com” regional news website following a 40-year career at the Hartford Courant. Most recently, he was investigative consumer columnist for three years after being business editor for 12 years The Courant, New England’s second-largest newspaper, fired him on Aug. 3, the day after it refused to run a column reporting that Connecticut’s attorney general was investigating consumer complaints against mattress retailer Sleepy’s, Inc., the paper’s largest advertiser. Complaints included allegations that Sleepy’s was selling used mattresses as new, including one claim of a mattress with bedbugs. The firing prompted coverage last week from the New York Times, AP, CNN and elsewhere. Courant executives denied lowering news standards in any way. Gombossy plans to describe the changes he witnessed at the Courant the last four months, and their impact upon the public.

The Courant is owned by the Chicago-based Tribune Co., which filed for bankruptcy protection in December. Since spring, a management team of the Tribune’s jointly owned Connecticut Fox TV network stations has run the paper. The Tribune has not yet responded to an invitation to appear on the Update show with Gombossy, and has declined all other broadcast invitations to appear with him.

Update is co-hosted by the show’s founder and business radio pioneer Scott Draughon and by Washington commentator Andrew Kreig. Kreig was a colleague of Gombossy at the Courant for 14 years, and is a co-founder of the Internet Society DC-area chapter.

Radio listeners can call in questions at 866-685-7469 or by email: radio@MyTechnologyLawyer.com. Update focuses on Washington policy that impacts the nation’s business, politics and quality of life. As listener advisories: Mac computer users need the tool “Parallels” to hear a Windows Media Player, and some companies block radio programs from computers.

About The Internet Society, Its New Chapter and Michael Nelson
The Internet Society is an independent international non-profit organization founded in 1992 to provide leadership in Internet related standards, education, and policy around the world. Details: www.isoc.org. The Society’s dormant Washington, DC-area chapter re-launched this month with an expanded scope of Maryland and Virginia. New members are welcome, with no cost to join. The chapter’s first event is a discussion of the Internet’s future, scheduled for 6:30 p.m. Sept. 14 at the National Visitor’s Center at the Capitol in Washington. Among the speakers will be Interim Chapter President Michael Nelson, Internet Society CTO Leslie Daigle, Internet pioneer and Shinkuro CEO Steve Crocker, Neustar CTO Eric Burger. The event is hosted by House Government Operations Committee Chairman Edolphus Towns (D-NY). For details on the event and chapter membership, visit: www.isoc-dc.org.

Since January 2008, Nelson has researched and taught technology trends at Georgetown. Earlier, he was IBM’s Director of Internet Technology and Strategy after serving as Federal Communications Commission Director for Technology Policy. Previously, he was White House Special Assistant for Information Technology, working with Vice President Al Gore. A leader in many U.S. and international communications organizations, Nelson he earned a Ph.D. in geophysics from the Massachusetts Institute of Technology.

About Connecticut Watchdog& George Gombossy
George Gombossy is president of CT Watchdog.com, which is in the process of becoming a non-profit, web-enabled regional news site. Gombossy has long been prominent in Connecticut journalism. Working with thousands of readers who sent him complaints and tips, his Courant Watchdog columns resulted in more than a dozen state investigations. During his career, Gombossy led teams of reporters that won dozens of awards, including the George Polk Award and the American Bar Association’s Silver Gavel Award. Also, he helped win the paper’s first Pulitzer Prize since its founding in 1764. Born in Hungary, he came to the U.S. in 1956 with his family to flee Communism. He volunteered for U.S. Army service during the Vietnam War. Details: www.ctwatchdog.com.

About My Technology Lawyer Radio Show
Scott Draughon is the host and producer of the pioneering My Technology Lawyer Radio Show. The show is affiliated with MyTechnologyLawyer.com — an on-demand legal service. Draughon, author of the 2007 book “The Art of the Business Radio Show,” has long experience also in guiding entrepreneurial success through close attention to the dynamics of the marketplace, law, government policy and effective marketing. Details: www.mytechnologylawyer.com.

About Andrew Kreig
Andrew Kreig is an investigative reporter, attorney, author and business strategist. Former president of the Wireless Communications Association International from 1996 to last summer, he helped foster the growth of wireless broadband around the world. In 1987, he authored “Spiked: How Chain Management Corrupted America’s Oldest Newspaper,” using the Courant’s transformation under Times Mirror as a case study of newspaper trends. Documentation for his current investigative reporting is on his website: www.eagleviewdc.com. # #

Aug. 21 DC Radio Update Features National Parks Leader & Alabama Critic Of Karl Rove

08/20/2009 by Andrew Kreig

Newly appointed National Parks Foundation President and CEO Neil Mulholland described his mission on today’s “Washington Update” radio show, which also included continuing coverage of the 2006 scandal of the mid-term firings of nine U.S. attorneys for political reasons.

Regarding those firings, Alabama journalist Roger Shuler attacked a column in today’s Wall Street Journal by former White House political strategist Karl Rove, who now claims vindication from conspiracy claims and demands apology. On the noon (Eastern) My Technology Lawyer Radio segment:

• Mulholland described his work after taking office Aug. 10 as leader of the national charitable partner of America’s 391 national parks. Mulholland, a Denver-area business executive, entrepreneur and community advocate, directs the Foundation in its strategic mission: To strengthen the connection between the American people and their national parks. He brings 28 years experience from the private sector, including work with Fortune 500 companies, raising private investment capital and engaging local communities to create sustainable development.

• Shuler, editor and publisher of the Legal Schauzer law-oriented Alabama website, challenged as false various claims by Rove regarding his role in shaping the Bush Justice Department and such controversial convictions as that of former Alabama Gov. Don Siegelman. The Journal today published a column by Rove entitled, “Closing In On Rove,” with the subtitle “Why John Conyers, The New York Times and The Washington Post Owe Me An Apology.” Shuler challenged the facts behind several of Rove’s key points in the column. On Aug. 13, and subsequently, Shuler analyzed Rove’s responses to questioning by Conyers’s House Judiciary Committee such blogs as, “Rove Did NOT Deny Involvement in Siegelman Case.”

Today’s Update show is co-hosted by the show’s founder and business radio pioneer Scott Draughon and by Washington commentator Andrew Kreig. Kreig moderated a panel discussion Aug. 15 that included Siegelman at the annual Netroots Nation convention.

Update focuses on Washington impact on the nation’s business, politics and quality of life. Co-hosts begin the radio show by addressing the capital’s most relevant news developments. A Listen Live! link (www.MyTechnologyLawyer.com/wireless) connects listeners to the radio-stream or to archives of previous shows. Radio listeners can call in questions at 866-685-7469 or by email: radio@MyTechnologyLawyer.com. As a listener advisory: MAC computer users need a tool called “Parallels” to listen to a Windows Media Player. Also, some companies block such programs from their office mainframes.

About the National Park Foundation
The National Park Foundation is an independent charitable organization chartered by Congress in 1967 to strengthen the connection between the American people and their national parks. As the official national non-profit partner of America’s National Parks, the Foundation raises private funds, makes strategic grants, creates innovative partnerships and increases public awareness about the need and opportunity for park philanthropy. In its 2008 fiscal year, the National Park Foundation distributed grants and program support of $27.3 million. Its incoming CEO is the co-founder, Chairman and CEO of Des Moines, Iowa-based Prairie iNet, one of the first commercially successful regional wireless broadband companies in the United States. Also, he is the managing partner of Denver, Colorado-based Phoenix Ventures, where he has advised niche content companies such as MapMyFitness, and FidoTV, as well as several of the largest wireless broadband companies. Details.

About the Roger Shuler and Legal Schnauzer
Roger Shuler graduated from the University of Missouri with a degree in journalism, and joined the Birmingham Post Herald, where he worked for 11 years. Later, he worked at the University of Alabama at Birmingham (UAB) in various editorial positions for 19 years until May 2008. In June 2007 as a personal project, he created the Legal Schnauzer to be an independent web-based publication focusing on Alabama and national news after he and his wife witnessed judicial and legal misconduct in the handling of a property-related lawsuit by a neighbor. The blog examines his personal experiences along with broader justice issues, particularly those involving the Bush Justice Department and its apparent use of political prosecutions. Shuler has written extensively about the Don Siegelman case in Alabama and the Paul Minor case in Mississippi. Also, he alleges that “a mountain of evidence” shows that UAB fired him illegally because of the controversial contents of his blog, even though it was developed entirely with personal time and resources. Details: http://legalschnauzer.blogspot.com/.