She cited technical legal arguments devised with the assistance of DOJ's trial prosecutors. Since the 2006 convictions DoJ has withstood complaints that include: political prosecution with Rove, judge-shopping, jury tampering, lying about the recusalof Alabama's top prosecutor, firing a DoJ whistleblower, and suppressing evidencethat DoJ tried to blackmail its central witness.
Kagan's argument is certain to inflame Siegelman's supporters around the country if she is nominated to the Supreme Court. DOJ has requested that Fuller resentence Siegelman, now 64, to an additional 20 years in prison even though Siegelman supporters estimate they have sent DOJ, the White House and news media outlets tens of thousands of complaints in recent years.
Yet DOJ argues that Fuller should remain deciding the case because not one reasonable person in the United States would think his impartiality could be questioned, which it cites as the relevant legal standard for recusal.
Rove Renews Attacks
Concurring with DOJ's view is former White House advisor Rove, now on book tour promoting his memoir Courage and Consequence that denies any improper role by him, others in the Bush White House, prosecutors or the judge.
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