The government filed a Motion for Voluntary Dismissal of Government’s Cross Appeals in the case involving former Alabama Governor Don Siegelman and former CEO of HealthSouth Richard Scrushy.  The cross-appeal had been premised on the sentences given to the pair – the government wanted higher.

So why would the government drop this appeal.  Some possibilities, although whether any of these ideas have merit will only be seen down the road:

• The government realized that the sentences were appropriate and didn’t want to hurt their chances on appeal with a frivolous issue?
• Higher-ups said no dice on going forward with this cross-appeal?
• DOJ’s internal investigation is not going particularly well for the DOJ?
• Asking for draconian sentences will add pressure for Congress to look closer at why this case was originally brought?

Although the government is dropping the cross-appeal, they still want the same amount space/words allowed in their brief as if this issue were before the court. The Eleventh Circuit Court of Appeals has yet to rule on whether this dismissal warrants a modification of the brief length.

Motion – Download ygovt27smotionforvoluntarydismissalofgovt27scrossappeals.pdf

(esp) (blogging from Atlanta, Georgia)

Addendum – Scott Horton, Harper’s Magazine – Siegelman Prosecution Continues to Unravel