Wednesday, June 4, 2008
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.
(esp) (blogging from Atlanta, Georgia)
Addendum - Scott Horton, Harper's Magazine - Siegelman Prosecution Continues to Unravel