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Probe: No grounds for criminal charges

Investigation find no grounds to charge Stevens prosecution

Posted: November 22, 2011 - 1:02am
Former Sen. Ted Stevens shakes hands with supporters during an election appearance at Centennial Hall in August 2008.  Michael Penn / Juneau Empire File
Michael Penn / Juneau Empire File
Former Sen. Ted Stevens shakes hands with supporters during an election appearance at Centennial Hall in August 2008.

SEATTLE — An independent investigation has found that the corruption prosecution of former U.S. Sen. Ted Stevens, R-Alaska, was “permeated by the systematic concealment” of significant evidence that would have helped Stevens’ defense, the federal judge in the case revealed Monday.

Attorney and former prosecutor Henry F. Schuelke III, who conducted the probe, did not find technical grounds to file criminal contempt charges against the Justice Department attorneys who handled the case. But his report was silent on whether the government lawyers should be prosecuted for obstruction of justice.

That could be determined by a separate internal investigation by the Justice Department that is also, more than three years after Stevens’ trial, nearing its conclusion.

Judge Emmet G. Sullivan, who ordered the special prosecutor’s investigation when the case imploded in 2009, released a brief description of Schuelke’s 500-page report Monday but said the full document would not be made public until the Justice Department had reviewed it.

He made it clear that his concerns about the federal government’s handling of the case are substantial. Sullivan said “prosecutorial misconduct ... permeated the proceedings before this court to a degree and extent that this court had not seen in 25 years on the bench.”

The judge said Schuelke and his co-investigator, William B. Shields, “found evidence of concealment and serious misconduct that was previously unknown and almost certainly would never have been revealed — at least to the court and to the public — but for their exhaustive investigation.”

Stevens, who was the longest-serving Republican in the Senate, was found guilty in October 2008 — on the eve of his bid for re-election — of making false statements in connection with his relationship with Bill Allen, then-president of Veco Corp., an influential oil services company.

Stevens, who lost the election, died in a plane crash last year.

Only very late in the game did Stevens’ defense lawyers learn that a broad array of information casting doubt on Allen’s reliability as a witness and other important aspects of the trial was never turned over to the defense, as is required by law.

The Justice Department took the extraordinary step of dismissing the indictment, but defense lawyers for other Alaskan politicians targeted in the corruption probe soon found similar discovery violations, throwing the entire federal investigation, known as Operation Polar Pen, into disarray.

Schuelke’s investigation and the still-uncompleted internal Justice Department probe have dragged on far longer than anyone expected, a delay that has left unanswered crucial questions about whether federal attorneys knowingly withheld exculpatory evidence and, if so, whether senior Justice Department officials ordered junior attorneys to keep quiet about their concerns.

Nicholas Marsh, the young prosecutor from the department’s public integrity section who put together some of the cases that targeted Alaskan politicians, committed suicide in September 2010. He had been transferred out of his job and, friends have told the Los Angeles Times, had been waiting endlessly for a verdict on his conduct amid fears he would be targeted by superiors as a scapegoat.

Sullivan said Schuelke’s inquiry involved the review of 150,000 pages of documents and interviews with numerous witnesses, including 12 depositions. Although it officially covered only the cases of Stevens, the probe also of necessity involved gaining a “comprehensive understanding” of at least two other cases brought under the wide-ranging Alaska corruption probe, that of former Alaska House Speaker Peter Kott and ex-legislator Victor Kohring, Sullivan said.

Those cases initially were thrown out on appeal as a result of the same kind of problems that plagued the Stevens case. They concluded this fall, with both men pleading guilty to felony charges.

Kott’s lawyer, Michael Filipovic, said he had not seen Schuelke’s report and could not comment on it. “However, with respect to the issue of releasing the report into the public domain, I think it is important that there be a public record of the details of the misconduct that took place in these cases,” Filipovic told the Times.

Stevens’ attorney, Brendan V. Sullivan Jr., also said he could not comment on the report.

Judge Sullivan said Schuelke found no grounds to file criminal contempt charges against any of the prosecutors because the judge had never specifically ordered them to comply with their discovery obligations — in part because the judge had assumed, based on their assurances, that the prosecution team was complying with the law.

“I’m not going to write an order that says ‘follow the law.’ We all know what the law is,” the judge told prosecutors during the trial.

“It should go without saying that neither Judge Sullivan, nor any district judge, should have to order the government to comply with its constitutional obligations, let alone that he should feel compelled to craft such an order with a view toward a criminal contempt prosecution, anticipating its willful violation,” Schuelke wrote, according to Sullivan’s summary.

The internal probe conducted by the Justice Department’s Office of Professional Responsibility could recommend filing charges for obstruction of justice, or some lesser remedy, such as firing or referral to local bar associations. Or it could find there was no actionable wrongdoing at all.

U.S. Attorney General Eric Holder told a congressional committee this month that the internal inquiry was in its “last stages.” “There is a multi-hundred-page report that ... is just about finalized,” Holder said. He said the fact that he was “bothered by what happened” already led him to dismiss the case against Stevens.

“My hope is that we will be able to share as much of that report as we possibly can,” he said. Justice Department officials said they would have no comment on the report released Monday.

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eddailey
425
Points
eddailey 11/22/11 - 08:37 am
0
0

Innocent

The late Senator Ted Stevens was innocent after all. I'm glad. I was one of the naive people who don't know anything about politics. I hate politics because it can get so mean, cruel, and vicious, conniving and manipulative. I'm sorry I didn't vote for Sen Stevens this last time in spite of all the awful politics on his case.

XXL_Man Alaska
429
Points
XXL_Man Alaska 11/22/11 - 11:23 am
0
0

R.I.P.

Rest in Peace Uncle Ted, and again thank you for all that you have done for the State of Alaska.

I always believed in your innocence and I am very pleased to read this article proving it.

Persnickety Persimmon
4173
Points
Persnickety Persimmon 11/22/11 - 11:24 am
0
0

Unfortunately, the court also

Unfortunately, the court also ruled that the internet is, indeed, a big truck that you can just dump something in, not a series of tubes.

isldandhopper
2490
Points
isldandhopper 11/22/11 - 12:14 pm
0
0

p(p)k

Flys right up your --- don't it

alaskabobc
3923
Points
alaskabobc 11/22/11 - 12:39 pm
0
0

Trust.

Unfortunately, this level of malfeasance runs rampant at all levels of the federal government. It permeates the justice department the EPA, NOAA, the dept of energy and any other entity back there that has their own agenda. Only getting their outcome is important, not the methods of how said outcome is arrived at!

kpawsuh
10138
Points
kpawsuh 11/22/11 - 12:51 pm
0
0

Put your tinfoil hat back on

Put your tinfoil hat back on Bob...

madyar
31
Points
madyar 11/22/11 - 01:31 pm
0
0

Wish this had come out before

Wish this had come out before Begich got elected. Rest in peace Ted.

glacierdogs
1319
Points
glacierdogs 11/22/11 - 01:43 pm
0
0

It's worse than reported

Anchorage PD detectives told the Anchorage Daily News they have an easy case against Veco's Bill Allen on trafficking in young girls for sex, trading drugs to their mothers in return for use of the young girls, etc. But no one will prosecute Allen, and there is a good chance that the reason is that the federal Justice Dept. attorneys used young girls to help set up Bill Allen so that he would help them with Ted Stevens and other defendants. With the young girls and Allen on tape they could ask Allen if he wanted a 50 year sentence or if instead he would help them and receive only a few years sentence. And in fact, he is of course free beginning today. One question is whether attorney Marsh did himself in or was murdered for some reason related to all this. Either way, it may be the only instance of true justice in this entire case. Allen came out way ahead of anyone named Stevens, Kott, Kohring, et. al.

No Alaskan will trust the state and federal justice systems for at least 50 years as a result of what happened to Ted Stevens.

gmpatton
2135
Points
gmpatton 11/22/11 - 02:09 pm
0
0

Oh yeah this story is a real

Oh yeah this story is a real shocker. Hello! They're attorneys! Federal attorneys at that. Duh!

We don't have a justice system in this country. We have a wholly corrupt legal system.

AH HA
1639
Points
AH HA 11/22/11 - 05:26 pm
0
0

Media Misrepresents the truth

This is a very nice example of the media carefully not telling the whole truth. If one can be bothered to read the order issued by Judge Sullivan, it makes abundantly clear that the Investigator was charged with a specific duty, to investigate and prosecute any instances of contempt of court related to the Stevens trial. The investigators report alleges that crimes had taken place and could probably be prosecutable but states that since the crimes are not specified in his charge he is not empowered to prosecute them. It seems plain from the Judge's discussion of the matter that in at least several instances the crime "obstruction of justice" had occurred.

It would seem to me that such a crime is one of the most serious things that a federal prosecutor could be charged with.

madison89
1040
Points
madison89 11/23/11 - 04:55 am
0
0

If only we could prosecute

Unpublished

If only we could prosecute Begich for his brain dead support of the disastrous obama care. Oh well, we can toss him out on his Marxist rear in 2014.

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