AUGUST 25 2010

1. Don Siegelman and the Evil of a Political Prosecution
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1. Don Siegelman and the Evil of a Political
Prosecution
By Roger Shuler of Legal Schnauzer

The Siegelman/Scrushy case might eventually come down to this: Is it
more important that we protect the  of concept of prosecutorial
discretion or that we protect individuals from abusive prosecutions?
One is a legal doctrine created by the legal profession; the other is a
constitutional guarantee. Which is more important?

More than 100 years ago, the U.S. Supreme Court warned about the
dangers of rogue prosecutors who use their powers for improper
reasons. In Yick Wo v. Hopkins, 118 U.S. 356 (1886), the court wrote:

    Though the law itself be fair on its face, and impartial in
    appearance, yet, if it is applied with an evil eye and an unequal
    hand, so as practically to make unjust and illegal
    discriminations between persons in similar circumstances,
    material to their rights, the denial of equal justice is still within
    the prohibition of the constitution.

Do we still take that warning seriously? Do we still take the Due
Process Clause seriously?

The outcome of the Siegelman case will tell us.


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