BY JEFFREY TOOBIN

Since the midterm elections, President Barack Obama has been acting as if he feels liberated from parochial political concerns. After taking action on immigration, Cuba, and climate change, he should take on another risky, if less well-known, challenge by commuting the prison sentence of Don Siegelman, the former governor of Alabama.
Siegelman, a Democrat, served a single term in office, from 1999 to 2003, in the last days before Alabama turned into an overwhelmingly Republican state. He’s spent the subsequent decade dealing with the fallout from the case that landed him in prison—a case that, at its core, is about a single campaign contribution. Siegelman ran for office on a promise to create a state lottery to fund education in Alabama. The issue went to a ballot question, and Richard Scrushy, a prominent health-care executive, donated five hundred thousand dollars to support the pro-lottery campaign. (Voters rejected the lottery.) After Scrushy had given the first half of his contribution, Siegelman reappointed him to Alabama’s Certificate of Need Review Board (the CON Board), which regulates health care in the state. Scrushy had served on the CON Board through the administrations of three different governors. The heart of the case against Siegelman came down to a single conversation that he had with Nick Bailey, a close aide of the Governor’s, about a two-hundred-and-fifty-thousand-dollar check from Scrushy for the lottery campaign. As summarized by the appeals court:

Bailey testified that after the meeting, Siegelman showed him the check, said that it was from Scrushy and that Scrushy was “halfway there.” Bailey asked “what in the world is he going to want for that?” Siegelman replied, “the CON Board.” Bailey then asked, “I wouldn’t think that would be a problem, would it?” Siegelman responded, “I wouldn’t think so.”

In 2006, after a district-court trial before Judge Mark Fuller, Siegelman was convicted of seven counts, including bribery, conspiracy, and fraud. He was acquitted of twenty-two charges and sentenced to seven years in prison. (An appeals court overturned two of the seven convictions and allowed Siegelman out on bail during some of the time his case was on appeal.) Siegelman is currently incarcerated in a federal prison in Oklahoma; his projected release date is in 2017.
Throughout Siegelman’s legal ordeal, the Supreme Court has been in the process of deregulating American politics, most notably in the 2010 Citizens United decision. In that case, the Justices found that money is speech—that contributing to a political campaign amounts to a protected activity under the First Amendment. As the appeals court in Siegelman’s case noted, the charges in his case “impact the First Amendment’s core values—protection of free political speech and the right to support issues of great public importance. It would be a particularly dangerous legal error from a civic point of view to instruct a jury that they may convict a defendant for his exercise of either of these constitutionally protected activities.”
It seems clear that Siegelman was conducting the seedy, but routine, business of contemporary American politics. Scrushy contributed because he wanted something in return, which is why many, if not most, people contribute to political campaigns. (George Will made this point in a column in defense of Siegelman.) Why do “bundlers” become Ambassadors in congenial countries? Why do local contractors support mayoral candidates? Why do real-estate developers give to prospective (and incumbent) governors? Because they want something. Siegelman was convicted because the quid pro quo was too “explicit”—but, beyond the conversation about what Scrushy might want, there was no clear evidence that it was. Thanks to the courts, the line between illegal bribery by campaign contribution and the ordinary business of politics has all but disappeared. Throwing a man in prison for activity at the murky barrier between the two is simply unjust.
Siegelman should be freed, too, because there was a distasteful overlay of politics to his prosecution. According to an affidavit filed by a Republican lawyer in Alabama, senior state Republicans, in the aftermath of the 2002 election, said that Karl Rove, then a top White House aide to President Bush, had promised them a Justice Department investigation of Siegelman—an investigation that then took place. The matter of White House interference in the case is unproved, but Rove certainly proved, later in the Bush Administration, that he was willing to manipulate United States Attorneys for the political advantage of the Republican Party. Given the ubiquity of quid-pro-quo politics in Alabama (and most other states), the case against Siegelman appears selective indeed.
There is another reason to question the harsh sentence dealt to the Governor. The behavior of the judge who imposed it is more than questionable. On August 10, 2014, Judge Fuller was arrested for domestic violence in an Atlanta hotel after his wife called 911. Shortly after his arrest, Fuller accepted a plea deal that would allow him to expunge his criminal record if he stayed out of further trouble. But the standard of contact for federal judges should be a great deal higher than “not exactly a felon.” At the moment, Fuller is not hearing cases, but, inexplicably, the Eleventh Circuit Court of Appeals has failed to remove him formally from his duties, and the House of Representatives has yet not begun impeachment proceedings. The state’s U.S. senators have called on Fuller to resign, but he has refused, and continues drawing a federal paycheck while doing no work. (Yesterday, Siegelman’s lawyers argued before an appellate court that the verdict should be overturned because of the alleged involvement of a lawyer who had been recused.)
Through six years in office, President Obama has been especially stingy in granting pardons and commutations. But the power to grant clemency is an important one; it should be wielded with care, but it should be used. Our prisons are nearly full. Not everyone who is there belongs there. Don Seigelman is one person who should not be incarcerated anymore, and the President can and should make sure that he is freed.

BIRMINGHAM, Ala. – Girl Scouts of North-Central Alabama will hold its annual Women of Distinction Awards Luncheon on Friday, March 6, 11:30 a.m. at the Harbert Center in downtown Birmingham. This luncheon will recognize outstanding women representing 36 counties in Alabama.
The Women of Distinction program pays tribute to women who have made special contributions to their community through civic, academic or professional involvement and are exemplary role models for today’s girls.

Gillian Goodrich, a resident of Mountain Brook, will receive the Mildred Bell Johnson Lifetime Achievement Award.
Dr. Cathy Randall, a resident of Tuscaloosa, will receive the Karen LaMoreaux Bryan Lifetime Achievement Award.

These awards are given annually to women who have prior affiliations with Girl Scouting and have made lifelong contributions to her community by distinguishing herself through professional, community or humanitarian efforts. Each of these awards honors the memory of a beloved community leader whose contributions had far-reaching impact in their respective communities of Alabama.
The 2015 Women of Distinction Honorees are:
·       Rebekah Elgin Council, Birmingham – Blue Cross Blue Shield of Alabama, VP Marketing
·       Dr. Denise Jones Gregory, Birmingham – Samford University, Asst. Professor/Director of Diversity and Intercultural Initiatives
·       Dr. Doreen Harper, Birmingham – Dean, UAB School of Nursing
·       Jean Lynch, Birmingham – Alabama Power Company, Human Resources Manager
·       Valerie Ramsbacher, Birmingham – Regions Bank, VP Corporate Advocacy
·       Erica Sheffield, Lincoln – Honda Manufacturing of Alabama, LLC., Counsel
·       Dr. Annette Shelby, Tuscaloosa – Georgetown University, Professor Emerita

Proceeds from the Women of Distinction Luncheon provide direct support to Girl Scouts of North-Central Alabama, which serves more than 14,000 girl members in 36 counties.

For more information on reservations or sponsorships, please contact Tonya Mines at 800-734-4541 x1030 or tmines@gilscoutsnca.org. Tickets to the luncheon are $60 for general admission and $45 for Girl Scout members.

BIRMINGHAM, Ala. – The YWCA Central Alabama will take its mission of “eliminating racism and empowering women” to today’s youth by hosting Make A Change, a social justice program for high school students and educators. The one-day leadership training is set for Sunday, January 25 from 2-6 p.m. at the YWCA, 309 23rd Street North, Birmingham, AL 35203.
The Make A Change program focuses on facing the issues that affect schools and communities. Through interactive activities and open, honest dialogue, participants will take an in-depth look at a social justice topic and will be empowered to make a change.
In the past, Make A Change participants have focused on immigration, privilege and LGBTQ youth. Students have left each year more knowledgeable about each of the topics, empowered and with a fresh perspective. Often, a student’s interest in social justice is sparked at Make A Change and he or she will attend Anytown Alabama, a one-week social justice leadership camp held in the summer, in an effort to learn more and garner additional tools to create a more inclusive community.

Here’s what some former participants had to say about their Make A Change experience:
•    “I really got in touch with so many issues today. I made so many realizations. This was a really great experience.”
•    “This was a great experience and exactly what I needed at this time in my life. I can be the next, more aware generation. Thank you so much.”
•    “Make a Change was an AMAZING, AMAZING experience. I’m glad I could be here and I hope to attend Anytown this summer.”

Admission to Make A Change is $10 per person and includes program materials, snacks and a Make a Change T-shirt. Tickets can be purchased online at www.makeachange15.eventbrite.com. Additional information about the program is available at www.ywcabham.org/make-change.
Send questions to anytown@ywcabham.org or call (205) 322-9922 ex 180.

YWCA AmeriCorps Seeks Child Development Center Member

BIRMINGHAM, Ala. – YWCA Central Alabama has an AmeriCorps member position available, starting immediately. The position is with the YWCA Central Alabama’s Child Development Center and is designed for a degreed candidate, or applicant with some college experience, to help further the work of the YWCA and its partnering agencies in the community. The ideal candidate is dedicated, works well in a team environment, has a passion for and experience with educating and caring for babies and young children, and is able to sensitively serve people from varying walks of life.

Benefits include a living allowance (in lieu of a salary) of $900/month, an educational award of $2,822 upon completion, an opportunity to serve 32 hours per week with one of Birmingham’s premier nonprofit organizations and extensive professional development. Men and women are encouraged to apply. extensive background checks are performed on members.

The YWCA’s Building Communities, Bettering Lives AmeriCorps placement lasts through August 15, 2015, and applicants must be able to commit to serving until that date. Visit www.ywcabham.org/americorps for more details. Send resumes, cover letters and questions to americorps@ywcabham.org. No phone calls, please.

Equal Opportunity Employer: The YWCA is an equal opportunity employer committed to providing a workplace free of unlawful discrimination. As such, the YWCA does not discriminate against any applicant or employee on the basis of race, color, sex, religion, national origin, sexual orientation, age or physical mental disabilities.

   Largest school choice rally in Alabama history to be led by civil rights leaders; participants to demand more education options for families at event during National School Choice Week

 MONTGOMERY – School choice supporters and civil rights leaders will gather for a historic march on Montgomery, Alabama, to demand greater school choice in the Yellowhammer State, organizers have announced.
 The march and rally, which will take place on Wednesday, January 28, will be led by civil rights champion Dr. Howard Fuller and education reform leader Kevin P. Chavous. More than 2,000 students, parents, teachers, community leaders, and elected officials from across the state are expected to attend, sending a clear message that leaders in Montgomery must dedicate themselves to protecting and expanding K-12 educational choices for children and families.
 The march and rally will begin at 9 a.m. at the Doubletree Hotel in Montgomery, and attendees will march to the South Lawn of the Alabama Capitol, where community leaders, students, and parents will speak. The event is timed to coincide with National School Choice Week, which will be America’s largest-ever celebration of opportunity in education.
 “The Alabama Opportunity Scholarship Fund is honored to be part of a movement that is changing lives and saving generations,” said Sonya DiCarlo of the Alabama Opportunity Scholarship Fund. “Parents across the state are knocking down our doors to apply for scholarships that will open the doors to educational opportunity. It’s time to celebrate something that has never before been available in the state of Alabama, choice in education.”
 “The Alabama Federation for Children is excited that families across the state of Alabama finally have a choice when it comes to the education of their children,” said Ryan Cantrell of American Federation for Children – Alabama. “This National School Choice Week event will give us the chance to celebrate the success stories of students who have been able to take advantage of scholarships through the Alabama Accountability Act, while also rallying for more types of educational options.”
 “BAEO is incredibly excited to see steam building behind our movement to bring high-quality educational options to low-income and working-class families of Alabama. National School Choice Week is the perfect time to highlight our state’s private school scholarships made possible by the Alabama Accountability Act as well as to talk about how far we have to go in pushing for added options in our public education infrastructure,” said Black Alliance for Educational Options (BAEO) Alabama State Director Duncan Kirkwood. “We’re proud to be a part of National School Choice Week and we’re looking forward to continuing the push for choice in the New Year.”
 “The Foundation for Excellence in Education is excited to be a part of this annual celebration, and we applaud the growing momentum for increased school choice in Alabama,” said Patricia Levesque, CEO of the Foundation for Excellence in Education. “Assigning students to schools based on ZIP code should be a practice of the past. We must redouble our efforts to widen the doors of opportunity to every family and empower millions of parents with access to a quality education that best suits the needs of their child.”
 The Alabama Opportunity Scholarship Fund, StudentsFirst Alabama, the American Federation for Children, the Alabama Business Education Alliance, the Black Alliance for Educational Options, the Alabama Public Charter School Alliance, and the Business Council of Alabama are working together to plan the event.
 Celebrated every year in January, National School Choice Week shines a positive spotlight on all types of effective education options for children, including traditional public schools, public charter schools, magnet schools, private schools, online learning, and homeschooling. The celebration is nonpartisan and nonpolitical. National School Choice Week 2015 will feature a history-making 11,000 independently planned and independently funded events across all 50 states.

During 2015, Alabama Power is reaching out to lake residents who own deteriorating piers, boathouses and other structures. The intent is to preserve Alabama Power lake shorelines by encouraging residents to repair or remove dilapidated structures.
To help property owners, the company will:
•    Waive permit fees to repair or replace decayed, neglected or dysfunctional structures with new structures.
•    Provide trash removal sites to discard disassembled structures during the annual Renew Our Rivers cleanups.  More information can be found at http://renewourrivers.com.

“We know lake residents take pride in their homes and weekend retreats, and hope these incentives will help make decisions about upgrades or repairs that much easier,” said Billy Edge, shoreline supervisor for Alabama Power. “As we increase our focus on aging shoreline structures and those in disrepair, Alabama Power will continue to reach out to lake residents to help them find ways to voluntarily repair or remove structures during 2015.”
For more information, contact:
Smith Lake:
Steve Fletcher
205-384-7385

Weiss Lake:
Dennis Trammell
256-927-2597

Lake Harris:
Sheila Smith
256-396-5093
Lakes Martin, Yates
and Thurlow:
Rhett Hanks
256-825-0053

Lake Logan Martin
and Neely Henry Lake:
Rob Coyne
205-472-0481

Lay Lake, Lakes Mitchell,
Jordan and Bouldin:
Candy Hayes
205-755-4420

To learn more about Alabama Power’s Shoreline Management program, please visit https://www.apcshorelines.com.
Alabama Power, a subsidiary of Atlanta-based Southern Company (NYSE:SO), owns and operates 14 hydroelectric plants in Alabama providing clean, low-cost electricity. The facilities also provide more than 157,000 acres of water and more than 4,000 miles of shoreline for the public’s use and enjoyment.

BIRMINGHAM, Ala. – Council President Pro Tem Jay Roberson concluded the fifth year of the youth led movement 100 Days of Nonviolence on the birthday of world renown civil rights matriarch Dr. Martin Luther King, Jr. On Monday, January 19th, Councilor Roberson hosted a day of service that will began with a shoe distribution at A.G. Gaston Boys and Girls Club.
“When I think about Dr. King and the acts of service that he showed throughout his life, I can’t think of a better way to honor him than by following in his footsteps and hosting events such as the Samaritan’s Feet Shoe Distribution,” Councilor Roberson said.  “The partnership that we have established with Samaritan’s feet continues to grow each year, and I’m thankful that we can give back to the community in this manner.”
The acts of service didn’t stop there, as Councilor Roberson also took part in a 10 a.m. press conference that revealed plans to build DreamCourt, a multisport play space designed to promote physical fitness and fun, at the A.G. Gaston facility.
“The partnership between Councilor Roberson’s office, the WorldVentures Foundation and the A.G. Gaston Boys & Girls Club is a dynamic model for generating high impact developmental opportunities for the children of Birmingham,“ said Frank Adams, Jr. President and Chief Professional Officer A.G. Gaston Boys & Girls Club. “The multi-use surface targeted for installation by Dreamcourts will dramatically support our ongoing efforts to highlight the absolute importance for our members to pursue active and healthy life styles.”
The MLK Day of Service concluded with a huge parade that will began at 12 p.m. at Birmingham City Hall. The parade concluded at 16th Street Baptist Church, and was followed by a LIVE WALL signing at 1:15 p.m. at Kelly Ingram Park, where the community wrote expressions of the value of life and why it is important to live.
About 100 Days of Non Violence
The 100 Days of Non Violence Initiative began five years ago under the leadership of Council President Pro-Tem Jay Roberson. It runs during the months of October through January and to date no young person under the age of 18 has died to any senseless act of violence in that time. Each year young people in the City of Birmingham and surrounding communities are encouraged to sign the nonviolence pledge to bring awareness to their peers about refraining from violence all while promoting safer schools and communities.
For more information on how you can be involved in the 100 Days of Nonviolence initiative contact the Office of Council President Pro-Tem Jay Roberson at 205.254.2418.

 The Alabama School of Fine Arts Theatre Arts Department will present Richard Wright’s thought-provoking tale Native Son February 13-15 in the Dorothy Jemison Day Theater.
Curtain time on Friday and Saturday is 7:30 p.m. and Sunday at 2:30 p.m. Native Son is
being presented in conjunction with “Black History Month.”
“Native Son” introduces us to 20-year-old Bigger Thomas, raised in the poor, south side of
Chicago, and who discovers that his destiny is as predictable as the circumstances that rob him of his youth. Wright forces us to enter into Bigger’s mind and to understand the devastating
effects of the social conditions in which he was raised. Bigger was not born a violent criminal. He is a “native son”: a product of American culture and the violence and racism that suffuse it.
The production is directed by ASFA Artistic Director Jonathan Fuller. Staging is by Laura Prim and costumes by Theatre Arts department chair Peggy Hammond.
“Native Son” is a journey into the mind of someone burdened with a powerful conviction that he has no control over his life and that he cannot aspire to anything other than menial, low-wage labor. It makes us confront feelings of hopelessness, power, guilt and fear, and the decisions people make who are driven by them. Bigger is not a traditional hero by any means. However, Wright forces us to enter into Bigger’s mind and to understand the devastating effects of the social conditions in which he was raised.

Tickets are $10 for adults and $5 for students. They may be purchased by calling
205-458-0360 or online at www.djdtheater.org.
The Dorothy Jemison Day Theater is located in downtown Birmingham at 800 19th Street North. Parking is available across the street at the Boutwell Parking Deck, in open lots and curbside. For more information about the Alabama School of Fine Arts, call 205-252-9241 or go online to www.asfa.k12.al.us.

The Birmingham Police Department reports that detectives are conducting a homicide investigation. The incident occurred Thursday, January 15, 2015 in the 1600 Block of 3rd Ave. West (Birmingham Inn).
The identity of the victim will be released upon notification of immediate family.
On Thursday, January 15, 2015 around 11:05 a.m., West Precinct officers were dispatched to the listed location on a person down. Upon arrival, officers found the victim unresponsive lying on the bed in her hotel room. The victim was pronounced deceased at the scene by Birmingham Fire and Rescue.
Our investigation revealed the victim was found by the owner of the hotel who later notified police. Additional information will be released as it becomes available. Detectives are investigating the death as a homicide.
If there is anyone who has information pertaining to the case, they are encouraged to contact the B.P.D. Homicide Unit at 254-1764 or Crime Stoppers at 254-7777.

Homicide Investigation Update

The Birmingham Police Department reports that detectives have arrested and charged two suspects in connection with a homicide investigation. The incident occurred Friday 16, 2015 in the 900 Block of 28th Street South.

The victim has been identified as:
Mark Kieskowski, W/M, 47, of Birmingham, Alabama

The first suspect has been identified as:
Jason Hopkins, W/M, 28, of Fultondale, Alabama. A Capital Murder warrant with a no bond has been obtained against the suspect. The suspect is in the custody of the Jefferson County Jail.

The second suspect has been identified as:
, W/M, 46, Transient. A Capital Murder warrant with a no bond has been obtained against the suspect. The suspect is in the custody of the Jefferson County Jail.

If there is anyone who has additional information pertaining to this case, they are encouraged to contact the B.P.D. Homicide Unit at 254-1764 or Crime Stoppers at 254-7777.

The Bessemer City Council met on the morning of Jan. 20, 2015 and took the following actions:

Opened bids from companies wishing to provide wrecker service and storage of impounded vehicles  for the Bessemer Police Department. The matter was sent to the Mayor’s Office for recommendation on awarding the contract for wrecker services to the lowest responsible bidder.

Denied the rezoning of property at 3800 Bessemer Super Highway from commercial use to industrial use by the owners. The proposed use was for an auto sale, repair and recycle business.

Passed a resolution adopting the 2014 Jefferson County Multi-Hazard Mitigation Plan and FEMA Local Multi-Hazard Mitigation Planning Guidance. The move was necessary in order for the city to continue to qualify for FEMA mitigation grant assistance.

Adopted a resolution authorizing the Mayor to execute an agreement with Emcompass360, Inc. for professional consulting and application development of a FEMA Hazard Mitigation Safe Room grant.

Adopted a resolution authorizing the Mayor to enter into a funding agreement with the American Red Cross, West Jefferson/Shelby Chapter/Bessemer Branch for $15,000 for fiscal year 2015.

Authorized the Mayor to enter into an agreement with the Birmingham-Jefferson County Transit Authority for services between Oct. 1, 2014 and Sept. 30, 2015 for public transportation services at a cost of $542,973.20.

Authorized the Mayor to execute a sales contract with the Trinity Episcopal Church and the Diocese of Alabama for property at 2024 Berkley Avenue at a cost of $8,800. The property is currently a park operated by the church.

Authorized the Mayor to execute a sales contract of $275,000 for purchase of property located next to the Emergency Operations Center on Ninth Avenue SW. The property will be used as the site for a community safe room and other police-related activities.

Authorized the publication of notice to solicit resumes for qualified citizens to serve on the Bessemer Public Library Board, the Zoning Board of Adjustments and the Municipal Planning Commission and approved the use of municipal funds for advertising expense in The Birmingham News, the Western Star and The Birmingham Times between the period of Jan. 20, 2015 and Feb. 4, 2015.

Authorized the Mayor to enter into a contract with the Assistance League of Birmingham at a cost of $7000 for fiscal year 2015 to promote public health, safety, morals, security, prosperity, contentment and the general welfare of the community in Bessemer.

Authorized the Mayor to enter into a contract with the Birmingham Regional Emergency Medical Services System at a cost of $5133 to provide continuing education services for emergency medical service personnel in the city.

Authorized the Mayor to enter into a service contract with the Clay House Children’s Center at a cost of $2000 for fiscal year 2015.

Authorized the Mayor to execute a contract with the Greater Birmingham Humane Society for animal boarding, caring and disposal of domesticated dogs and cats captured by the city’s Animal Control Department.

Authorized the Mayor to apply for a FEMA Hazard Mitigation Grant for a first-responder and community safe room.

Authorized the Mayor to execute an agreement with STRADA Professional Services LLC for solution support for the Pipe Shop Community short-term and long-term flooding solution. The services will come at a cost of approximately $50,000.

Authorized the Mayor to execute an agreement for services with Magic City Smooth Jazz for a Jazz in the Park concert at Debardeleben Park on Sunday, Aug. 2, 2015.

Approved a refund of $600 to Christy Pinkard for a Civic Center refund on a canceled event.

Approved a refund of $100 to Vanessa Chavers for a Civic Center refund on a canceled event.

Authorized the payment of invoices from Jackson Harris P.C. for the month of December 2014.

Approved a proposal of legal fees to the City Council for the services of Jackson Harris P.C.

Awarded a bid to Coston General Contractors LLC at a cost of $90,347 for metal building replacement at the Bessemer Utilities Facility. The building was damaged during the April 2014 tornado in Bessemer.