One of the most troubling trends that foster prosecutorial misconduct is the failure of state bar and disciplinary agencies to take action against prosecutors who violate their ethical obligations.
Earlier this year, Attorney General Eric Holder and the Department of Justice (DOJ) took swift and almost unprecedented action after uncovering egregious prosecutorial misconduct in the case against Alaska Senator Ted Stevens. Holder promptly dismissed all charges against the Senator, and federal judge Emmet Sullivan ordered an independent, criminal investigation of the prosecutors responsible for intentionally failing to turn over important, exculpatory evidence to the defense. The DOJ has also promised an investigation through the Office of Professional Responsibility. The question now is whether these particular prosecutors will ever be held accountable.
Prosecutors have power. They have been given that power in part to effectively ensure public safety. Yet, everyday in courtrooms across the country, prosecutors are abusing their broad powers and engaging in misconduct that can and does lead to flawed verdicts and the conviction of innocent people. It is a severe problem-it is a widespread problem. Our criminal justice system can and should do better.
Arguably the most powerful figures in the criminal justice system, prosecutors are heavily involved in the investigation of crimes; they are solely responsible for what charges, plea bargains, and sentences a criminal defendant will face; and they have complete control over what evidence will be disclosed to the defense during discovery. The responsibility of a prosecutor is not to simply seek convictions, but to seek justice. This means that, in addition to convicting the guilty, the prosecutor has a duty to protect the innocent and guard the rights of the accused. Yet within our criminal justice system there is a lack of transparency and accountability which has allowed prosecutorial abuse of power and misconduct to become common place.
(This is an important perspective on the Stevens case dismissal. Because there are virtually no checks against it, prosecutorial misconduct is a de facto built-in part of criminal "justice" system. - promoted by Paul Rosenberg)
This week, U.S. Attorney General Eric Holder dismissed the case against former Senator Ted Stevens of Alaska. Citing prosecutorial misconduct as the primary reason, the Justice Department determined that the fairness of the trial had been too damaged by government misconduct to proceed further. Holder stated that, "[a]fter careful review, I have concluded that certain information should have been provided to the defense for use at trial," and that "it is in the interest of justice to dismiss the indictment and not proceed with a new trial." Holder's decision represents a critical first step in addressing a growing nationwide problem of prosecutors abusing their power in order to secure convictions.
The Stevens case had been marred by prosecutorial misconduct from the outset. Judge Emmett Sullivan repeatedly criticized prosecutors for failing to follow orders to provide evidence to the defense. In addition, prosecutorial misconduct at trial led Judge Sullivan to hold one of the prosecutors in contempt, and at one point instruct the jury to disregard some evidence presented by the prosecution. Delays in the case persisted in order to allow the court to deal with additional allegations of misconduct. In February, after replacing the original trial team, new prosecutors discovered even more evidence that should have been turned over to the defense. That prompted Holder to dismiss the charges against Stevens and order an internal review of the offending prosecutors.
If they gave those "personality tests" to the French or British Aristocrats at any time up to the later 20th century, what you'd find would be identical to this theme:
5. Has a sense of entitlement
6. Selfishly takes advantage of others to achieve his own ends
7. Lacks empathy
9. Shows arrogant, haughty, patronizing, or contemptuous behaviors or attitudes
All the same features that Wall Street exhibits today. It's simply part of an effort by elites in all times and at all places to turn themselves into an aristocracy and to justify their greed and exploitation of the poor by believing they are separate.
The same, of course, goes for Versailles, as was particularly evident when AG Eric Holder's scrupulously honest dismissal of charges against Stevens because of prosecutorial misconduct was egregiously misrepresented by all his Versailles buddies as vindication of his ahem! "sterling character". What better way to thoroughly blacken their own?
isn't the point that whatever he did, whether misdemeanor or felony or a slap on the wrist subject, it's almost beside the point when there's misconduct like this in a democratic system of justice? There's no choice, right? You don't withhold evidence from the defense, no matter what."
DAngelus is certainly right that there's more to the issue than just the prosecutorial misconduct. There is still the matter of Stevens being a crook. But what's the bigger issue here, particularly given the scope of prosecutorial misconduct over the last 8 years?
"There seems to be substantial evidence of prosecutorial and other misconduct in my case, that would dwarf the allegations in the Stevens case," the former Alabama governor told TPMmuckraker in an interview moments ago....
And, as he has before, Siegelman framed his case as part of a wider effort to get to truth about politicization of the Justice Department during the Bush years. "Who at the Department of Justice abused their power, and why?" he asked. "Was Karl Rove directing the show?"
Even bigger than the issue of prosecutorial misconduct, however, is the over-arching issue of restoring the rule of law. As in holding Bush Administration officials accountable for torture, and other criminal policies.
George Bush has less than 36 hours left to screw things up. Will one of his final acts be a pardon for former Alaska Senator Ted Stevens? CBS News says Senator Lisa Murkowski has called President Bush and requested just that:
Murkowski’s spokesperson, Mike Brumas spoke to CBS News' Ryan Corsaro by phone, saying that Sen. Murkowski had made the request to President Bush, but would not give details.
“It's a sensitive time right now,” said Brumas after confirming the pardon had been requested. Murkowski does not have an announcement scheduled for tomorrow.
Stevens was convicted in October of seven felony counts related to recieving illegal gifts.
The difference is now 2,374 votes. That's up from 1,022 I believe, and good for a percentage lead of 0.77%. The number of votes remaining to be counted is small which makes it unlikely Stevens can close the gap.
Somehow, contrary to pre-election polling, incumbent felon Ted Stevens leads challenger Mark Begich in votes tallied so far in their race for Senate:
Stevens: 106,594
Begich: 103,337
The good news for Begich is that those 210,000 votes only represent about 70 percent of the votes cast in the election. Another 90,500 votes remain to be counted and they break down this way (rounded):
61,000 absentee votes
20,000 questioned ballots
9,500 early votes
Now, the early votes probably skew to Begich. According to the Alaska Democratic Party he carried 59 percent of the early votes already counted. They say Democrats were encouraged to vote absentee as well. Republicans in Alaska say they had an advantage of 10,000 in voters requested absentee ballots.
The "questioned ballots," if they skew the way provisional ballots often do, will favor Democrats.
Today at least 50,000 of the early and absentee votes will be counted. If Begich has a shot at overcoming the 3,257 vote deficit we should know by the end of the day.
Ted Stevens's full statement is here, but I want to focus on the last few sentences.
I am innocent. This verdict is the result of the unconscionable manner in which the Justice Department lawyers conducted this trial. I ask that Alaskans and my Senate colleagues stand with me as I pursue my rights. I remain a candidate for the United States Senate.
I don't think there will be a whole lot of people saying something cheesy like 'We are all Ted Stevens'. It is worth nothing though that Colin Powell and Daniel Inouye both served as character witnesses for him. It's also worth noting that Stevens is blaming the prosecution for the verdict, notwithstanding that the job of the prosecution is to convict him. If he wanted to do the 'I got a bum rap' thing, he would rail against the court, the media, and the Justice Department.
I've moved Mark Begich up to the top of the Better Democrats page. If you want to throw $5 his way, it'd be a nice way of saying that you do NOT stand with Ted Stevens.
Alaska Senator Ted Stevens has been found guilty on all counts. This might come as a disappointment to the prosecution, but apparently they didn't screw it up somehow.
I have to believe this puts the Alaska Senate race in the bag.
1. He stands behind what he has done and is not guilty of any wrong doing.
2. He understands that he has done things that are illegal and may be subject to fines or jail time.
Well, which is it? Looks like Stevens is more interested in saving his own hid from his own wrong doings than actually representing the people of Alaska.
Unbelievable. Politico is reporting key evidence against Stevens has been thrown out. The chances he'll get off just increased significantly.
Judge Emmet Sullivan threw out two big pieces of evidence in the Justice Department's prosecution of Sen. Ted Stevens (R-Alaska) after it was disclosed that prosecutors failed to provide defense attorneys with all the information they needed to put on their case.
Stevens' attorneys are also expected to offer a motion for acquittal on Thursday, once the government finishes putting on its case for conviction. Stevens' defense team has repeatedly sought to have the case dismissed or a mistrial declared due to alleged prosecutorial misconduct.
Stevens also said that Senator Daniel Inouye, the Democrat from Hawaii who Stevens refers to as his "brother," was in Alaska with his wife, to join Stevens while he campaigns across the state (Inouye didn't join Stevens at this rally). Inouye is scheduled to appear with Stevens in Anchorage at the Alaska Federation of Natives' Leadership Roundtable Partnership for Affordable Energy at the Hotel Captain Cook Tuesday morning and at the dedication of the Opinsky Mail Center at 4141 Postmark Drive Tuesday afternoon.
Stevens said he would fly to Fairbanks today to join President Bush and meet U.S. troops at Eielson Air Force Base, and return to Anchorage this evening.
As Republicans return money from Ted Stevens hand over fist, the only politicians will to still appear with Stevens appear to by Hawaii Democratic Senator Daniel Inouye and George W. Bush. Nothing like a sitting U.S. Senator working against creating more Senators from his own party.
In my experience, this is what bi-partisanship appears to most frequently mean in Congress: long-term, powerful, elite insiders protecting one another. While increased partisanship is not a sufficient threat to make our political system less responsive to powerful elites in and of itself, it is a partial threat that moves power away from individual masters of the universe like Ted Stevens and toward more collective party structures. This is actually one of the reasons why the punditry fosters a public hatred against a shadow partisan enemy that is responsible for... something.
There is an individualist streak in the American psyche that recoils against partisanship, but the truth is that the vast majority, like 99.9%, of Americans are not personally powerful enough to make even the smallest dent on the political process without joining up with a larger collective structure like a political party. Unless you are individually wealthy, have a large media platform from which to pontificate, or have accrued decades worth of favors and relationship from being in Congress, good luck getting anything done on your own. In this regard, Ted Stevens and Daniel Inouye are in a very different position than most Americans, and thus have no use for partisanship.
It is always important to keep in mind who would benefit from whatever change is suggested in Washington. When it comes to reducing partisanship, elites would benefit far more than average Americans.
Though Stevens faces six opponents in the Aug. 26 Republican primary, the poll showed him with a handsome lead over businessman Dave Cuddy, his chief competition. In the same July 30-31 survey, which polled 219 Republicans about the primary, Stevens scored 59 percent and Cuddy had 19 percent with about 20 percent undecided.
Cuddy has to consolidate the anti-Stevens vote and pick up 32 points in 26 days. That means pulling all the undecideds and converting about 10 percent of the voters who have already settled on Ted Stevens. It's possible, but extremely hard.
And in the general, with Stevens in the race, Begich is up 56 to 35. I met Begich at Netroots Nation, and I've seen him speak. It's very simple why he needs to be in the Senate, and it's not because he's a Democrat. Begich is going to become our icon for climate change in the Senate; he can talk effectively about villages in Alaska sliding into the sea, and he can talk about what it's like to convert an oil rich state into one that uses tide and wind power, and conservation.
Begich is one of our Better Democrats. He won't be there with us on everything, but he's going to be with us on climate change and civil liberties, and that counts for a lot over the next few years.
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