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Whistleblowers

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

Zachary Roth | April 1, 2009, 12:10PM

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.

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Topics: Alaska, FBI, Justice Department, Ted Stevens, Whistleblowers

Source: Collins Strips Stim Bill Of Whistleblower Protections

Zachary Roth | February 11, 2009, 6:57PM

Another great coup for the centrists!

Sen. Susan Collins, the Maine GOP dealmaker who's been in the limelight this week for helping to pass a watered down stimulus, has been talking a good game about the need to avoid wasting taxpayer money. But it looks like Collins also worked today to strip from the final bill a measure that's crucial to exposing that waste.

Here's what happened:

The House stimulus bill contained a provision designed to protect federal whistleblowers. Currently, those protections are shockingly weak. According to the Project On Government Oversight, whistleblowers who are fired or demoted can file a complaint with a government board -- but over the last eight years, that board has ruled in favor of whistleblowers only twice in 55 cases.

More to the point, the protections were designed to encourage federal workers to point out cases where taxpayer money is subject to waste, fraud, or abuse -- a legitimate concern when Congress spends $800 billion, and one that centrists and Republicans have been particularly exercised about.

Yesterday, 20 members of the House, from both parties, sent a letter to House negotiators urging them to ensure that the protections remained.

But, according to a person following the bill closely, Collins used today's conference committee to drastically water down the measure, citing national security concerns as the reason for her opposition. In the end, the protections were so weakened that House negotiators balked, and the result was that the entire amendment was removed.

According to the person following the bill, Collins was the "central roadblock" to passing the protections.

To make matter worse, Collins is the ranking Republican on the Senate Homeland Security and Government Affairs commitee, which, as an oversight committee, might be expected to see its role as protecting whistleblowers. She also sits on the Senate appropriations committee, giving her a strong position from which to wield influence during today's negotiations.

Though Senate leader Harry Reid supported the protections, said the source, he wasn't willing to strong-arm Collins on the issue, given her central role in negotiations over the stimulus bill as a whole.

So when, in the coming months, conservatives start jumping up and down over the fact that money from the stimulus bill is being wasted, as they surely will, it's worth remember that a key measure designed to help expose that waste was removed from the bill -- and by a senator said to be a champion of fiscal discipline.

Senator Collins's press secretary did not immediately respond to a request for comment.

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Topics: Susan Collins, Whistleblowers