U.S. to drop charges against former Sen. Stevens: report

[Scurrilous]

Source: Reuters

<snip>

"The U.S. Justice Department has decided to drop all charges against former Alaskan Senator Ted Stevens amid charges of prosecutorial misconduct, NPR reported on Wednesday, citing Justice officials.

Stevens was convicted last fall of seven counts of lying on a Senate disclosure form to conceal $250,000 in gifts from an oil industry executive and other friends. Allegations of prosecutorial misconduct have delayed his sentencing.

U.S. Attorney General Eric Holder has decided not to continue to defend the conviction in the face of persistent problems stemming from prosecutors' actions, NPR reported on its web site."


Read more: http://www.reuters.com/article/politicsNews/idUSTRE5302O820090401

---

Sources: Sen. Stevens Conviction To Be Voided

<snip>

"NPR's has learned that the Justice Department will drop all charges against former Sen. Ted Stevens of Alaska.

A jury convicted Stevens last fall of seven counts of lying on his senate disclosure form in order to conceal $250,000 in gifts from an oil industry executive and other friends. Stevens was longest-serving Republican in the Senate, however, he lost his bid for an eighth full-term in office just days after he was convicted. Since then, charges of prosecutorial misconduct have delayed his sentencing and prompted defense motions for a new trial."

<snip>

"The judge in the Stevens case has repeatedly delayed sentencing and criticized trial prosecutors for what he's called prosecutorial misconduct. At one point, prosecutors were held in contempt. Things got so bad that the Justice Department finally replaced the trial team, including top-ranking officials in the office of public integrity. That's the department's section charged with prosecuting public corruption cases.

With more ugly hearings expected, Holder is said to have decided late Tuesday to pull the plug. Stevens lawyers are expected to be informed Wednesday morning that the department will dismiss the indictment against the former senator.

Holder's decision is said to be based on Stevens age, he's 84; and because Stevens is no longer in the Senate. Perhaps most importantly, Justice Department officials say Holder wants to send a message to prosecutors throughout the department that actions he regards as misconduct will not be tolerated."

http://www.npr.org/templates/story/story.php?storyId=102589818

[Lasher]

1. I want these prosecutors' heads on a platter.

Bumbling incompetence in such a high profile case.

[No Elephants]

5. They were Bush appointeees. Maybe the "bumbling" was deliberate.

[derby378]

40. That's what I'm thinking, too

It's a golden parachute, a Get Out Of Jail Free card. Courtesy of the Bush administration, paid for with you tax dollars. Don't you just feel all tingly inside now?

[jkilvik]

64. Deuteronomy trumps Blackstone for many in Justice

This is what happens when you hire prosecutors who graduated law schools which encouraged students to study Deuteronomy rather than Blackstone.

[ut oh]

66. That was the first thing that went through my mind...

This was intentional...

[AwareOne]

2. There is no more justice in the United States

It's every man for himself in this festering cesspool of corruption.

[saigon68]

8. The Rich and well connected will always get a pass

Its the American way for Loathsome Scum like Stevens

Meanwhile 32% of young poor black men under age 30 are either

1. In Prison

2. In Jail

3. On Probation or Parole

[Baby Snooks]

54. And does Eric Holder care about them?

Of course he doesn't. He only cares about the rich and the powerful. And about how rich and powerful he can become by serving them.

The judge in this case does not have the right to do what he's done. It is not his place. It is the place of an appellate court to decide if there was prosecutorial misconduct.

I didn't think anything could be worse than Bush. Apparently I was wrong.

[guruoo]

60. "...the Justice Department finally replaced the trial team, including...

top-ranking officials in the office of public integrity."

[lovuian]

88. I agree this bodes very badly for the future

the Senate seems to be a cesspool and I have news for them they are very out of touch

[Zhade]

90. Considering Obama is willing to let war criminals walk instead of doing his fucking job...

...I think you're right.

So much for change.

[lonestarnot]

3. I was wondering when this would happen. Old fart! Stupid fucking prosecutors!

[No Elephants]

6. Maybe stupid. Maybe intentional. Who knows?

[lonestarnot]

10. Won't be getting an answer on that any time soon now will we...

:puke:

[BumRushDaShow]

4. Wow. This is just bizarre.

:crazy:

[aquart]

7. Another Republican criminal skates.

Justice? Not in America.

[No Elephants]

9. So, is Holder going to fire the Bush appointees who allegedly messed up, or is he only letting

Stevens go?

On the one hand, I would not put it past the Bush appointees to have "messed up" Stevens case on purpose.

On the other hand, a lot of them were graduates of neo theo law schools that were not even accredited at the time the appointees attended. Many of them were unable to pass the bar exam.

Whether intentionally or not, they messed up and that is suffiient reason to let them go. In this economy, plenty of good Democratic lawyers who were graduated from excellent law schools are out of work and these are political appointment slots.

Fire their blundering, nonaccredited butts.

Unless and until Holder does that, I am reserving judgment on the good faith of the D of J in this matter.

[GoCubsGo]

22. Excellent point.

Bush "burrowed" a bunch of people in civil service jobs throughout the government, so they couldn't get fired without good reason. Well, I think we just found a good reason to get rid of some of them.

[FailureToCommunicate]

30. I like your take on this. Holder needs to fire the Bush-league "lawyers" that screwed up.

[WriteDown]

78. Really?

And how were they practicing law without passing the bar? That’s against the law. And if the school wasn’t accredited, they’re not even eligible to sit for the bar.

[Qutzupalotl]

92. They already did.

At one point, prosecutors were held in contempt. Things got so bad that the Justice Department finally replaced the trial team, including top-ranking officials in the Public Integrity Section, which is charged with prosecuting public corruption cases.

http://www.npr.org/templates/story/story.php?storyId=102589818

[Dinger]

11. eric holder, arne duncan, . .

Fuck that noise.

[liberal N proud]

12. Justice is dead in America

[Solomon]

26. Au contraire. This proves that justice is alive. I don't like

Stevens either, but if his case was badly prosecuted then it should be corrected.

Lot of political mileage will come out of this one.

[Hissyspit]

49. So Siegelman and Minor get to go free, too?

MAJOR prosecutorial conduct there from the Bush DOJ.

Actually it seems to prove that justice is alive only if you are a Republican.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=5366162&mesg_id=5366162

[DU9598]

51. Excellent Point

Siegelman should get the same treatment ... and heck, at least he is actually innocent.

[Pastiche423]

89. My very 1st thought!

What about the jury and prosecutors in his case?

:grr:

[elocs]

57. Absolutely correct. There would be a different tune sung here

if it had been a case against someone we support that was badly prosecuted. You cannot have it both ways.

[hamsterjill]

75. Corrected - good word

Corrected, yes. But not let go entirely on a technicality.

Could Stevens be retried?

[PassingFair]

13. Smoke screen.

They will get away with it ALL.

Once they are in the club, it
takes the proverbial dead girl
or live boy to take action.

[MadHound]

14. A dead girl doesn't even do it anymore,

Ask Joe Scarborough. Hell, I'm starting to doubt that a live boy would do it either.

[awoke_in_2003]

102. With Larry Craig...

you had a live man and nothing happened.

[Sanity Claws]

15. Laying the foundation to drop case against Seligman?

I immediately thought of Seligman when I heard this story.

[pam4water]

16. Does this mean the conviction will be thrown out too?

[kag]

33. Yes. Effectively.

The end of one of the stories linked to above says, at the very end, that this effectively voids the convictions, because the Justice dept. is dropping their opposition to the request for a retrial. He's off, scott free.

[Sewsojm]

17. Nothing's changed,

same old song and dance.

[mod mom]

18. Shouldn't Senators be held to a higher standard? What about a mistrial? Seems like

* appointments fucked up to allow one of their own to go free.

Same as it ever was-2 justice systems-one for the elites and one for the rest of us. What's next madoff gets off?

[Cass]

19. Those prosecutors need to be fired.

Maybe the screw-ups were intentional, who knows. It wouldn't surprise me at all if it was intentional after what we have endured the last 8 years, but whether intentional or the result of incompetence, they need to go. If it is intentional they should be brought up on charges - I'm not sure we would ever be abe to prove that, though.

[nc4bo]

20. what in the hell?! His age didn't stop him from disobeying the law

and so why should age prevent him from being punished?

And this is why nothing will ever f'ing change. NOTHING. EVER.

[trof]

21. And Siegelman still faces jail.

http://harpers.org/archive/2009/03/hbc-90004513
:grr:

[Catshrink]

23. April Fools!

If only, eh?

[LynneSin]

24. I know I'll get flamed but at this point - we got what we needed out of it

Ted Stevens is out of office. Putting an 80+ year old man behind bars isn't going to serve anyone any good, even if secretly we'd all love to see it.

The guy is 85 years old, unless he decides to go after Lisa Murkowski's seat (which in 2010 and I don't think he would do that), I highly doubt that a 91 year old man is going to try and run again to get his old senate seat back. I think those in Alaska are done with Ted Stevens and would prefer someone not knocking on death's door to represent them.

Losing his senate seat ESPECIALLY without getting the Arctic Refuge opened for drilling is probably the greatest shame for Ted Stevens. We did good!

[ScaryBob]

39. yeppers, you are

correct. Sometimes the ends justifies the means.

But I wonder how many Rethugs are going to call for an Alaskan senate seat "re-do" because of this?

You betcha. And also

[Botany]

42. egg zack LEE

He is 85 and in poor health and the democrats now own the seat.

[Turbineguy]

62. We'll have to look

elsewhere for our pound of flesh. But he's gone from office at least.

[Zhade]

91. I wasn't aware the Constitution allowed laws to be selectively applied at whim.

Bully for you that you're willing to let a criminal walk. I'm not.

[bluestateguy]

25. We got him out of the Senate

The rest is pointless from here on out.

Just maybe, Holder sees that Bush's incompetent, B-law school prosecutors put together a lousy case against Stevens.

[LynneSin]

35. Seriously!

I mean we have bigger fish to fry than Ted Stevens. This scourge is out of the Senate and I couldn't be happier about that one!

[defendandprotect]

44. Presumably the IRS would have some interest in $250,000 undeclared?

[LynneSin]

63. I hate to say it but let them go for it

We got what we needed - Stevens out of office. Now he's nothing more than a broken down fool

[Zhade]

93. Prosecuting criminals is pointless now?

I guess that explains why b*s* isn't in jail -- attitudes like yours.

[Soylent Brice]

27. uh, fuck that. hello... is this the fucking twilight zone or what???

[Freddie Stubbs]

28. I wonder why Holder hasn't done the same with Don Seligman

[DemReadingDU]

29. Mabe Stevens first, then Siegelman? n/t

[Kingofalldems]

31. Oh yeah. You consider Siegelman guilty because

a jury convicted him. Trying to stir shit up again I see.

I wonder why you always do that. :shrug:

[Freddie Stubbs]

76. I consider both of them guilty

[Stuckinthebush]

32. April fools?

Please let it be a joke.

[nc4bo]

41. Many articles from a variety of sources coming up saying the same. Unfortunately.

I just took a spin doing a Google search and got a headache.

Edited to make better sense.

[acmavm]

34. Amazing. Simply friggin' amazing.

**sigh**

Same old shit, different crowd.

[xchrom]

36. naturally -- stevens is a republican so he goes free. nt

[Odin2005]

37. That people are bashing Holder over this is disgusting.

The prosecutors fucked up and embarrassed themselves, and so Holder had to do what he did to take those prosecutors to task. The people attacking Holder are basically saying we should act like Bush in order to get what we want, fuck that. Twisting the law to our own partisan advantage makes us no better then Bush.

Holder did the right thing, period.

[Wapsie B]

38. Please tell me the article originated from the Onion.

The misconduct could very well have been deliberate.

[defendandprotect]

43. I'm astonished, but I see nothing wrong with compassion and review . . .

and I think we're all wondering about the "prosecutorial misconduct" because I doubt
that Bush's DOJ wanted to prosecute Stevens. Maybe they purposefully left a landmine behind?
At any rate, this "misconduct" should be rewarded with letting the individuals go.

I also think that as long as we have a DOJ based on GOP/Bush "picks" we're going to have
more questions than answers.

The presumption by government was that every new administration should be entitled to and
would want to select the personnel to fill the AG spots.
Obama denied us this and asked ALL of the AGs to stay -- 51 did!!!

Meanwhile, I don't know if this signals any good news for Siegelman . . . I don't see any
parallels --

UNLESS IT WAS A DEAL?

And, I kind of doubt that--!!

[defendandprotect]

45. If Holder is truly reviewing everything the Bush DOJ did in the last 8 years . . .

things could get rather exciting!!!

[fascisthunter]

46. disgusting... the filth and corruption that is acceptable in the US

is disgusting and way beyond reproach.

[Raskolnik]

74. Do you think Justice should fight to maintain convictions in which

there has been fairly significant prosecutorial misconduct?

[L0oniX]

47. Lesson is ...being a criminal pays!

[berni_mccoy]

48. In Other words: Bush Justice Department Sabotaged The Case Before They Left

[Baby Snooks]

55. The Bush Justice Department?

Looks more like the Obama Justice Department doing the sabotaging and what it is sabotaging is justice.

[DefenseLawyer]

73. It was all done by the Bush Justice Department

Holder was left holding the bag. He did the right thing given that Bush's Justice Department had torpedoed its own case. Once it was shown that the government withheld evidence, intentionally or not (I think intentionally), the fair thing to do is punt it.

[L. Coyote]

82. That leaves another duty, attending to "misconduct" in DoJ.

This is an affirmation that wrong was done by someone, and that will have to be attended to too now.

[Raskolnik]

50. This is probably the right decision. It doesn't benefit anyone for the Jusice Department

to be defending prosecutorial misconduct, especially if it is very likely that it will lose on the appeal.

It may gall people that Stevens won't go to jail, but in the long run this is a good decision by Holder.

[Wizard777]

65. No, Mr. Holder is out of order. Literally. There is a conviction and sentencing is the next step.

The AG could have used his prosecutorial discretion before the trial began. Mr. Holder may use his prosecutorial discretion before any appeal. But right now he's stomping on Judicial discretion and the sanctity of the jury in violation of the Seventh Amendment. By what authority does a Prosecutor nullify a Juries decision?

[Raskolnik]

70. So Holder should ignore the Justice Dept's misconduct and plow ahead with sentencing?

That simply makes no sense. There was fairly significant misconduct by the prosecutors in this case, and it would be unethical for Holder to push ahead in this case knowing that there is almost no possibility that the conviction would stand on appeal. This has nothing to do with either "Judicial discretion" or the Seventh Amendment.

The fact that Stevens is a crooked son-of-a-bitch who doesn't deserve our pity doesn't change that one bit.

[Wizard777]

98. No, I'm simply saying that the appeal is the place to address that.

Currently their is a verdict rendered by the Jury. The Prosecutor does not have the authority to nullify that decision at any time for any reason. The prosecutor can drop the case at anytime up until the jury renders a verdict. At that point the case is final. Any other issues including prosecutorial misconduct are subject to appeal. Because the allegation of prosecutorial misconduct must be heard and determined by the court. Not the AG. That is beyond his realm of authority.

[tclambert]

52. Is he going to reverse the ban on Pete Rose next?

If Shoeless Joe were alive today . . .

[tclambert]

53. He'd be

120 years old.

[SlingBlade]

56. That’s the problem with an administration (Bush),

that has so little regard for the rule of law. The best you can say about Bush’s Justice Dept. is that they were non partisan incompetents in this case as well as the case of
Rep. Louis “Fridge” Jefferson who was caught red handed with more than $90000 in cash stored in his fridge.

They bungled that case in much the same way, Total incompetence and disregard for the law which clearly spells out the limits for law enforcement as well as for the prosecution.

The end result of course is that the tax payers lose, Democracy loses as well.

:kick:

[L. Coyote]

58. Will those who sandbagged Justice be charged?

[lib2DaBone]

59. Steal a loaf of bread or smoke a marijuana cigarette.. you'll rot in jail..

Peddle trillions of dollars ($$$) in phony credit derivitives.. you get your own business jet and your picture on the cover of Wall Street Journal.

[alterfurz]

61. “Laws are like spiders’ webs...

...they hold the weak and delicate who are caught in their meshes, but are torn to pieces by the rich and powerful.” -- Solon of Athens

Same as it ever was.

[iamthebandfanman]

69. change has finally come to america

oh wait...

[Supersedeas]

96. a nation of cowards waits for justice

[Blue_In_AK]

67. This doesn't surprise me.

The trial was a disaster.

[Stinger2]

68. When the rich and powerful take Bribes it’s called Gifts?

Stevens was convicted last fall of seven counts of lying on a Senate disclosure form to conceal $250,000 in gifts from an oil industry executive and other friends. Allegations of prosecutorial misconduct have delayed his sentencing.


When the rich and powerful take Bribes it’s called Gifts, that in itself tells how corrupt the system is among the have and have not.

[Raskolnik]

71. No, but when the prosecution withholds evidence from the defense,

it is prosecutorial misconduct.

This isn't about whether what Stevens did was moral/illegal/unethical, it's about the actions of the prosecutors. They fucked up.

[digidigido]

72. The Outrage over an intelligent choice is staggering. Is this troll central or Stupidity Underground

Holder is making a choice, and it's pragmatic... a word DUers should look up. Politics is defined as "the art of the possible"
You don't get everything you want as soon as you want it... and considering the state of the country.... it's about
choosing your battles. You choose what you're fighting for, or you get blindsided by gays in the military and come
up with stupid compromises like don't ask don't tell.
I look at DU and half the time it's a bunch of whiny little brats who have no concept of the bigger picture. If you are
going to get upset about something, get upset about something big.... God knows there's a lot bigger stuff to get
upset about then an 84 year old corrupt politician.

[L. Coyote]

83. The outrage is not directed at the intelligence of the choice, but at the staggering stupidity

of how easily Bush Justice saw to a dispensation for Stevens.

This clearly places some pressure on getting the Obama Justice appointees behind their desks
and shines a spotlight on the sort of obstruction of justice their filibustering represents.

April 1, 2009, and Republicans are still obstructing Justice in America!

[Zhade]

94. If wanting to prosecute criminals is "stupid", I'm proud not to be as "smart" as you.

NT!

[iandhr]

77. Withholding

exculpatory evidence from the defense is wrong. Period. Even if the defendant is guilty

[Zhade]

95. Do you have evidence that this happened?

Please share.

[Dinger]

79. I Heard On NPR This Morning That holder & The Judge Are Buddies

Nice

[Raskolnik]

80. I'm not sure what that has to do with it--this is an issue of prosecutorial, not judicial

misconduct.

[Dinger]

85. Agreed

It's just that I believe Stevens got away with it, like all the rest of the repukes will.:-(

[L. Coyote]

81. "prosecutors' missteps .. disregard some evidence .. whistle-blowing FBI .. improper conduct

The real meat is deep in the story on NPR. Reuters writes another Bush whitewash, when good reporters would be going after names. Who's missteps? Who is the whistle-blower?

"... prosecutors' missteps led the judge to instruct the jury to disregard some evidence.

Sentencing ... was playing a back seat to charges of prosecutorial misconduct —as a whistle-blowing FBI agent made complaints about improper conduct by a fellow agent and prosecutors. ..."

[xxqqqzme]

84. And Seigelman is shackled in

the courtroom 'n led away to a cell.

Of course this was intentional. They were probably shocked when the 'guilty' verdict came back.

[MisterP]

86. Carlos Menem ejected from Justice building, flapping arms and mumbling,

"big picture...moving on..."
Menem, formerly president of Argentina, was charged with forging orders from a government official and for prostituting himself to a conservative.

[specimenfred1984]

87. Therein lies the problem with putting political ideology ahead of justice

Obstructing justice is the same no matter who does it.

[L. Coyote]

97. AP: Stevens' Prosecutors Face Contempt Charges NPR.org, Feb 13, 2009

AP: Stevens' Prosecutors Face Contempt Charges
NPR.org, February 13, 2009 · An angry federal judge held Justice Department attorneys in contempt .... Judge Emmet Sullivan said it was "outrageous" that government attorneys would ignore his deadline for turning over .... all the agency's internal communications regarding a whistle-blower complaint against the FBI .... 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 prosecutor's star witness ...

... Sullivan repeatedly asked three Justice Department attorneys 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?"
.... "That's outrageous for the Department of Justice — the largest law firm on the planet," he said. "That is not acceptable in this court."

http://www.npr.org/templates/story/story.php?storyId=100692719

[Uncle Joe]

99. I wonder what will become of these "prosecutors?" My guess is, they will be well taken care of

for sabotaging this case.

I imagine somebody thought Stevens was too big to fail.

[bottomtheweaver]

100. It always looked to me like a railroad job.

I never figured out the purpose but I assume it was something nefarious considering who owns Alaska (hint: BP)

[L. Coyote]

101. Corrupt gifts trumped by "inappropriate relationship" between FBI and witness.

Looks like hanky-panky is more important than facts in the case.
What's the real scoop? Will this end all or just end opposition to motion for retrial?

[L. Coyote]

103. Tweety totally gets all of the facts wrong on Poor Ted Stevens = VIDEO

Rabid Right-Wingnut Rant warning! This twit thinks he's innocent now!

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=385x291602