Commentary on the Fifth Circuit Questions In Minor
In follow up to the post earlier today on the Fifth Circuit's letter to counsel in the Minor case, it seems that the Fifth Circuit is obviously troubled by the proof, if any, between the agency receiving federal funds, the Administrative Office of the Mississippi Courts, and the allegedly corrupt activity of Minor and the judges (Whitfield and Teel) that he sought to influence. First, the limiting cases on 666 violations have generally interpreted that statute very broadly, but a reasonable reading of the Court’s questions indicates a concern for the level of proof of the “nexus” between the Administrative Office of the Mississippi Courts and any agent, or activity of a particular matter before the judges.
Secondly, if such a nexus is required, it seems the Court is concerned whether the issue has been properly preserved both at trial and on appeal.
Thirdly, and most surprisingly, the Fifth Circuit, obviously knows what effect a reversal of those counts would have on the other counts of conviction, “even if the convictions on those other counts were not to be reversed?” The posing of that question by the Fifth Circuit seems almost gratuitous. Counts of conviction are routinely reversed that either don’t effect the sentence imposed, or that require re-sentencing consistent with the Court’s opinion. One has to look no further that Governor Siegelman’s recent case in front of the Eleventh Circuit. Quite frankly, re-sentencings happen all of the time after the reversal of some counts of conviction. Just odd that the Fifth Circuit would pose that question publicly.
As for Paul Minor’s quest for vindication before the Fifth Circuit, sadly, the court's letter indicates that they are going to affirm the other counts of conviction.
