Fieger’s Judge Gets Curious

I never wanted Jeffrey Fieger to be my governor. But I’m looking forward to the way he fights his campaign finance charges, particularly now that the judge appears to think the investigation into him was politically motivated.

A federal judge in Detroit peppered a prosecutor with questions Tuesdayto find out whether the investigation that resulted in the Augustindictment of Southfield lawyer Geoffrey Fieger on campaign financecharges was politically motivated.

U.S. District Judge Paul Borman also wanted to know why it took 75 to80 federal agents to raid Fieger’s law office and confront 32 employeeson the doorsteps after dark in November 2005.

[snip]

Borman is mulling over a request by Fieger’s lawyers to let them gatherevidence and depose past and present Justice Department officials tofind out whether the Bush administration ordered the probe. If it did,Fieger’s lawyers want the charges dismissed.

Potential deposition targets could include former Attorney GeneralAlberto Gonzales and former White House political adviser Karl Rove.

This prosecution is one of several that appear to have targeted trial lawyers who were big money donors to Democrats, particularly John Edwards. And Fieger’s the kind of scrappy fighter who may well pull this off.

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  1. BlueStateRedhead says:

    Did Michigan meet Alabama in Rove’s office? Is it premature or overly optimistic to think that it’s timeline time for politically motivated prosecutions?

  2. Anonymous says:

    A word of caution: while it’s a separate issue from whether the feds engaged in overkill, Feiger certainly is an obvious target. Remember, the federal indictment didn’t come down until a few months ago, but he’s been fighting charges of violating Michigan campaign finance laws since 2005, and he was accused by the Michigan AG of trying to extort an end to the state investigation in exchange for not going public about the AG’s extramarital affair.

    I think Fieger may be one of those rare cases where there was a good reason to investigate him for campaign finance violations.

  3. Neil says:

    If Feiger broke campaign finance law and was targeted by DOJ as a strategic prosecution of a Democrat, let discovery help make both cases.

    Talking about campaign finance, Inhofe is earning his keep battling climate change legislation in the Senate. Will his financiers, energy companies get their money’s worth? What about the people of Oklahoma? Do they deserve representation or is their best interest an afterthought?

  4. Anonymous says:

    Neil – Don’t sell Oklahoma short; there are an awful lot of Imhofes there. There is a very sizable portion of the population that IS getting representation through Imhofe. Scary.

    DHinMI – You folks up there sure have a lot more exposure and better long term and big picture read on Fieger than some cluck out here in the desert, but he has his appealing qualities. I was around him a bit at a big national trial lawyers conference for a couple of days and, although a bit full of himself (a characteristic of everybody there, including me, I might add), he really was a pretty bright, funny and engaging guy. Of course, that really has no bearing on campaign finance issues…..

  5. freepatriot says:

    so if Fieger IS guilty, and kkkarl rove was responsible for causing the investigation, Fieger gets off and kkkarl goes to jail for obstructing justice

    does kkkarl understand how that works ???

    probably not

  6. NC Dem says:

    There was large article in my local Raleigh News & Observer today on the charges against the law firm of Milberg Weiss which has locations in NY and CA. This article was from NYT’s. In this article they also reference connections in this case to John Edwards. Based upon my review, it appears that much of these charges were started in 2003 and early 2004. Remember at this time, the President was madly pulling his hair out over increased costs to all American services caused by trial lawyers and frivolous lawsuits. Also remember that Edwards was one of the presidential candidates that the Bush administration feared in the 2004 campaign. I think these type cases are an extension of political efforts by Rove to intimidate Democrats.

  7. hayduke says:

    to me, Geoffrey Fieger is a modern day Robin Hood. he fights the right fights at the right time. whether the feds can pin this on him, I really don’t know yet. But he sure has had cases overturned by judges that limited large jury awards. That alone is suspicious. His dispute with the MI Supreme Court bozo’s is real public. His dispute with our Atty Gen, the same. That guy is also a piece of work. If Jack K had folowed Geoffrey’s advice, he likely would have avoided jail.

    Why hell, he seems just like a character from an Ed Abbey book….

    finally: the bastards have been and continue to go after John Edwards. I suspect they fear him most if put before the electorate in November of 2008.

  8. JohnLopresti says:

    On the trial lawyer policy of the administration, there were partisan fundraising concerns explicit during the Bush2000 campaign, parallel to what the administration has tried to accomplish both nationally and thru various states’ local regulatory processes, to lessen the opposing party’s conduits of campaign cash thru ploys such as tightening 527 contribution regs, or in one state of which I know, by launching an ’initiative’ to ban public service employee payroll lineitem deduction contributions directly to pacs and the like, a measure which originated at RNC cookiecutter style and which was exposed as more nationwide interference with local constitutional law and got defeated soundly at the polls. There is a complementary facet to the antitriallawyer gambit, which is the Republican corollary of business friendliness, by easing the total amount of anticipated punitive damages in torts, a measure passed although somewhat ameliorated in congress. But that is only as newsworthy as the similar techniques which have been hallmark policies of this administration, as in the argument at Scotus over MA v EPA, wherein the associate justices had to scold the EPA administrator who said he refused to make the assessment of whether that watchdog agency would try to curtail polluting gases emanating from US sources that melt icecaps; and if forced to evaluate, would refuse to implement any regs which would add to commerce costs of doing business.

  9. Jodi says:

    (at a meeting of Sinners Anonymous somewhere…)

    I am Karl Rove. (Hi Karl.)

    I have been diagnosed as having one week to live. My Pastor says to get into heaven I will have to make a full confession.

    So — I alone cause Children’s Autism. At night and sometimes during the day, I am listening to Progressive’s phone calls. I caused genocide in 3 African States including Darfur. I ordered the Koll and the 911 bombings. bin Laden is a cousin of mine. I caused the outing of that Plame babe because she diss’ed me. I have held Dick Cheney’s shiny stainlesss steel balls in these very hands.

    Global warming has been a hobby of mine since I was a child, and I am doing pretty good with the drought this year too. I was spreading Nuclear weapons throughout the world, but I guess my death will cut that short.

    I did… I did… I did…

    There, now can I get to Heaven please before emptywheel and free patriot hang me out to dry?

    Gee, progressives seem to see Karl behind every bush, in every shadow, at every window.

  10. Anonymous says:

    Thats because KKKarl IS behind the biggest Bush; nitwit.

    By the way Jodidiot, bin Laden would be on the good side of Rove’s creepy little family. Why don’t you read about his father? Perhaps those hands holding â€Dick Cheney’s shiny stainless steel balls†also contain his father’s solid gold cock ring……

  11. P J Evans says:

    When did Koll and 911 get bombed?
    Can companies and numbers get bombed?
    Is Jodi-the-troll a wannabe comedy writer, or just another has-been?

  12. Anonymous says:

    bmaz–Fieger’s all those things and more, including a true believer in using the judicial system to also be a system of justice, a believer in helping the little guy, and someone whose self-absorption would make Narcissus blush. The problem is that he’s quite reckless. It’s not that he makes a big deal about his wins and does and says outrageous things–one of the best was when he referred to the infant triplets of corpulent Republican and then-governor John Engler as â€the pigletsâ€â€“as much as that he seems to pursue his version of justice with lax regard for the law. There have been charges of venue shopping, which I know lots of attorneys do, but seldom as transparently as Fieger. iirc, at one point he voted from two different addresses in the same election, or maybe it was that he filed to run for office in one place while registered somewhere else; it was something like that. Collectively, these things haven’t been that big. But there’s a pattern of recklessness and of inviting and practically daring people to take him on, and then making it ridiculously easy to screw him. The state finance charges stemmed from him running an independent expenditure campaign against a MI Supreme Court justice–they’re elected in Michigan–but not filing the paperwork for months and months after he did it, and sortakinda looking like he had tried to slip through without getting caught. Then he and one of his associates allegedly tried to extort the MI AG to not pursue the case and Feiger wouldn’t release the evidence he had of the AG’s extra-marital affair.

    So, I know Marcy probably disagrees with me, and like I said, the conduct of the prosecution is a separate matter, but targeting Feiger for campaign finance violations when he had already had a very public run-in on state campaign finance violations that are similar in nature to the federal charges seems to me to be just as or even more likely to have been a case of normal prosecutorial targeting.

    I am more than willing, however, to admit that I could be wrong on this. The issue is whether Fieger fits in with the pattern of the rest, not whether there’s a pattern.

  13. Anonymous says:

    DHinMI – Yeah, I can definitely see the â€reckless†traits you note. Sounds about right; he is clearly a results oriented guy that tries to keep a lot of plates in the air which invariably leads to sloppiness on the fringe. A deadly thing if you are in the public eye. So, I guess time will tell, but I can easily see your thoughts actually being the case; but I hope not, the Feigers in life keep things interesting and amusing. As to venue and forum shopping; heh heh. I got some what is probably not news for you. Any, and every, good trial lawyer venue and forum shops to every extent he can possibly pull out of his butt. And why wouldn’t you; indeed, it is arguably your ethical duty under the obligation to represent your client as zealously and optimally as possible under the law. Hey, as long as it is a legal forum, possessing sufficient jurisdiction over the controversy, I don’t really understand what the problem is that many people seem to take away from this practice. But, then again, as repetitive and unrepentant practitioner of the tact, I wasn’t particularly looking to see the point either…..

  14. freepatriot says:

    yo PJ Evans

    I never knew those last two choices were mutually exclusive

    some of these guys never had a prime

  15. JTF says:

    Fieger is a bit of a loon. Do a short bit of research and quickly become skeptical about his claims. The guy is the #1 or #2 trial attorney in Michigan – and he defended â€Dr. Death†Kevorkian. My guess is that the USA’s office and the FBI went in overloaded because they expected grandstanding.

  16. P J Evans says:

    freepatriot

    I have to admit that Jodi-the-troll doesn’t seem to have had a prime any time that it’s been here. Possibly as a child ….

  17. Shit Stain Remover says:

    Is Jodi-the-troll a wannabe comedy writer, or just another has-been?
    Posted by: P J Evans | October 18, 2007 at 14:59

    Jodi is a shit stain comedy writer has-been, who gas no use for the facts nor giving her posts any forethought.

  18. prostratedragon says:

    My respect for Feiger’s lawyering abilities grew when I saw how quickly Dr. Kevorkian was bundled off to jail without him.

  19. Anonymous says:

    Jane’s site seems to be down.

    The FISA bill doesn’t matter. Its a Constitutional issue. And then we will impeach the judges ass.

  20. Anonymous says:

    Fieger’s reckless and brazen ego is a shiny object. The real story here is that a reliable source of progressive monies was targeted for reasons that look weak; the â€raid†allowed the fibbies access to a LOT of Fieger’s records. Who were Fieger’s clients? Who were Fieger’s progressive friends? Who were Fieger’s preferred candidates to whom he might donate money in the near future? At first I wondered why the fibbies would bother with going through this stuff since they’ve likely been listening in…but perhaps there’s something in Fieger’s records that won’t come up in conversation over the phone that somebody wanted. And maybe Fieger is a likely donor for Senator Levin, and perhaps Fieger’s got a list of likely donors for both Levin and for other candidates that opposition party members do not want to see financed.

    And maybe Fieger’s the kind of guy who might actually pursue cases for minority members who are disenfranchised voters…

    75-80 fibbies is a lot of people for an office with 16 attorneys, and likely 16-25 paralegals and admin folks. But maybe not enough people to go through a big pile of documents all at one time.

  21. emptywheel says:

    jodi, silly, don’t you know how to read?

    I’ve never said Rove caused the outing of Plame. Because he didn’t cause it–Dick Cheney did.

  22. darclay says:

    EW,
    I know my post was off topic, but I was wondering why the post was removed? I do not think I said anything offensive, and noticed that others have been off topic and not removed.
    My comment was asking you to give your take on Dodds hold on the FISA Bill and why the blackout by MSM. I just found it curious and stated that maybe the other canidates might be shills.

  23. Jodi says:

    darclay,

    you are getting paranoid which is one of the first signs of the progressive disease.

    Please see a Doctor before it is too late.

  24. kaleidescope says:

    A couple of light years ago, a friend of mine in Madison, Wisconsin was prosecuted for refusing to register for the draft. He had a liberal trial-level judge. My friend made the argument that the Reagan Administration had selectively prosecuted only vocal opponents of the draft and the trial judge agreed that this was a relevant issue. The trial judge granted my friend’s request to subpoena then Attorney General Ed Meese to make Meese testify about the selectivity of the prosecution. When the government refused to produce Meese, the judge dismissed the case. The government appealed

    On appeal before the 7th Circuit, the trial judge was reversed. The opinion, written by Judge Posner, found that Meese should never have been subpoenaed because the issue of selectivity of prosecution was irrelevant. Posner held that the government had great prosecutorial discretion which allowed it to prosecute only those who vocally opposed it.

    This case is still good law.

  25. Darclay says:

    Jodi, Paranoid…I don’t think so. Yet again you seem not to have read or watched the news as is the case with you, uninformed and seriously inept at reading I assume.

  26. Shit Stain Remover says:

    you are getting paranoid which is one of the first signs of the progressive disease.
    Posted by: Jodi | October 19, 2007 at 10:14

    Shit Stain.

    Alchoholism is a progressive disease. Artherosclorosis also known as stiff arteries is a progressive disease. But paranoia is not always progressive.

    Paranoia is often associated with psychotic illnesses, particularly schizophrenia, although attenuated features may be present in other primarily non-psychotic diagnoses, such as paranoid personality disorder. Paranoia can also be a side effect of medication or recreational drugs, particularly marijuana and stimulants such as methamphetamine.

    In the unrestricted use of the term, common paranoid delusions can include the belief that the person is being followed, poisoned or loved at a distance (often by a media figure or important person, a delusion known as erotomania or de Clerambault syndrome).

    Other common paranoid delusions include the belief that the person has an imaginary disease or parasitic infection (delusional parasitosis); that the person is on a special quest or has been chosen by God; that the person has had thoughts inserted or removed from conscious thought; or that the person’s actions are being controlled by an external force.

    If as Bush claims, he believes God told him to invade Iraq, we’ve got a paranoid delusional in the Oval Office and a war mongering VP in the anti-room.

  27. orionATL says:

    i think rayne’s point is crucial here.

    scott horton at harper’s has educated me about judge rob’t jackson’s comment along the lines of –

    the prosecutor who is vindictive can take many routes if he wishes to destroy a targeted individual.

    and, i would add,

    IT IS CRUCIAL TO UNDERSTAND

    that the route the prosecutor (or other gov’t official) chooses for persecution

    will always APPEAR,

    to all but the best informed on the matter,

    to be a single valid application of the law.

    as jackson says (sort of),

    there are hundreds of laws, of great and little consequence, and any human older than 1 day has probably broken at least one of them.

    the general principle is beautifully, and sadly, illustrated by the conduct of the u.s. ICE (immigration) toward the family of a young vietnamese woman who spoke out at one of rep zoe lofgren’s hearings on immigration.

    she and her family have been deported to germany.

    this technique –

    using the law to intimidate and crush political opponents –

    is the center, the core of political â€persuasion†in the bush/cheney presidency.

    from valerie plame, to citizens wearing anti-bush t-shirts, to lawyers who give money to democrats, to former alabama gov don siegelman, to soldiers protesting american corruption in iraq, et al.,

    the bush/cheney despotism sends the message – don’t challenge us.

    ant they send it ruthlessly and repeatedly.

    ask yourself this question:

    if i were to take a public stand in opposition to a bush/cheney policy,

    should i expect my public opposition to be tolerated and honored as my right as a citizens?

    or should i expect harsh retaliation?

    each of us knows the answer to that question.

    i often cite here the fact that marcy’s carry-on luggage was searched and her business cards read each-by-each,

    by transportation â€security†forces one day after she finished live-blogging the libby trial.

    go read that â€think progress†article on tam tran and pay particular attention to the footnotes.

    intimidation thru law is the cornerstone of this administration –

    a streak of despotic meanness that runs thru EVERY policy or action the administration takes.

  28. MarkH says:

    So, Judge Posner said it was alright to selectively apply â€equal treatment under the lawâ€. How droll.

  29. Jodi says:

    darclay

    I read this quote by you at Oct 19, 8:10
    â€EW,
    I know my post was off topic, but I was wondering why the post was removed? I do not think I said anything offensive, and noticed that others have been off topic and not removed.â€

    My guess is you failed to press the right key is why it isn’t there.