by James Oliphant
A federal judge dismissed the criminal charges against former Sen. Ted Stevens today, while strongly criticizing the Justice Department lawyers who prosecuted the Alaskan stalwart for their actions in the case.
"In nearly 25 years on the bench, I've never seen anything approaching the misdeeds and the misconduct I have seen in this case," U.S. District Court Judge Emmet Sullivan told a packed courtroom.
A jury found Stevens guilty on seven corruption counts in October, one week before Election Day - costing the longest-serving Republican in the Senate reelection.
While setting aside that verdict today, Sullivan also pledged that he would launch his own criminal probe of the Justice Department's actions in the case, which included withholding key pieces of evidence and falsifying records.
In February, Attorney General Eric Holder replaced the team that tried Stevens and ordered the new group of lawyers to conduct a thorough review of the government's actions. After that was completed, Holder announced earlier this month that the case should be dismissed because exculpatory evidence suggesting Stevens' innocence was never turned over to defense lawyers.
The Justice Department also has initiated its own internal probe of the conduct of the lawyers on the trial team.
Sullivan praised Holder's actions -- and the Justice Department team that uncovered the prosecution's misdeeds. But Sullivan said he wanted a more public accounting of the department's actions.
(Photo of former Sen. Ted Stevens of Alaska at the federal courthouse in Washington today by Gerald Herbert / AP)
The judge has named a Washington lawyer, Henry F. Schuelke III, to conduct a criminal contempt investigation, explaining that the department could not be trusted to investigate itself.
"The court has an obligation to determine what happened here and respond accordingly," Sullivan said.
Stevens, 85, was accused of accepting gifts and services from oil and construction interests in his home state and then lying about it on his Senate disclosure forms. He spoke briefly during the hearing, thanking Alaskans for their support, and said that Sullivan's actions had restored his faith in the rule of law.
His lawyer, Brendan Sullivan, who is not related to the judge, had stronger words.
"It's clear from the evidence that the government engaged in intentional misconduct," Sullivan said.
The former senator's attorney said federal prosecutors knowingly elicited false testimony on the witness stand, kept key documents hidden from the defense team and falsified business records. He said the department wilted under pressure to secure a conviction because Stevens was up for re-election to his Senate seat.
Stevens, who served Alaska in the Senate for 40 years, lost the election in November to Democrat Mark Begich.
"Nothing really can be done to rectify the wrong," Brendan Sullivan said. "Nothing can be done to give the citizens of Alaska a senator they surely would have elected."
After the hearing ended, Stevens was escorted to a waiting van by his wife and daughters. "I'm going to enjoy this wonderful day," he said.
Comments
It's clear from the evidence that the government engaged in intentional misconduct," Sullivan said. Yeah. Sort of like the misconduct and misdeeds of Kenneth Starr and Mr. Youthful Indiscretion, Henry Hyde during the Clinton impeachment episode. Except that cost taxpayers $75,000,000.00. Republican hypocrisy at its greatest.
Posted by: Doug R. | April 7, 2009 1:36 PM
Stevens is guilty just like OJ is -- not convicted but very very guilty. He deserved much worse than this outcome. The only reason Stevens got off was because the Bush DOJ fracked up the prosecution (probably on purpose). "Tubes" Stevens didn't get off because he was found to be innocent.
http://www.youtube.com/watch?v=EtOoQFa5ug8
Posted by: Art Henning | April 7, 2009 1:44 PM
The Bush incompetentcies continue,,,,
Worst President ever!!!
Posted by: gus | April 7, 2009 2:27 PM
At least Holder is showing he won't play politics with the Justice Department. Unlike the previous administration.
Posted by: Davey S | April 7, 2009 3:14 PM
Art H. is correct.
Go to C-Span's website and watch Brian Lamb's 2 part Q & A program on the Stevens case and you will conclude Stevens is guilty as charged.
I'd like to see just what the prosecution did that was so "egregious".
Witnesses seldom tell the same story down to the last detail in multiple witness interviews.
So I guess Stevens skates because they didn't turn over 1 interview transcript??
Is that all there is to it?
Very strange.
But Stevens is well ousted from the Senate.
Posted by: ornery | April 7, 2009 6:43 PM
The conviction was overturned because there was proof of falsified evidence. The only motive for going to that trouble was an all out power grab by the democratic party. Yet the fools who posted here have twisted the story around in their little minds and blamed it on republicans, compared an inocent man to a murderer! You can tell yourselves lies forever, but when you lose your freedom by alowing this corrupt party and administration to rule your every move, your lies will not comfort you. Wake up America- grow up while you at it.
Posted by: Kristin Wdowicki | April 8, 2009 8:02 AM
The conviction was overturned because there was proof of falsified evidence. The only motive for going to that trouble was an all out power grab by the democratic party. Yet the fools who posted here have twisted the story around in their little minds and blamed it on republicans, compared an inocent man to a murderer! You can tell yourselves lies forever, but when you lose your freedom by alowing this corrupt party and administration to rule your every move, your lies will not comfort you. Wake up America- grow up while you at it.
Posted by: Kristin Wdowicki | April 8, 2009 8:02 AM
Don't like Stevens, but this is the right thing to do.
The whole country needs fixing, and cleaning up the over zealous and corrupt prosecutors is a good place to start.
But the Repimplicans should be happy with the result of Teddy NOT spending his golden years in federal prison, and give up trying to get Begish to step down.
Learn to lose, Republicans.
Posted by: C.Morris✈ | April 8, 2009 8:20 AM
Kristin,
You must have been asleep.
It was a federal prosecution conducted by the Bush justice dept.
A Democratic Justice Dept. just dismissed the case based on prosecutorial misconduct.
If you are claiming that the DNC or Begish were behind the prosecution of Teddy, you better have proof, or go sit down and be quiet.
We await the proof.
Posted by: C.Morris✈ | April 8, 2009 2:02 PM
You can tell yourselves lies forever, but when you lose your freedom by alowing this corrupt party and administration to rule your every move, your lies will not comfort you. Wake up America- grow up while you at it.
Posted by: Kristin Wdowicki | April 8, 2009 8:02 AM
.
I thought the same thing about the Bush administration from the time Bush bungled the Iraq post-invasion to the blessed day he left the White House forever. Now you know what it felt like.
Posted by: Op109 | April 8, 2009 2:38 PM