After a federal appellate court threw out two of Don Siegelman's less serious convictions and ordered that he be resentenced, Jeralyn wrote:

The case now goes back to the trial court to resentence Siegelman solely on the first seven counts. Given all the recent case law on the non-binding nature of the sentencing guidelines and the need to consider the statutory factors in 18 U.S.C. 3553, the sentencing judge could resentence him to a term of much less than [the] 7 years [originally imposed]. But, given the Judge's imposition of the upward departure, I wouldn't hold my breath hoping he's inclined to cut the former Governor some slack.

Even though Jeralyn wisely cautioned that the judge, having imposed a longer sentence than the federal sentencing guidelines recommended, might not be inclined toward leniency, Siegelman's lawyers reasonably argue that Siegelman should receive a shorter sentence since he'll be sentenced for fewer crimes. It would also be reasonable for the Justice Department to argue for reinstatement of the originally imposed sentence on the theory that the more significant, unreversed crimes drove that sentence. But nothing about the Siegelman prosecution has been reasonable, including the Justice Department's latest recommendation that Siegelman be resentenced to a term of 20 years. [more ...]

Lawyers for former Ill. Governor Rod Blagojevich have been battling the Government over whether he can use his campaign fund, Friends of Blagojevich (“FOB”) to pay legal fees. The Government obtained a temporary restraining order against the funds, claiming they are forfeitable. Blagojevich says he needs the money in the fund to pay for lawyers.

It appears a solution has been agreed on. The funds will turned over to the Court and put into a special account, from which the Court will allow his lawyers to be paid at the Criminal Justice Act rate of $110.00 per hour.

The Government notes in a filing this week (Doc. 85, available on PACER)that no lawyer has yet entered an appearance yet for Blagojevich.

So, Blagojevich cannot afford to pay personally for his own defense. And the Government and Court are willing to allow his lawyers to be paid from his campaign fund so long as they work for the reduced rate of $110 per hour and the disbursments are administered by the Cout.

Still to be worked out: How many lawyers the court will authorize for Blagojevich: [More...]

Norman Hsu, infamous bundler of 2008 campaign contributions, pleaded guilty today to running a fraudulent investment scheme -- but not to making fraudulent campaign contributions.

Hsu, 58 years old, pleaded guilty to five counts of mail fraud and five counts of wire fraud at a hearing before U.S. District Judge Victor Marrero in Manhattan.

He described his ponzi scheme:

"I would use later investments to pay off earlier investments, so as to create the impression that my investment strategy was operating properly when, in fact, it was not," Hsu said. "I knew what I was doing was illegal,"

Trial starts Monday on the campaign counts. His guilty pleas today were without a plea bargain.

I'm not convinced John Edwards is under investigation, as opposed to his campaign PAC.

Edwards confirmed the investigation Sunday but said he has been cooperating with it. His statement:

"I am confident that no funds from my campaign were used improperly," Edwards said in the statement. "However, I know that it is the role of government to ensure that this is true. We have made available to the United States both the people and the information necessary to help them get the issue resolved efficiently and in a timely matter."

I doubt he knew the details. His former campaign finance director, Fred Baron, before he died, said as much. The other bit players, Andrew Young and even new age healer Bob McGovern, if questioned by the feds, will undoubtedly make Baron out to be the decision-maker. [More..]

Former Orange County Sheriff Joe Carona got whacked with 66 months for witness tampering today in federal court. While he was acquitted of many counts at the four month trial that resulted from lengthy corruption investigation, including counts he misused his office, the judge had no patience for the tampering.

“Lying will not be tolerated in this courtroom, especially by law enforcement, especially by the leading law enforcement official in the county," said [Judge Andrew]Guilford, who held up a copy of the book “The Importance of Being Honest” and read a passage to Carona.

[More...]

A federal judge has denied former Illinois Governor Rod Blagojevich's request to modify his bond so he can go to Costa Rica and participate in a reality show.

The Judge had some good advice for Blago:

He also said Blagojevich needs to stick around to read the government's evidence, because only then will he be able to understand the jeopardy he is in.

Former Ill. Gov. Rod Blagojevich pleaded not guilty today. He is seeking permission to modify his bond to allow him to travel to Costa Rica to appear in an NBC reality show:

NBC said Tuesday it wants the former governor to appear on a show called "I'm a Celebrity ... Get Me Out of Here!" pending court approval.

Ten celebrities will be dropped into the Costa Rican jungle "to face challenges designed to test their skills in adapting to the wilderness," a network statement said.

That's one reality show I won't be watching.

U.S. District Court Judge Emmett Sullivan officially tossed former Senator Ted Stevens' conviction today due to prosecutorial misconduct.

A federal judge in Washington on Tuesday threw out the criminal conviction of former Alaska Sen. Ted Stevens because of prosecutorial misconduct and ordered a criminal probe into the Justice Department's handling of the longtime lawmaker's corruption trial.

"In nearly 25 years on the bench, I've never seen anything approaching the mishandling and misconduct that I've seen in this case," U.S. District Judge Emmet Sullivan said at the hearing, granting a government motion to throw out the conviction and dismiss the indictment.

[More...]

Former Alaska Senator Ted Stevens' criminal conviction is history, but the Judge is still going. Today (yes on Sunday) Judge Emmett Sullivan entered two orders (available on PACER):

• MINUTE ORDER as to THEODORE F. STEVENS. The Court, sua sponte, directs that by no later than 10:00 a.m. on April 6, 2009, the government shall provide to the Court copies of all material gathered post-trial and produced to the defendant. The government shall also provide to the Court all exculpatory evidence, witness interviews, 302s, and affidavits gathered, created and/or reviewed as part of the investigation into the Joy Complaint, and the attorneys notes regarding the April 15, 2008 interview with Bill Allen, whether or not that material has been produced to the defendant. Signed by Judge Emmet G. Sullivan on April 5, 2009. (AS) (Entered: 04/05/2009)

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As a reader commented in response to the question posed in a post last night -- "Will [Attorney General] Holder's first step be his last step?" -- Don Siegelman must be asking the same question.

Siegelman's trial, like Ted Stevens', was tainted by prosecutorial misconduct. If Holder dismissed Stevens' indictment to impress upon federal prosecutors the importance of fair play, shouldn't the dismissal of Siegelman's indictment be the second shot of a doubled-barreled message? Siegelman's lawyer makes that argument in a letter that deserves Holder's attention.

As expected, Former Illinois Governor Rod Blagojevich has been indicted. His brother and top aides were also indicted. You can read the Indictment here (pdf). More details here.

In addition to Rob Blagojevich, 53, and fundraiser Christopher Kelly, 50, charged were Lon Monk, 50, a lobbyist and former Blagojevich chief of staff; John Harris, 47, also a former chief of staff to Blagojevich; and William Cellini, 74, a Springfield insider for decades.

DOJ press release is here. The charges: Racketeering conspiracy, Wire fraud, Fraud conspiracy, Extortion conspiracy, Attempted extortion, False statements Forfeiture.

Why is it a Superseding Indictment? When was the first one returned and why did they have to go back to the grand jury for a second one? [Update below]

The Justice Department has asked a federal court in Alaska to throw out the conviction of former Senator Ted Stevens.

In a statement, Attorney General Eric Holder said he and other Justice lawyers had reviewed the case and "concluded that certain information should have been provided to the defense for use at trial."

"In light of this conclusion, and in consideration of the totality of the circumstances of this particular case, I have determined that it is in the interest of justice to dismiss the indictment and not proceed with a new trial," Holder said.

[More...]