In the wake of last night's 60 Minutes report
, attorneys for Don Siegelman will be requesting
a special counsel to investigate the politicization of the prosecution.
Vince Kilborn, one of the attorneys handling Siegelman's appeal, said that the request, which will be addressed to Attorney General Michael Mukasey, will focus on 60 Minutes
' revelation that prosecutors had such problems with Nick Bailey, the government's star witness, that he had to write out his testimony over and over again to get it straight. Such notes would have been required to be turned over to Siegelman's counsel before trial. Prosecutors turned over no such material, 60 Minutes
Kilborn said that the request will focus on the obvious conflict of interest for the local U.S. attorney's office and the Justice Department to initiate an investigation. The request will be placed in the context of the U.S. attorneys firings scandal, which demonstrated the politicization of the Department. "There needs to be a hard look at this case by someone independent."
Mukasey has said
that issues with Siegelman's case should first be heard on appeal. But Kilborn said that would mean that Siegelman would spend another "year or so, maybe two" before he had a hope of being vindicated. "That's just not acceptable."
Kilborn said he expected to send his letter tomorrow.