Sunday, August 6, 2006
Former Gov. Don Siegelman (Alabama) and former CEO of HealthSouth Richard Scrushy moved for the dismissal of their criminal convictions. According to the Birmingham News here and the Wall Street Jrl here, the two are arguing that campaign contributions should not be the basis for the indictment. This is not a new argument, and the Supreme Court has struggled on two prior occasions with the role of campaign contributions when the Hobbs Act (extortion) is charged. The Court required a quid pro quo (McCormick), but allowed passive acceptance to be a basis of a Hobbs Act violation involving a campaign contribution. (Evans).
It also sounds like there will be an argument claiming that the prosecution exceeded the statute of limitations in bringing a charge.