Alaska

Justice Department Replaces Stevens Prosecution Team

Zachary Roth | February 16, 2009, 5:03PM

Talk about ironic.

Amid concerns over the integrity of their work, the Justice Department has removed the head of the Public Integrity Section and several other prosecutors from the Ted Stevens trial, according to court filings examined by The Politico.

Late last week, the judge in the case, Emmet Sullivan, ruled that four of the prosecutors, including William Welch, the Public Integrity chief, were in contempt of court for failing to turn over documents as he'd ordered them to do.

The documents at issue relate to allegations by an FBI agent in the case that another agent had an improper relationship with a key government witness, and that the prosecution concealed this from the defense.

Along with Welch, the lead prosecutor on the case, Brenda Morris, as well as several other prosecutors, are being ousted. They're being replaced by Paul O'Brien, chief of the Narcotic and Dangerous Drug Section, David Jaffe, the deputy chief of the Domestic Security Section, and William Stuckwisch, senior trial attorney in the Fraud Section.

Stevens the Republican former Alaska senator, was convicted last fall of failing to report gifts on his Senate disclosure form. But defense lawyers have appealed, questioning the legitimacy of those proceedings, citing, among other things, the claim of withheld evidence.

Justice Department

Judge To Stevens Prosecutors: "Isn't The Department of Justice Taking Court Orders Seriously These Days?"

Zachary Roth | February 13, 2009, 4:42PM

This just gets worse and worse...

Last week, as we told you, defense lawyers for Ted Stevens formally asked the judge in his case to hold the prosecution in contempt, after a string of incidents in which the government was found to have withheld information from the defense.

And now Judge Emmet Sullivan has done so, reports the Associated Press.

Last month, Sullivan ordered prosecutors to turn over FBI documents concerning a whistleblower complaint against the agent leading the investigation into the former Alaska senator.

But they didn't, provoking the wrath of Judge Sullivan:

"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 didn't 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."

This is just the latest embarrassment for the Justice Department in the case. In late January, the head of the department's Public Integrity Section admitted in writing to Judge Sullivan that he erred when he said that a group of government employees, who were cited in the FBI agent's publicly-filed complaint wanted their story to be made public. Some didn't, it turned out.

Stevens, the former Alaska GOP senator, was convicted last fall of filing false disclosure reports to hide gifts from an oil-services contractor. He is appealing the conviction.

Alaska

AK Lawmaker On Trooper-Gate AG's Resignation: "The Chickens Have Come Home To Roost"

Zachary Roth | February 10, 2009, 3:56PM

We just talked to an Alaska state legislator to get a handle on the news that Attorney General Talis Colberg, a key Sarah Palin ally during Trooper-Gate is resigning.

"The weight of Trooper-Gate finally got to him," said the lawmaker, a Democrat, who made clear that they weren't speaking from direct knowledge of Colberg's decision, but rather on the basis of involvement in the issue as a legislator.

The lawmaker said that Colberg's decision, during Trooper-Gate, to sue to quash subpoenas issued by the legislature to key Palin administration witnesses was now widely viewed as "a bad call." That move helped delay the witnesses' testimony, and limit its scope, meaning that the legislature's report on Trooper-Gate, released just before the election, remained incomplete.

"The advice he gave to members of the Palin administration not to appear was very bad advice," said the lawmaker. "He's gotten a lot of bad press over that, and so has the governor."

"You can't ignore a legislative subpoena," the lawmaker went on. "By doing so they had some short term gain ... now, the elections over and the chickens have come home to roost on that issue."

The lawmaker, who stressed that they wished Colberg well, and bore no ill will toward him, continued: "Everyone was caught up in the moment of the presidential election, and there were some political decisions that were made that people are ultimately regretting today."

The lawmaker said that after the nine witnesses, including Todd Palin, were found in contempt last week, many in the legislature publicly expressed the view that Colberg needed to answer more questions. Colberg had appeared before a contentious House committee, but might well have been forced to appear before the Senate as well.

"He's hoping that by stepping down, he'll be able to put the whole issue behind him," concluded the lawmaker.

Trooper-Gate

Palin's AG, A Key Trooper-Gate Ally, Resigns

Zachary Roth | February 10, 2009, 3:17PM

Talis Colberg, who was plucked from the obscurity of a small-town Alaska law practice by Sarah Palin to become the state's Attorney General, has resigned, reports the Anchorage Daily News.

Colberg, who had been a GOP assemblyman and Palin backer, was criticized during the Trooper-Gate scandal last fall for often appearing to represent the interests of his patron, the governor, rather than the Alaskan people. Although he himself had led an internal investigation designed to help Palin get out in front of Trooper-Gate, Colberg ultimately dismissed calls to recuse himself from any involvement in the matter. He then helped Palin stifle the probe into the matter by trying to block subpoenas, issued by the legislature, to state officials.

It's unclear as yet what prompted Colberg's move. He said in a statement:

I determined that it was in the best interest of the state of Alaska to move on and pursue other opportunities.

Something tells us there's more to this story...