Rove and Criminal Liability

Iglesias fields questions on the Siegelman case just after the 6 minute mark in the video. He discusses how unprecedented the former governor’s prison release is. Iglesias also points to the likelihood of criminal liability on the part of Karl Rove.

AMY GOODMAN: Do you think the prosecution, the jailing of Alabama Governor Don Siegelman is related to what happened to you, David Iglesias?

DAVID IGLESIAS: I think there is a very strong circumstantial case there. I’ve not followed that issue as carefully as our own firings. But based on what I’ve read—and also, it’s really important to point out, federal courts of appeal almost never release somebody who has already been convicted and is serving time. I called my office after the Siegelman story broke. I asked one of my lawyers that does nothing but appeals. I said, “Has this happened in this district, that the circuit has released somebody we’ve convicted?” He goes, “It’s never happened.” So the listener really needs to understand how rare it was for the Fifth Circuit there to release Governor Siegelman. I think it has lots of indicia of political interference, which would explain why Rove doesn’t want to talk about it, because he has criminal liability, and he knows that.

AMY GOODMAN: And Karl Rove vowing to fight a congressional subpoena to testify on the politicization of the Justice Department, now demanding that he not have to testify under oath or that there be any transcript of his testimony?

DAVID IGLESIAS: Which is a completely unacceptable offer. I mean, any prosecutor worth his or her salt is going to say that that testimony is worthless. If it’s not under oath, not subject to the penalties of perjury, if it’s not transcribed and if it’s not public, it’s a worthless statement. I mean, I know Congress will never accept that. I believe Rove will not show up. This will—he’ll be added to the current litigation between the House of Representatives and Harriet Miers and Josh Bolten, who similarly thumb their nose at the rule of law, didn’t even show up to claim privilege.

I mean, anybody out there who’s been in the courts realizes when you get a subpoena, you can’t just ignore it. You have to show up. You have to state why you’re privileged, what information you can’t talk about for whatever reason, documents—you have to create a privilege log and specify what they are and what privilege you’re claiming. One thing you can’t do is ignore a subpoena, which is exactly what they’re doing.”