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Decision To Drop Stevens Case Was Triggered By Latest Government Fumble To Emerge

It sounds like the decision to drop the charges against Ted Stevens was prompted by a new example of prosecutorial misconduct, which only came to light recently.

Here's the key excerpt from the Justice Department's motion:

The Government recently discovered that a witness interview of Bill Allen took place on April 15, 2008. While no memorandum of interview or agent notes exist for this interview, notes taken by two prosecutors who participated in the April 15 interview reflect that Bill Allen was asked about a note dated October 6, 2002, that was sent from the defendant to Bill Allen. The note was introduced at trial as Government Exhibit 495 and was referred to as the "Torricelli note." The notes of the April 15 interview indicate that Bill Allen said, among other things, in substance and in part, that he (Bill Allen) did not recall talking to Bob Persons regarding giving a bill to the defendant. This statement by Allen during the April 15 interview was inconsistent with Allen's recollection at trial, where he described a conversation with Persons about the Torricelli note. In addition, the April 15 interview notes indicate that Allen estimated that if his workers had performed efficiently, the fair market value of the work his corporation performed on defendant's Girdwood chalet would have been $80,000. Upon the discovery of the interview notes last week, the Government immediately provided a copy to defense counsel.

Defendant Stevens was not informed prior to or during trial of the statements by Bill Allen on April 15, 2008. This information could have been used by the defendant to cross- examine Bill Allen and in arguments to the jury. The Government also acknowledges that the Government's Opposition to Defendant's Motion for a New Trial provided an account of the Government's interviews of Bill Allen that is inaccurate.


In other words, prosecutors didn't share with Stevens defense key evidence suggesting that Allen --by far the most important witness for the prosecution in the case -- said contradictory things in an interview with prosecutors and on the stand. That could obviously have reduced his credibility as a witness, had the defense team been able to make an issue out of it.

But this mistake by the Feds comes on the heels of a string of other well-documented errors and mishaps.

Even before Stevens, the former Alaska GOP senator, was found guilty in late October of concealing gifts from Allen on his Senate disclosure form, prosecutors were reprimanded by the judge for not turning over key evidence to the defense.

Then there was confusion last November about whether another government witness had been granted an immunity deal in exchange for his testimony. The witness claimed the government had gone back on the deal, a charge prosecutors denied.

The following month, a complaint surfaced from an FBI whistleblower, alleging that the government "schemed to relocate a witness," that an employee working on the investigation accepted artwork and employment for a relative from a cooperating source, that another FBI agent had an improper personal relationship with Allen, and that this information was concealed from the defense.

In late January, the lead prosecutor on the case, William Welch, who ran DOJ's Public Integrity Section, admitted to the judge that he had erred when he said that the government employees cited in the publicly filed whistle-blower complaint wanted their story to be made public. In fact, Welch now acknowledged, not all the government employees wanted their stories made public.

Later that month, the judge ruled that Welch and three other prosecutors were in contempt of court, for failing to turn over documents related to the whistleblower allegations, after being ordered by the judge to do so.

And soon afterwards, the Justice Department replaced Welch and his team with new prosecutors.

And now, the new case of withholding of evidence, resulting in the charges being dropped.

As a result, the crown jewel conviction of the wide-ranging, years long probe of corruption in Alaska politics is destroyed. A fitting testament, perhaps, to the Bush Justice Department's record of failure.


14 Comments

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How much of this "misconduct" was deliberate? After all, this was the Bush Justice Department.

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I worked in the Bush Justice Department, along with any number of trial attorneys who, despite being trial attorneys in the DOJ when Bush was President, are not criminals who throw cases on a whim or at the behest of political leanings.

This simplistic smearing of an entire civil service is really growing tiresome.

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There's no possibility that the Stevens case was a matter of institutionalized misconduct, since that was reserved for promoting GOP interests. I don't see how it can be a Democratic "ploy" since the case was initiated before anyone could possibly know that the Democrats would control the Administration in 2009. The broad outlines suggest a prosecutor and a team that was over-zealous in trying to "ring up" a U.S. Senator, and a Democratic AG who follows the evidence wherever it leads, even to the embarassment of the DOJ itself if necessary in the interests of justice. A McCain appointee would have no doubt come to the same conclusion as Mr. Holder, but would that appointee have acted the same way toward a Democratic defendant? In the Bush Administration, I think we know the answer.

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More to the point, if you were going to throw a case, would you do it in a way that raises significant concerns about whether you are throwing the case? Come on.

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More to the point, if you were going to throw a case, would you do it in a way that raises significant concerns about whether you are throwing the case? Come on.

Yes, but they could have done that figuring that no one would believe that they would do it that way.

Kidding, of course. I remain mildly amazed that the Bush Justice Department even took Stevens to trial. I don’t doubt your assertion that even in the Bush Justice Department there were many prosecutors of integrity, but the final decision to prosecute Stevens must have come from pretty high up, well into the politicized personnel.

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Exactly..before the right-wing takes flight and starts trying to blame Obama and his administration for Stevens "bungled" prosecution...it was the Bush administration who did Stevens...however, the Democrats prosecuted by (Bush/Rove)/Gonzales...DOJ, such as (Don Siegelman) ARE guilty...right...?

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Yet another example of the Bush Goon Squad in action.

Bush. Worst. President. EVER.

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I can kind of understand Holder's reasoning, but Stevens is guilty as hell of accepting unreported gifts. His own testimony showed that, with the multi-year “loans” of furniture and what not.

The sad thing is that Stevens is spinning this as vindication, rather than as another criminal getting off on a technicality.

I would have rather seen Holder discipline the offending prosecuting attorneys and then retry Stevens. That would be accountability.

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With Stevens being that guilty, the only way to get him off would be through a mistrial.

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Hey Zach, there's a juicy angle here that no one has uncovered yet.

On April 15, Allen told prosecutors that the work was worth 80K. At trial, he testified that it was worth a lot more.

So how did Allen get from point A to point B? On April 15, he had been convicted and was cooperating with the government -- and so presumably had little to gain and much to lose by lying about Ted Stevens. Either Allen was lying on April 15 or he lied at trial.

If it's the former, the prosecutors committed misconduct by not turning over the notes. If it's the latter, well, Bill Allen probably didn't decide to change his story all on his own. And that would involve misconduct of the sort that would cause Eric Holder to drop the case and hope everyone forgets about it.

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I have no qualm with folks who are civil servants. I have, however become increasingly uneasy over the past forty years at the total lack of accountability regarding consequences of those civil servants who are either incapable or unwilling to do their jobs adeptly.

this is such an example. I suppose millions of dollars were spent in this case to bring a scoundrel to justice. Several inappropriate actions were taken by prosecutors at several different times by folks who DO NOT belong in this field of employment.

However, those same folks are almost GUARANTEED to keep their jobs... even after their employers (that's us, guys) have just wasted a couple of years and all those dollars paying them top dollars to do a job they never did.

If we were able to change some of these civil service regulations, many of the reasons "WE THE PEOPLE" keep getting screwed would automatically go away, and we could count one major problem as being solved... IMHO

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Even Federal Civil Service employes can be fired for cause and one of the causes is total incompetence.

While there are probably many competent attorneys and prosecutors in the Department of Justice, it is difficult to defend the competence of those who were responsible for prosecuting Ted Stevens.

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Why is the Stevens case dropped but the Siegelman case, much worse Justice Dept. misconduct, still ongoing. Why is Paul Minor still rotting in jail. I can't stand your Treasury Dept. choices. Now I think Holder was a mistake. What's next. Can I get a refund of my campaign contributions Mr. Obama?

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When you consider the incompetence at the top of the Bush DOJ that allowed religious faith and loyalty, rather than competence to become a precondition of hiring in the Bush DOJ, and factor in the ingrained belief that government is the problem (and therefore why try to make it work well?) you get a string of bungled lawsuits, including all the screwed up litigation involving alleged terrorists.
File this under Heckuva job, Welchie!

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