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Attorney General Eric Holder has decided that the Justice Department should abandon the corruption conviction secured against former Alaska Senator Ted Stevens. The bombshell decision has nothing to do with the merits of the case against Stevens–it stems from a recognition that the Justice Department’s Public Integrity Section behaved unethically in the conduct of the case—withholding vital evidence from the defense, among other things. Holder is himself a former Public Integrity prosecutor. He made the right call in the Stevens case.
In “Public Indecency,” my column in the American Lawyer out today, I survey the growing list of misconduct allegations against the Public Integrity Section. The Stevens prosecution is only one of roughly two dozen cases in which similar charges have been made on a credible level–collectively they make plain that an ethically-challenged “victory at all costs” mentality is now well entrenched there. Judge Sullivan, presiding over the Stevens case, asked an important question: “Does the Public Integrity Section have any integrity?” By referring the Stevens matter to the Office of Professional Responsibility for an investigation and possible internal disciplinary action—in addition to the sanctions that Judge Sullivan is promising—Holder makes clear that he appreciates the gravity of the damage done to the department’s reputation during the Bush era.
Holder’s difficult decision was essential, but it was only a first step. The Stevens prosecution was undertaken just as the Justice Department was coming under sustained fire from Congress and the media over a pattern of political prosecutions. The misconduct by prosecutors in the Stevens case, bad as it was, is trivial compared to what went on in a number of other political prosecutions which have been profiled here–the Siegelman case, the prosecutions of Paul Minor and two Mississippi judges, and the prosecution of Cyril Wecht.
All of these cases cry out for prompt investigation. Holder has taken the right first step. But much remains to be done if the Justice Department is to win back its reputation for integrity in politically-tinged cases. Restoring that reputation should be a top priority for Holder. Today he signals that it is a top priority.
More from Scott Horton:
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
Freddie Gray’s relatives arrived for the trial in the afternoon, after the prep-school kids had left. By their dress, they seemed to have just gotten off work in the medical and clerical fields. The family did not appear at ease in the courtroom. They winced and dropped their heads as William Porter and his fellow officer Zachary Novak testified to opening the doors of their police van last April and finding Freddie paralyzed, unresponsive, with mucus pooling at his mouth and nose. Four women and one man mournfully listened as the officers described needing to get gloves before they could touch him.
The first of six Baltimore police officers to be brought before the court for their treatment of Freddie Gray, a black twenty-five-year-old whose death in their custody was the immediate cause of the city’s uprising last spring, William Porter is young, black, and on trial. Here in this courtroom, in this city, in this nation, race and the future seem so intertwined as to be the same thing.
Average speed of Heinz ketchup, from the mouth of an upended bottle, in miles per year:
After studying the fall of 64,000 individual raindrops, scientists found that some small raindrops fall faster than they ought to.
The Playboy mansion in California was bought by the heir to the Twinkie fortune, and a New Mexico man set fire to his apartment to protest his neighbors’ loud lovemaking.
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“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”