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Sen. Stevens Fights On

Though the race is still too close to be called, Sen. Ted Stevens' slim lead over his Democratic contender, Anchorage Mayor Mark Begich, has many wondering what exactly would happen if the convicted felon (and perhaps seven term senator) succeeded in his bid for re-election.

Assuming he wins re-election, Stevens with have a two-front battle to wage: one with his colleagues in the Senate, and the second with an appellate court.

Sen. Majority Leader Harry Reid (D-NV) has already said that "a convicted felon is not going to be able to serve in the United States Senate" shortly after the Alaska Republican's conviction. He has promised that Stevens will face an ethics committee investigation and expulsion, regardless of his appeals process. With Democrats holding a strong majority and many Republicans -- from John McCain to Mitch McConnell -- calling for his resignation, it's unlikely that Stevens would last long after a January swearing in.

So what will happen to Alaska's second senate seat if Stevens is sent back to the wilderness of AK? ProPublica has your answer:

So what happens if the Senate gives Stevens the boot? Under Alaska state law, the current governor--perhaps you remember her--would appoint a temporary replacement. Then a special election would be held to choose a senator to serve out the remainder of Stevens' six-year term. With no primary election in the near future, a special election would need to be held within 90 days of Stevens leaving office.

Could Stevens actually run again via the special election? After all, Alaska's voters and Senate leaders could theoretically end up playing a game of ping-pong--where Alaska votes him in, the Senate expels him and then Alaska votes him back in. We're looking into it.

ProPublica consulted an Alaska law expert in a later article and discovered that it wasn't quite that simple (is it ever?) -- in 2004, Alaska voters approved an initiative that stripped the governor from the power to appoint a replacement to the U.S. Senate, and which conflicts with current state law. It looks like it'll come down to the Alaska Supreme Court -- with nothing even starting to be resolved until the legislature meets in January.

After covering Alaska for the last five months -- and staying up until 4 a.m. refreshing State Election Board results -- I would have to say you shouldn't put anything past Alaska.

As for Stevens' appeal, it hasn't been filed yet, but we can already hypothesize what it will entail: prosecutorial misconduct and perhaps grounds related to the jury.


14 Comments

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I don't know if something has changed, or not, but am I the only one aware of this?

I remember Adam Clayton Powell, Jr. A rather flamboyant person to say the least.

He was thrown out of the House and the case ended up in the Supreme Court. Powell versus McCormack.

I thought that the ruling was rather clear.

The House couldn't throw a member out, no matter what they did.

I can't believe that all of the lawyers around are missing this.

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They don't need to throw him out. Just remove him from all of his committees and don't let him get any earmarks.
If he can't bring home the bacon - Alaskans will run him out of town on their own. No pork for you!

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Article I, Section 5:

"Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two-thirds, expel a Member.

According to Wikipedia, the issue in Powell versus McCormack was that the House didn't vote to expel him because they didn't have the votes, and instead passed resolutions that effectively prevented him from exercising his office without expelling him.

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I'll say this much for him -- he turned out to be right!

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I'm kind of looking forward to the Senate Rethugs on the Ethics Committee fighting to keep the convicted felon in his seat. That's got to be fun.

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Message from us in AK. PLEASE HELP! Send a letter to your senator asking them to boot this guy.

We failed, and we need your help.

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Hilarious! Alaskans depend on federal largesse and what do the morons do? Cut off their nose to spite their face.

Hello, Nome - Washington DC is in the hands of the Democrats who have no reason to fund bullshit Alaska projects since you won't vote for them and your votes don't matter, anyway.

How long do you think you can count on Senator Inouye for backup?

Yup, real smart move sending Stevens and the other crook, Don Young, back to Washington.

Just wait until you find out what concessions Palin made to get a gas pipeline run down to Wasilla and when you find out that you need to float another few billion to cover your pension obligations, don't look for a handout from the Dems.

Kiss off, Alaska.

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Sneaky cantankerous old fart is always threatening someone. How many senate seats do we now have . I know we've won 6 so far with 3 yet to be determined. If we got all three making it a total of nine would that give us a filibuster proof majority?

Why is Obama even considering Summers for Sec of Treasury. I want to hear from Naomi Klein on who should be Sec of Treasury. She's been spot on in outing how our economic system has been guided so far. I didn't like Clinton governing like a conservative and I won't like Obama trying to either...it's far past the time for such backward actions...yet he's actually wanting to appoint Summers??? As an adviser- ok but not Sec of T. Obama could govern like the new FDR if he surrounds himself with the right people and Summers is not one of them.

btw...We need a strong aggressive AG to restore the DoJ, kick butt and take names. We've been holding our breath for Justice for far too long. Is Napolitano aggressive enough...tough enough...idealistic enough? I truly don't know

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Well crap, I guess the need for a strong independent AG was when Bush/Cheney were running all their corrupt activities and during the USA scandal and Rove was burning the emails and getting elections stolen. But they all got the protection they bought, even from Lieberman who used his committee to make sure Bush's ass was covered.

Watch as Obama announces we must forget the past and move into the future not encumbered by the recent past. So much for accountability. If something isn't done this time then we can never trust that the executive branch won't easily turn into a dictatorship in the future. At least put some conditions on "signing statements".

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Just like Uncle Ted said at his trial; in Alaska we take care of each other. Sometimes we also take advantage of each other.

Thanks for signing my hat on election night Uncle Ted!!

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I'm really sorry for pranking you into signing my VECO hat on election night Uncle Ted. I didn't think you'd win, they said you and Uncle Don were going to jail. I promise I'll be good from now on. Please bring me some more pork.

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Why is anyone believing these results? Do you really believe that the polls were right in all other races in all other states, but somehow Alaska was different? That turnout was down instead of up? That Alaska's corrupt Republican Party runs the elections and nothing funny went on?

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Shannyn Moore, a progressive radio host in Anchorage, has a post on HuffPo about the election in Alaska, and how (specifically) it has a stink about it.

http://www.huffingtonpost.com/shannyn-moore/stolen-election-in-alaska_b_141704.html

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Source: Juneau Empire

U.S. Senate and other races yet to be decided
By Pat Forgey

The state Elections Division said Friday 81,000 votes remain to be counted, mostly early votes but also absentee and questioned ballots.

That may be enough to swing as many as six state legislative races, and the number of votes is making the U.S. Senate race between Sen. Ted Stevens and Anchorage Mayor Mark Begich look increasingly close.

Stevens now leads by 3,257 votes out of 221,713 ...

Elections Division officials say they expect the next count to be done Wednesday.

http://www.juneauempire.com/stories/110908/loc_354024709.shtml

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