No Comment — February 6, 2009, 5:27 pm

Will Prosecutorial Misconduct Lead to Reversal of the Stevens Conviction?

The trial on corruption charges of the Senate’s senior Republican, Ted Stevens, ended on October 27, and the jurors quickly returned a “guilty” verdict. But now glaring disclosures of misconduct by the prosecution team raise doubt about whether the conviction will stand. As noted previously, Judge Emmet Sullivan, suggesting that he did not consider the Public Integrity Section lawyers appearing in the case to be credible. He insisted that then-Attorney General Mukasey furnish him with a written explanation for the Department’s failure to provide whistleblower protections to the FBI agent who came forward with the prosecutorial misconduct allegations that have rocked the case.

Mukasey apparently departed without complying with the judge’s request. But Public Integrity Section chief William Welch sent the judge a detailed letter offering novel rationalizations for the prosecution’s false steps and seeking not to be held in contempt. Welch’s submission fails to comply with the specific demands the judge placed on prosecutors about disclosure of communications. Welch instead suggested that the judge was operating on the basis of a misunderstanding about the case and that he would need a further two weeks to comply if the judge persisted in his order. The Anchorage Daily News reports

In a letter to the judge dated Jan. 30 and made public Thursday, William M. Welch II, head of the Justice Department’s Public Integrity Section, said he erred when he said in January that government employees cited in an FBI agent’s complaint alleging improprieties by government officials “want their story to be made public.” In fact, he wrote, not all of them gave their consent to having their names released Jan. 14 in a publicly filed copy of the eight-page complaint, though he didn’t identify which ones.

Stevens’s attorneys are seeking to have the conviction overturned on grounds of prosecutorial misconduct, a remedy which is rarely granted. In papers filed with the court, Stevens’s attorney states:

The government still does not get it. Over and over again, it has been caught red-handed making false representations to the Court and the defense.

This is the latest in a long series of scandals surrounding prosecutions by the Public Integrity Section, differing from others only in that the defendant in this case is a prominent Republican. A special prosecutor is probing allegations that the Bush White House improperly manipulated prosecutors for political purposes following the release of reports by two Congressional committees and the Justice Department’s own Inspector General that documented such manipulation in great detail. None of the allegations touched upon the Stevens case, however.

Share
Single Page

More from Scott Horton:

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

From the June 2014 issue

The Guantánamo “Suicides,” Revisited

A missing document suggests a possible CIA cover-up

No Comment March 28, 2014, 12:32 pm

Scott Horton Debates John Rizzo on Democracy Now!

On CIA secrecy, torture, and war-making powers

Get access to 164 years of
Harper’s for only $39.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

October 2014

Cassandra Among the
Creeps

= Subscribers only.
Sign in here.
Subscribe here.

“Today Is Better Than Tomorrow”

= Subscribers only.
Sign in here.
Subscribe here.

PBS Self-Destructs

= Subscribers only.
Sign in here.
Subscribe here.

The Monkey Did It

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Post
"In mid-August, hundreds of displaced Christians who had fled to Erbil were moved by Kurdish authorities into the concrete shell of a half-built mall. "
Photograph by Sebastian Meyer
Article
“Today Is Better Than Tomorrow”·

= Subscribers only.
Sign in here.
Subscribe here.

“Iraq has every disease there is; its mind is deranged with too many voices, its organs corrupted, its limbs only long enough to tear at its own body.”
Photograph by Benjamin Busch
Post
Flying Blind·

= Subscribers only.
Sign in here.
Subscribe here.

“President Obama’s war against the Islamic State will represent, by a rough count, the eighth time the U.S. air-power lobby has promised to crush a foe without setting boot or foot on the ground.”
Article
The Monkey Did It·

= Subscribers only.
Sign in here.
Subscribe here.

“In Murakami’s fiction, what presents itself as a key reveals itself simultaneously to be a keyhole.”
Illustration by Steven Dana
Article
PBS Self-Destructs·

= Subscribers only.
Sign in here.
Subscribe here.

“The present state of PBS, the result of built-in deficiencies and ideological conflicts, was almost an inevitability.”
Illustration by Thomas Allen

Estimated percentage of U.S. gasoline consumption that occurs during traffic jams:

4

In India, 1.8 million female children were estimated to have died between 1985 and 2005 as an indirect result of domestic violence against their mothers; the boys of abused mothers were not at increased risk of death.

Vanilla latte and lemon pound cake continued to be the best-selling items at the Starbucks at CIA headquarters, where baristas do not write customers’ names on their cups.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

In Praise of Idleness

By

I hope that after reading the following pages the leaders of the Y. M. C. A. will start a campaign to induce good young men to do nothing. If so, I shall not have lived in vain.

Subscribe Today