Wednesday, June 4, 2008

Government Has Second Thoughts in Siegelman/Scrushy Appeal

The government filed a Motion for Voluntary Dismissal of Government's Cross Appeals in the case involving former Alabama Governor Don Siegelman and former CEO of HealthSouth Richard Scrushy.  The cross-appeal had been premised on the sentences given to the pair - the government wanted higher.

So why would the government drop this appeal.  Some possibilities, although whether any of these ideas have merit will only be seen down the road:

  • The government realized that the sentences were appropriate and didn't want to hurt their chances on appeal with a frivolous issue?
  • Higher-ups said no dice on going forward with this cross-appeal?
  • DOJ's internal investigation is not going particularly well for the DOJ?
  • Asking for draconian sentences will add pressure for Congress to look closer at why this case was originally brought?

Although the government is dropping the cross-appeal, they still want the same amount space/words allowed in their brief as if this issue were before the court. The Eleventh Circuit Court of Appeals has yet to rule on whether this dismissal warrants a modification of the brief length.

Motion - Download ygovt27smotionforvoluntarydismissalofgovt27scrossappeals.pdf

(esp) (blogging from Atlanta, Georgia)

Addendum - Scott Horton, Harper's Magazine - Siegelman Prosecution Continues to Unravel

http://lawprofessors.typepad.com/whitecollarcrime_blog/2008/06/government-has.html

HealthSouth | Permalink

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