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Don Siegelman’s book released

Brandon Moseley

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Former Alabama Democratic Governor Don Siegelman’s new book, “Stealing our Democracy,” is now in stores. Siegelman’s memoir alleges that his prosecution on corruption charges was based on prosecutorial misconduct by the George W. Bush (R) Department of Justice.

Siegelman was sentenced to 88 months in federal prison, served five years, with long stretches of solitary confinement. Siegelman appealed the conviction and was out for years pending appeals. No federal appeals court ever found in favor of Siegelman so the whole drama, which was featured on the CBS news-entertainment show ’60 Minutes’ at the time, dragged out into a decade. President Barack H. Obama (D) refused Siegelman’s pleas for a presidential pardon. His sentence was finally commuted by the incoming Donald J. Trump administration in 2017.

Siegelman claims that he was a literal political prisoner cut off from media interviews and outside contact.

Stealing Our Democracy claims that the Department of Justice was used as a political weapon to strip him of his freedom and his career. Siegelman’s victory over incumbent Gov. Fob James (R) in 1998 was the first victory by a Democratic nominee in an Alabama gubernatorial race since George C. Wallace (D) in 1982. Siegelman’s narrow defeat by Congressman Bob Riley, R-Ashland, in 2002 limited Siegelman’s tenure to just one term. Siegelman ran for governor again in 2006; but the Bush Administration’s indictments against him weighed down his candidacy and he lost the Democratic primary to Lt. Gov. Lucy Baxley (D). Ms. Baxley was trounced by Riley as has every Democratic nominee for governor since then. Siegelman’s defenders claim that his conviction, “Brought Alabama’s era of progressive Democratic populism to an end.”

Siegelman’s book is an intensely personal account of how he claims our system can fail and be abused for political greed. And if it could happen to him, he writes, it can happen to any of us, particularly in this era when there are little restraints on the Department of Justice.

“The real reason I wrote this book was to have a platform to change the criminal justice system. I wrote the political exposé part to let people know what happened, how, why, and by whom,” Siegelman wrote. “I felt compelled to warn people how political prosecutions and the abuse of power threatens our democracy. I wrote the memoir portion to let people know how I became who I am, how I was elected, and why I became someone who, in their words, “had to be stopped.”

David C. Iglesias is a former Republican U.S. Attorney for New Mexico. He is now an associate professor of Politics and Law at Wheaton College in Illinois.

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“If you doubt that politics are the mortal enemy of justice, read Stealing Our Democracy,” Iglesias said. “This is a sobering reminder of the vast powers the federal government has wrongfully used as a sledgehammer to achieve a conviction at any cost. Terrible things happen when you mix politics with prosecutions.”

Law Professor John Farmer is the former Dean of Rutgers Law School.

“Don Siegelman’s story is nothing less than an American tragedy,” Farmer wrote. “Understanding the abuses he experienced may well be the first step to ending them and to healing our broken politics.”

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Siegelman claims that he was targeted by the Bush DOJ on the orders of GOP strategist and top Bush White House political strategist Karl Rove, because they feared a Siegelman run for the presidency in 2004.

Prosecutors claim that Gov. Siegelman appointed then HealthSouth CEO Richard Scrushy to the Alabama Certificate of Need Review Board in exchange for bankrolling the political campaign for Siegelman’s 1999 lottery referendum. The Board issued a CON to HealthSouth allowing Scrushy to build a new hospital on the HealthSouth campus in south Birmingham along U.S. Highway 280 near the Shelby County line. Despite the efforts of Scrushy and Siegelman, the voters soundly rejected Siegelman’s lottery proposal despite early polling showing that voters were in favor of a lottery.

Scrushy began building his hospital; but the corporation was exposed as having doctored their financial statements to appear more profitable than it was. A string of Scrushy ‘s chief financial officers (CFOs)accepted plea deals and testified that they falsified the public reports on Scrushy’s direct orders. Scrushy’s defense team claimed that they were all liars and that Scrushy did not know anything about the conspiracy to defraud investors. The Birmingham jury found Scrushy not guilty, Siegelman had also been indicted by federal authorities on corruption charges; but that case fell apart as a federal judge barred most of the evidence in pretrial motions. Both men had gone up against federal prosecutors and prevailed. U.S. Attorney Leura Canary then indicted the two of them for bribery in relation to Scrushy’s appointment to the CON Review Board. Siegelman rejected, and rejects to this day, that that amounted to bribery under the federal statute. The Montgomery jury however agreed with prosecutors and found both men guilty.

Trinity Medical Center on Montclair Road would later buy the unfinished hospital from the troubled HealthSouth Company. Trinity abandoned its plans to build a new hospital in Irondale and instead finished the Scrushy hospital. It is now Grandview.

Brandon Moseley is a senior reporter with eight and a half years at Alabama Political Reporter. You can email him at [email protected] or follow him on Facebook. Brandon is a native of Moody, Alabama, a graduate of Auburn University, and a seventh generation Alabamian.

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Josh Moon

Redemption not revenge drives Tuberville supporter

Josh Moon

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Edgar McGraw speaking at a Tommy Tuberville event.

It would make for a great political story if Edgar McGraw hated Jeff Sessions. In fact, it would be the kind of legendary story of revenge that TV movies are built around.

This man, Edgar McGraw, is arrested on drug distribution charges in 1986 and prosecuted by then-U.S. Attorney Jeff Sessions. Sessions takes everything from McGraw and gives gleeful media interviews bragging about the arrest and seizures of McGraw’s property.

McGraw gets out of prison, rebuilds his life and becomes a respected, successful business owner. All the while, biding his time until the day he can exact revenge upon Sessions.

One day in 2020, he sees his chance: A former college football coach in a football-crazed state is running against Sessions for U.S. Senate. McGraw throws some money to the coach, hosts a fundraiser for him.

And the coach does the unthinkable. He upsets the 30-year politician. With McGraw’s help, Jeff Sessions’ career is over.

McGraw smiles.

But real life ain’t like the movies.

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And in real life, Edgar McGraw has none of these dreams of revenge. He holds no ill will. He wasn’t gleeful the night Sessions lost, instead he was glad his friend Tommy Tuberville won. And he didn’t back Tuberville because he was running against Sessions, but because McGraw and Tuberville were friends long before Tuberville dipped a toe into politics.

That’s life, I guess. You go looking for a revenge story and end up with a redemption story.

“(The conviction) is water under the bridge to me,” McGraw said. “I made my fair share of mistakes, I paid the price, and I have moved on with my life. I believe every single person makes mistakes in life, but how you respond to those mistakes and live life afterward is what really matters. As Dr. Tony Evans says ‘everyone is going to get knocked down in life in one way or another, what’s important is how you get back up.’

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“I never look back, that is just my personality. Just like you don’t drive a car looking in the rear-view mirror, I am always looking forward.”

I first heard about McGraw’s history a week ago, when someone sent me photos of Tuberville speaking at an event, McGraw standing by his side. McGraw was labeled a “felon” in a description with the picture, and that piqued my interest.

I read through a few newspaper articles about his arrest in the 1980s on drug distribution charges, and I thought it was possibly one of the craziest things I’ve come across in quite some time.

Basically, the story is this: McGraw, who was a successful businessman in Camden even in the 1980s, conspired with a handful of people to fly about $2 million worth of marijuana from Jamaica to a private air strip in Camden. The weed was going to McGraw’s farm, according to court records, where it would have been distributed and sold.

It never made it.

Drug dealers apparently aren’t great at physics, and $2 million in 1980 bought a lot of marijuana — approximately 1,400 pounds — that needed to be equally distributed around the small plane. Instead, according to media reports, the guys in Jamaica — McGraw wasn’t one of them — failed to secure the load and it all shifted to the tail of the plane. The plane crashed into a marsh on takeoff.

Still, Sessions and the U.S. Attorney’s Office were able to build a case with several informants and by flipping witnesses. And they went hard after McGraw, who maintained that he had a limited role. The federal jury that convicted McGraw of conspiracy to distribute also acquitted him of conspiring to import the weed, so there was obviously some gray area.

Regardless, Sessions went after McGraw’s property, utilizing recent and broad changes to asset seizure laws in the late-1980s that allowed prosecutors to tie virtually any property to drug money and then seize it. The federal government, with little evidence, took McGraw’s motel, the Southern Inn in Camden. It was one of the biggest asset seizures in the country at the time.

McGraw ended up being sentenced to 15 years in prison. He served less than half of that and prison records show he was released in 1992.

When I learned of McGraw’s history, I tweeted a couple of the newspaper clippings and speculated that McGraw had thoroughly enjoyed Tuberville ending Sessions’ political career. Because, I mean, Sessions took the guy’s motel — for marijuana that didn’t even get here.

He has to hate him, right?

Then I emailed McGraw to ask if he’d be willing to talk to me about it. I expected one of two things to occur: Either he would ignore me altogether or he’d accept the interview and express his great personal satisfaction.

He did neither.

Instead, McGraw told me the same story that he’s been telling at the Christmas party for Camden work release inmates. He volunteers with a Christian ministry that works with the prisoners. And each year, McGraw, who now is best known as part owner of the McGraw-Webb Chevrolet dealership in Camden, stands up in front of those inmates and lets them know that there is a pathway to redemption. To a better life. To a happy life.

“What happened coming up on almost 35 years ago, seems like a lifetime ago,” McGraw said. “My faith grew immeasurably during those years and the Lord has blessed me immensely since. I have been happily married for 27 years and I have three wonderful children; 26, 25 and 21 years old. I would want people to know to not let the past mistakes in life mold you. Brokenness can be a breakthrough.

“I feel like I am one of the most blessed people in the world and I give God all the credit. I would hope that I would be thought of as someone who came back home, worked very hard and served his community, church, and family to the absolute best of my God given ability.”

As far as his dealings with Sessions, McGraw said he’s had very little. While he clearly disagrees with Sessions’ decisions in his case — all McGraw would say is that he’d leave that up to Sessions to answer for — he said he’s spoken to the former U.S. AG just once in the past three decades. That meeting came at an Auburn basketball game, where McGraw introduced himself and reminded Sessions of their past. McGraw said the conversation was cordial and lasted only a few minutes.

He swears he holds no ill will towards Session at this point. His support of Tuberville had nothing to do with his history, or even politics really. Records show McGraw has donated to only one campaign in his life — Tuberville’s. And that came about because the two are old friends.

“My relationship with Tommy Tuberville began sometime while he was coaching at Auburn,” McGraw said. “We became friends with the Tubervilles as our sons became close friends while attending Auburn University and our friendship has grown since. Our family made our first contribution to Tuberville in April of 2019. I want to be very clear that my support of Tommy Tuberville was only influenced by our friendship and his political views and had nothing to do with Jeff Sessions.”

And maybe that’s for the best.

2020 has more than its fair share of nasty political stories, revenge stories and just plain ol’ dirtiness. Maybe a good story of redemption is something we could all use at this point. Maybe what we need to hear is the message that McGraw gives to those 100 or so inmates each year at Christmas.

“I strive to give (them) the hope that whatever they have done in the past does not have to limit their future,” McGraw said. “I learned to take nothing for granted and that every single day is a gift from above.”

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Elections

Merrill gives guidance on straight party, write-in voting

Micah Danney

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(STOCK PHOTO)

Alabama Secretary of State John Merrill issued guidance Wednesday on straight party and write-in voting.

“Voters who wish to vote straight party for all of the Democratic or Republican candidates on their ballot may do so by filling in the bubble next to their party preference at the top of their ballot,” Merrill explained in a statement.

“If a voter wishes to vote for any candidate outside of the selected party, however, he or she may do so by filling in the bubble next to the preferred candidate’s name. In doing so, the candidate(s) voted on outside of the voter’s designated party ballot will receive the vote for that particular race.

In addition, if a voter wishes to write-in a candidate, he or she may do so by filling in the bubble next to the box marked ‘Write-in’ and then printing the name of the preferred candidate on the designated line.

Write-in votes must be hand-written and not stamped or otherwise artificially applied to the ballot.”

Sample ballots for the Nov. 3 general election are available online.

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Economy

SNAP replacement benefits coming to three counties hit by Hurricane Sally

Staff

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Gov. Kay Ivey took a tour of the damage from Hurricane Sally on the gulf coast Friday September 18, 2020. (Governor's Office/Hal Yeager)

Thousands of SNAP recipients in Mobile, Baldwin and Escambia counties are set to receive automatic replacement benefits as a result of Hurricane Sally, the Alabama Department of Human Resources announced Thursday.

Recipients who received their benefits Sept. 1 through Sept. 16 will receive a replacement of 50 percent of their regular monthly benefit. Those who received supplemental pandemic maximum allotment payments will receive a replacement of 30 percent of those benefits.

The U.S. Department of Agriculture Food and Nutrition Service approved the replacement benefits today at the request of DHR. The benefits are intended to replace food purchased with SNAP that was lost to widespread power outages caused when Hurricane Sally made landfall on Sept. 16.

“Our priority is to remove the very real threat of hunger for the many Alabamians who are struggling from the devastation of Hurricane Sally,” said Alabama DHR Commissioner Nancy Buckner. “The first step toward that goal is to replace the food that so many Alabamians lost to the storm. We are actively working to obtain additional resources to provide much-needed relief for the region as it recovers.”

Hurricane Sally caused over 265,000 households to lose power for at least four hours in Mobile, Baldwin and Escambia counties, where approximately 54,000 households will receive SNAP benefits totaling an estimated $8.5 million.

Those recipients should expect to see the replacement benefits automatically loaded onto their EBT cards next week.

The Food Assistance Division of DHR administers the SNAP program in Alabama.

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More information about the program can be found at dhr.alabama.gov/food-assistance.

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Economy

Unemployment assistance available to workers in Baldwin, Escambia and Mobile Counties

Staff

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Gov. Kay Ivey took a tour of the damage from Hurricane Sally on the gulf coast Friday September 18, 2020. (Governor's Office/Hal Yeager)

Alabama Department of Labor Secretary Fitzgerald Washington announced Thursday that workers who became unemployed as a direct result of Hurricane Sally in Baldwin, Escambia and Mobile Counties may qualify for unemployment assistance.

People who live in or worked in these counties and became unemployed due to Hurricane Sally during the period of Sept. 14, 2020, may be eligible for assistance under the Disaster Unemployment Assistance program, which was triggered when President Donald Trump designated the area as a disaster area on Sept. 20, 2020.

“Generally, those who are eligible for state unemployment benefits are not eligible for DUA, but a claimant may qualify if state unemployment compensation benefits are exhausted,” said Washington. “If you believe you are entitled to these benefits, I urge you to file a claim to see if you are eligible.”

People who may be eligible for Disaster Unemployment Assistance include the following:

  • Individuals who no longer have a job, are unable to reach the place of employment, or were scheduled to start work in the major disaster area and the job no longer exists
  • Those who became the breadwinner or major support of the family because the head of household died, or those who cannot work because of an injury incurred during the major disaster

All the previously described circumstances must be as a direct result of the hurricane. Self-employed individuals must provide a copy of their 2019 tax return, business license or Form 1099 within 21 days after applying for DUA benefits.

Claims can be filed through ADOL’s website at labor.alabama.gov or by calling 1-866-234-5382.

The deadline to file a DUA claim is Oct. 28, 2020, for Baldwin, Escambia and Mobile Counties.

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