Assistant U.S. Attorneys John J. Pease and Robert A. Zauzmer want a federal judge to resentence Fumo to at least 15 years - triple his current sentence for fraud and corruption.
They said the e-mails, taken from Fumo's last six months in prison, show him to be "unchanged, convinced that he committed no crime, wholly unrepentant, virulently hostile towards the prosecutors and all other law enforcement officials. ..."
The prosecutors said that they recently obtained the e-mails and that Fumo, as a prisoner, was well aware that the material would not necessarily be kept private.
In one message, Fumo talked about "this whole nightmare of my case. I never hurt anyone in my life. There were no victims."
"But because of who I was and the jealousies that swirl around my success and power, I was targeted. In the end, I got convicted of technical b-s-. But the press started a feeding frenzy that still has not subsided."
He called the federal jury that convicted him on every count in 2009 "dumb, corrupt, and prejudiced."
The e-mail was sent to Fumo's lawyers, his fiancee, and others.
Fumo's lawyers filed a short brief late Friday urging U.S. District Judge Ronald E. Buckwalter to reinstitute the 55-month sentence he imposed two years ago. They said Fumo deserved leniency because of his age and poor health.
They described Fumo as someone who, "despite his faults, was preoccupied to an extraordinary degree with helping others at any scale and never turned a deaf ear or a blind eye to a worthy cause or a person in distress."
Though the prosecution filed its brief first, the defense's 14-page filing made no mention of the e-mails. Peter Goldberger, one of Fumo's lawyers, said court rules barred it from responding immediately.
In a filing last month, Fumo's lawyers also urged Buckwalter in similar terms to reinstate the controversial sentence.
In August, the U.S. Court of Appeals for the Third Circuit ordered Buckwalter to resentence Fumo. Without specifying what sentence should be imposed, it said Buckwalter had made numerous legal mistakes in arriving at the sentence imposed in 2009.
Among other criticisms, the appeals court said Buckwalter put too low a price tag on the cost of Fumo's crimes.
Buckwalter had concluded that Fumo cost taxpayers and other victims just under $2.5 million, but prosecutors said the correct loss was $4 million.
Under federal sentencing guidelines, the recommended term of imprisonment shoots up dramatically once crimes exceed $2.5 million.
Buckwalter is to issue the new sentence after a hearing Nov. 9.
Once one of the most powerful Democrats in Harrisburg and Philadelphia, Fumo, now 68, was found guilty on all 137 counts he faced.
He was convicted of defrauding the state Senate by handing out no-work contracts; of wildly overpaying his staff members while they did personal and partisan tasks for him; and of using taxpayer money to dig up political and personal dirt, even spying on his own son and daughter.
Fumo also siphoned off money and staff time worth hundreds of thousands from a South Philadelphia civic organization. He took free vacations year after year on luxury motor yachts that belonged to Philadelphia's Independence Seaport Museum, where he was a board member.
Finally, he staged a cover-up, having his staff delete thousands of e-mails, which the government said could have masked even more crimes.
Last month, Fumo's lawyers described him as a sad figure behind bars in Ashland, Ky., overweight, with long hair and a beard, depressed and anxious after the appeals court reopened the question of how much time he would serve.
Weeks before the resentencing hearing, prison officials have already put Fumo on the circuitous route to get him to Philadelphia for the session.
According to prison officials, he was transferred Oct. 20 from the Ashland prison camp to the federal prison in Atlanta. Since Wednesday, he has been held at a federal detention center in Brooklyn, N.Y., presumably to await the Philadelphia hearing.
To spare him arduous travel, his defense team last month asked Buckwalter to permit Fumo to take part in the resentencing via a remote video hookup from the Kentucky prison. Buckwalter rejected that.
Contact staff writer Craig R. McCoy at 215-854-4821 or email@example.com.