Episode 3: "You Don't Have a Right Not to Be Framed" | Me and the Gov

How does a rising Democratic star with national ambitions end up in federal prison? In this episode, Governor Don Siegelman connects the dots — from a first indictment so weak the federal judge who dismissed it called it "the most unfounded criminal case" in his 29 years on the bench, to a second indictment built on the testimony of a government witness interviewed more than 70 times until his story finally matched what prosecutors needed.

Siegelman lays out, in detail: the check that a key witness swore existed — and that never did; a Department of Justice whistleblower's sworn account of that witness being pressured to "remember" something he didn't; sworn testimony from a Republican attorney about a meeting with Karl Rove to discuss timing an indictment around Siegelman's re-election campaign; and the U.S. Attorney overseeing his prosecution — whose own husband was running his opponent's campaign.

Then Siegelman goes further; into a legal doctrine most Americans have never heard of. In 2010, during the Obama administration, the Solicitor General's office argued to the U.S. Supreme Court that American citizens do not have a constitutional right not to be framed by prosecutors — a real argument, in a real case, over two men who spent 25 years in prison for a murder they didn't commit before the truth came out.

This episode isn't about one man's case. It's about a legal shield that protects prosecutors no matter which party is in power — and why, according to Siegelman, it could happen to any American.

Topics covered in this episode:

• The first indictment, dismissed with prejudice by a federal judge
• The second indictment and the witness interviewed over 70 times
• A DOJ whistleblower's account of witness coaching
• Tommy Gallion's testimony about a meeting with Karl Rove
• Absolute prosecutorial immunity and the 1976 Supreme Court precedent behind it
• The Pottawattamie County, Iowa wrongful conviction case
• The Solicitor General's 2010 Supreme Court argument on prosecutorial immunity

This is Episode 3 of Me and the Gov — a series of in-depth conversations with former Alabama Governor Don Siegelman, hosted by Nick Collado.

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