MONTGOMERY, AL (WSFA) -
Former Alabama Gov. Don Siegelman
is all over the news lately, clearly trying to build public sympathy for his
attempt to gain a presidential commutation of his sentence for bribery.
But
Siegelman also feels that eventually, the Supreme Court will clarify the law on
bribery involving campaign contributions. If that happens, he said it could
provide "grounds for relief" in his case.
"But
it's a fact of our judicial system that it takes sometimes years before these cases
can be set right," Siegelman told me. He said he "may be long out of
prison" before the courts finally settle the issue of when campaign
contributions cross the line into bribery.
Siegelman,
who faces almost six years in federal prison for bribery and related charges,
is scheduled to report to federal custody on Sept. 11. He is using much of his
remaining time as a free man in a media blitz. Among those to whom he has
granted interviews are the Associated Press, Alabama Public Television, Fox
Business Network, and WAFF in Huntsville.
While
he still maintains he was the victim of a politically motivated investigation,
and while he filed an appeal this week to seek to have his sentence reduced, Siegelman
admits that his only real shot at freedom in the short term is a presidential commutation.
Last
week we predicted in a column that Siegelman would end up serving about two
years or less of his remaining sentence, with the president intervening to commute
his sentence to time served. If President
Obama does intervene and if he loses the election, it would have to happen
prior to his leaving office in January. If Obama wins, we believe it is
probably most likely to occur after the congressional elections in two years.
After
that column appeared, Siegelman called to underscore that he still feels he
eventually will be vindicated by the federal courts.
"I
know that eventually this is all going to be set right," Siegelman said.
"The Supreme Court is going to have to make a decision on what standards
of evidence will be necessary for an indictment on a campaign
contribution."
The
former state attorney general said that currently those standards are unclear
and that different lower courts are interpreting them differently.
But,
again, he said it could take years for such a determination to be made, and
that it is possible he will have served out his term before it happens.
Meanwhile,
Siegelman faces an uphill battle for a commutation of his sentence by the White
House. Out of the more than 5,700
people convicted of federal crimes who have asked Obama for a commutation, he's
granted just one, according to the Associated Press.
However, presidents tend to grant
more commutations and pardons after they have faced re-election.
Siegelman was convicted in 2006 of
appointing the founder of HealthSouth, Richard Scrushy, to a state hospital
regulatory board in exchange for Scrushy arranging $500,000 in contributions to
Siegelman's unsuccessful campaign for a state lottery. The contributions were
made in 1999, but weren't reported to the secretary of state until 2002.
Siegelman's commutation and pardon
efforts are being led by his daughter Dana and son Joseph. Dana Siegelman has
organized an online petition effort and Joseph Siegelman, a law student, is
helping to prepare the formal application, the former governor said. He said
their efforts are heartwarming.
"I couldn't have
better support," Siegelman said. "My spirits are strong and have been
buoyed by support from a lot of people over the past years."
Although the judge in
the case said he would recommend that Siegelman be allowed to serve his
sentence close to his home in Birmingham, Siegelman said that the federal Bureau
of Prisons policies probably would prevent him from being assigned to one of
the federal facilities in Alabama -- including the one at Maxwell Air Force
Base in Montgomery or the facility in Talladega -- because is a former state
attorney general.