Sen. Stevens Prosecutors Held in Contempt

[Bono]

http://www.washingtonpost.com/wp-dyn/content/article/2009/02/13/AR2009021303092.html

Justice Dept. Lawyers in Contempt for Withholding Stevens Documents

By Nedra Pickler
Associated Press
Saturday, February 14, 2009; Page A07

An angry federal judge held Justice Department lawyers in contempt yesterday for failing to deliver documents to former senator  Ted Stevens's legal team, as he had ordered.

U.S. District Judge Emmet G. Sullivan called it "outrageous" that government lawyers would ignore his deadline for turning over documents.

Last month, Sullivan told the Justice Department to turn over all its internal communications regarding a whistleblower complaint against the FBI agent leading the investigation into the former Alaska senator. The agent, Chad Joy, complained about some Justice Department tactics during the trial, including not turning over evidence, and an "inappropriate relationship" between another agent working the case and the prosecution's star witness.

Stevens was convicted in October of lying on Senate disclosure documents about hundreds of thousands of dollars in gifts and home renovations from an Alaska businessman. In November, the Republican lost his bid for reelection to the Senate seat he had held since 1968.
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Stevens and his lawyers complained during the trial about prosecutors withholding information. In December, they asked for his conviction to be tossed out. As part of their request, they asked for the documents related to Joy.

During yesterday's hearing, Sullivan repeatedly asked three Justice Department lawyers sitting at the prosecution's table whether they had some reason not to turn over the documents. They finally acknowledged they did not, and Sullivan exploded in anger.

"That was a court order," he bellowed. "That wasn't a request. I didn't ask for them out of the kindness of your hearts. . . . Isn't the Department of Justice taking court orders seriously these days?"

He said he did not want to get "sidetracked" by deciding a sanction immediately and would deal with their punishment later. But he ordered them to produce the material by the end of the day.

"That's outrageous for the Department of Justice -- the largest law firm on the planet," he said. "That is not acceptable in this court."

Sullivan held all three lawyers at the table in contempt and demanded repeatedly to know who else was involved in withholding the information. Another government lawyer sitting in the back of the courtroom stood up and gave her name.

Judges rarely hold prosecutors in contempt.

The most notable recent case occurred in September 2007, when a North Carolina judge jailed prosecutor Mike Nifong for one day on a contempt charge for lying during the rape case against Duke lacrosse players.

But sanctioning federal prosecutors is even more unusual. A Washington bankruptcy judge did so in 1987, ruling that the Justice Department unlawfully tried to put a financially troubled computer firm out of business. In 1995, a federal judge in Texas held a prosecutor in contempt for refusing to provide him information that had been sealed by another judge.

[CARLHAYDEN]

It seems to me to constitute a violation of Rule 16, Federal Rules of Criminal Procedure.

The conviction should be vacated.

Strong censure of the prosecutors involved should occur.

[I spent the winter writing songs about getting better]

Meh. All that matters is Stevens no longer occupies any federal office.

[CARLHAYDEN]

Meh. All that matters is Stevens no longer occupies any federal office.

Justice Dept. Seeks To Void Stevens' Conviction
by Nina Totenberg

The Latest Developments
 
Ted Stevens lost his bid for an eighth full term in office just days after he was convicted in October.
 
Attorney General Holder's Statement On The Stevens Case

"In connection with the post-trial litigation in United States v. Theodore F. Stevens, the Department of Justice has conducted a review of the case, including an examination of the extent of the disclosures provided to the defendant. After careful review, I have concluded that certain information should have been provided to the defense for use at trial. In light of this conclusion, and in consideration of the totality of the circumstances of this particular case, I have determined that it is in the interest of justice to dismiss the indictment and not proceed with a new trial.
 
"The Department's Office of Professional Responsibility will conduct a thorough review of the prosecution of this matter. This does not mean or imply that any determination has been made about the conduct of those attorneys who handled the investigation and trial of this case.
 
"The Department of Justice must always ensure that any case in which it is involved is handled fairly and consistent with its commitment to justice. Under oftentimes trying conditions, the attorneys who serve in this Department live up to those principles on a daily basis. I am proud of them and of the work they do for the American people."
 
Statement From Ted Stevens

"I am grateful that the new team of responsible prosecutors at the Department of Justice has acknowledged that I did not receive a fair trial and has dismissed all the charges against me. I am also grateful that Judge Emmet G. Sullivan made rulings that facilitated the exposure of the government's misconduct during the last two years. I always knew that there would be a day when the cloud that surrounded me would be removed. That day has finally come.
 
"It is unfortunate that an election was affected by proceedings now recognized as unfair. It was my great honor to serve the State of Alaska in the United States Senate for 40 years.
 
"I thank my wife Catherine, as well as my family, friends, and colleagues in the United States Senate who stood by me during this difficult period. I also want to thank the great number of Alaskans who offered their prayers and support."

Statement From Stevens' Lawyers

"We are grateful to learn that Attorney General Eric Holder has decided to drop all charges against Senator Ted Stevens. That decision is justified by the extraordinary evidence of government corruption in the prosecution of Senator Stevens.
 
"This jury verdict was obtained unlawfully. The government disregarded the Constitution, the Federal Rules of Criminal Procedure, and well-established case law ... which require the government to reveal to the defense all evidence that demonstrates the innocence of the accused.
 
"The misconduct of government prosecutors, and one or more FBI agents, was stunning. Not only did the government fail to disclose evidence of innocence, but instead intentionally hid that evidence and created false evidence that they
provided to the defense."

 

     

[I spent the winter writing songs about getting better]

...and Stevens is still not infesting the Senate.