by Glynn Wilson

MONTGOMERY, Ala., June 26 - A Mobile lawyer who is an expert in banking law and campaign finance told a federal judge Don Siegelman did not benefit personally from the contribution Richard Scrushy made to the lottery campaign, a contribution that is at the heart of the Bush Justice Department’s case against the former governor and one of Alabama’s wealthiest businessmen ever.

Photo by Glynn Wilson

U.S. attorneys Steve Feaga and Louis Franklin

“It wasn’t a bribe. I know it wasn’t a bribe,” insisted John C.H. “Jack” Miller, an attorney with the Miller-Hamilton law firm and former chair of the state Democratic Party.

He described the process of loaning money to third party campaigns, like the lottery fund, and said it was “common practice” in Alabama and across the country for politicians to sign those loans and see that they are paid off later through private donations.

The aggressive prosecution team, led by U.S. Attorney Steve Feaga, objected to Miller’s characterization, reminding U.S. District Judge Mark E. Fuller in the sentencing hearing that a jury had already convicted Siegelman of taking a bribe from Scrushy.

Defense attorney Art Leach objected to that as a mischaracterization of the charges and accused the prosecutors of “badgering the witness.”

Miller testified he has known Mr. Siegelman since he was an “up and coming” leader in high school in Mobile. He approved many loans for Siegelman over the years to help finance his campaigns for state offices, and he said Siegelman was the best fund raiser in Alabama political history and never failed to pay any of the loans back, on time.

“His word is as good as gold,” Mr. Miller said. “Don Siegelman is a totally honest man.”

When asked if he thought Mr. Siegelman was a flight risk, he cracked up everyone in the courtroom when he laughed and said, “No. If he was going to flee, he would already have flown.”

When a defense attorney asked Mr. Miller if he thought Siegelman should go to jail for his conviction, he said no.

“It would be a grave miscarriage of justice,” he testified, especially since one of his predecessors, Guy Hunt, a Republican, received probation and later a pardon for personally benefiting from taking $200,000 in inaugural funds. A proposal was launched recently by the state legislature to vote him a retirement income, because he is sick and broke up in Cullman.

After Mr. Miller’s appearance in court, he said in an interview that he thinks the 11th Circuit Court of Appeals in Atlanta will throw the case out.

He said there is little doubt that the prosecution of Siegelman and Scrushy on the charges presented was “a political persecution.”

“This is a rogue prosecutor,” he said.

While Judge Fuller has ties to Alabama Gov. Bob Riley’s son Rob from his University of Alabama fraternity days and has been accused by a Republican lawyer in North Alabama of a business conflict of interest, Mr. Miller said the judges appointed for life to the appeals court will not be partisan when ruling in the case.

“I believe in the system, ” he said.

When asked about the state of justice in America with a White House willing to trample on the rights and freedoms of Americans and fight corrupt wars in the Middle East without just provocation, he held out hope.

“There’s a new day dawning,” he said.

He pointed to the Democratic Party victory taking back control of both houses of Congress in the 2006 election, and the polls showing the Democrats winning in head to head fights with Republicans in the presidential election to take place in November, 2008.

“We’ll get the White House back,” he said. “With two branches of government, we can force justice.”

Tags: HealthSouth's Richard Scrushy On Trial

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