Press Releases
Alabama Democratic Party Questions Subpoena Deliveries and Public Displays by U.S. Marshals
March 10, 2008
Raises Question of Republican Political Operatives Having Advance Knowledge
Montgomery, AL - Alabama Democratic Party Executive Director Jim Spearman today called into question the method by which U.S. Marshals attempted to serve legislators subpoenas to appear to testify in a grand jury proceeding. Reporters were apparently tipped off by calls stating U.S. Marshals were coming to the Alabama Statehouse to serve some legislators. "The drama surrounding these actions and the U.S. Department of Justice's disruption of a legislative session for the routine serving of a summons to appear in court sends a poor signal to Alabama citizens who are already complaining about partisan political interference into the federal prosecution of former Democratic Governor Don Siegelman," says Spearman.
"These ladies and gentlemen have not been charged with a crime and could have been served by other means in their local communities, not in Montgomery during a legislative session in front of TV cameras and reporters." Spearman stated. State law actually prohibits serving members of the legislature while they are in session. Section 29-1-7 of the Alabama Code protects members from this kind of action by U.S. Marshals yesterday. In fact, the Marshals could have violated this law by their disruption of the session and have been charged with a misdemeanor.
"Thursday's action only strengthens our resolve to insist that the U.S. House and Senate as well as the U.S. Attorney General immediately launch an inquiry into Alabama's federal justice system to assure Alabama citizens that politics and partisanship have not been used in prosecutions or in the serving of subpoenas. If Republican operatives had any advance knowledge of yesterday's serving of subpoenas at the Statehouse, they should have to testify before Congress under oath." Spearman concluded.
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Posted by: Jan Davis on March 11, 2008 10:21 AM
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