TheAgitator.com
Ted Stevens Will Skate
Wednesday, April 1st, 2009I basically agree with James Joyner that Eric Holder is probably making the right decision in dropping the charges against hugely corrupt Sen. Ted Stevens (R-Alaska). The prosecutors’ behavior in the case was atrocious.
By the same token, this is by no means the only case where federal prosecutors have behaved atrociously. It’s unfortunate that they’ve chosen to take a stand against misconduct in the case of an obviously guilty politician.
But hey, maybe there will be more of these. Holder could start by looking in Pittsburgh.
April Fools, right? RIGHT?!!
Holder drops charges against Senator Stephens due to “proscutorial misconduct”. He, claims he wants to send a strong message that prosecutorial misconduct will not be tolerated. (At least apparently if the Defendant is a politician).
http://www.foxnews.com/politics/2009/04/01/doj-sources-say-case-dropped-ex-sen-ted-stevens/
Pity that the case they chose was Stevens. But then, he is/was a wealthy, white, GOP heavyweight. Now, if the Dems want to actually introduce reforms to curb prosecutorial misconduct, it will be harder for the GOP to claim that this is some sort of soft on crime, racially motivated move by a black AG and President. Lets hope that this cloud has a silver lining.
Um, Radley, please don’t give Eric any ideas. As a gun owner in Pittsburgh, I don’t want him anywhere near me. :-)
Radley,
So you are aware, the U.S. Attorney who headed up the Stevens case was a transplant from U.S. Mary Beth Buchanan’s office. Neil Cohen, the Interim U.S. Attorney, was put in place in Alaska through the political patronage of Mary Beth Buchanan. Seems though he picked up some bad bad habits along the way while working under Buchanan.
And in case you are wondering, the local papers in Pittsburgh reported a few weeks ago that U.S. Attorney Cohen was coming back to Pittsburgh to serve once again under Buchanan. Seems like he was able to walk on this one after all.
Fritz,
Please read the article that Radley linked to. The article depicts an innocence man’s life ruined through incompetence on the part of prosecutors in Pittsburgh and a refusal by them to fess up. I think your fears of gun control, which are unsubstantiated, are minor compared to the poor man who has had a thirty five year career taken away, his reputation ruined, and his savings depleted by Buchanan’s incompetence and quest for headlines.
Senatorial misconduct, though, is perfectly fine?
I suppose garden gnomes, not illegal contributions, paid for all the crap at Stevens’ house. Change, indeed.
This may seem off-topic, but it could go in any of a hundred of Radley’s posts here. I wonder how any of you can read this blog every day and not be anarchists. The funniest thing is the stance of the minimal statists: they only want government to provide for national defense and a legal system. Good lord, those are arguably the two most effed up parts of the US government.
[...] And, yes, as Radley Balko points out, prosecutorial excess is by no means reserved for cases involving the rich and [...]
It couldn’t be because the prosecutors deliberately screwed up so that Stevens would have grounds for appeal and the case quietly goes away, could it?
Or is my tinfoil hat constricting the blood flow to my brain?
Given what GOP whores the DOJ became during the Bush years I think we must strongly and deeply consider what andyinsdca said at #9 and hope that Holder looks into it. It was clear that Stevens was corrupt as sin and the prosecution screwing up was the only way that he could walk.
I am sure, now that the precedent has been set, that AG Holder will see to it that every other case of prosecuter misconduct will be investigated and the necessary actions to correct injustices will be taken.
andyinsdca, may I borrow your tinfoil hat?
And, on the subject of Stevens himself, I beleive that every politician who has been wrongfully convicted has a right to reversal of his guillotining.
If Holder is actually serious about looking into prosecutor misconduct, this case is a good one to start with. Letting a pol of the Republican party off the hook due to misconduct by the prosecution is going to mute the cries of partisan witch hunting, at least somewhat.
Of course we don’t know that Holder is actually going to do that, but I’m cautiously optimistic. My thinking is that Obama brought in Holder, someone experienced in the operations of DOJ, mostly to clean that department up.
#6
James,
But you are referring to a rich doctor, who was convicted of having sex for drugs, in his practice. We all know how doctors are! And, we all know how honest the prosecutors are. ; P
But, unlike the senator, the doctors’ assets are seized, And, they are left with no money to defend themselves!
There is another, recent, case in Florida that went the other way. The prosecutors were busted for improper behavior in the trial of a pain management doctor. Even, after their manipulative behavior, he was found “not guilty”! Too bad they cannot find that all of the prosecutions like this are marred by the conduct of prosecutors and the DEA! There have been, way too, many!
Michael,
Actually, the doctor was not convicted of sex-for-drugs. When the doctor had the letters from witnesses proving they lied about such accusations, the prosecutor argued before the court that sex had nothing to do with the case at all. The court agreed.
As for being rich, Dr. Rottschaefer was a sole proprietor business man who ran a small town doctor’s office. He is not rich. It is true he was well off in the middle class arena, but that is nothing against the weight of the government and its resources.
Whether someone deserves to go to jail shouldn’t be confused with whether the prosecution deserves a conviction.
I had no idea that Buchanan was behind all of those prosecutions, I knew about each of them individually but didn’t put together the common thread for some reason.
Thank you for once again providing me with grist for the outrage mill!
I’m closer and closer to being an Anarchist every day.
The law is such a dishonest profession. It’s not about right or wrong. It’s about winning at all costs without any regard for a person’s guilt or innosence. We shouldn’t be suprised that prosecuters lie and bully to win.
I’m glad I’m not the only one whose first thought on this was “conspiracy.” Stevens has always looked a little too pleased with himself for someone with a legitimate fear of being punished for his corruption.
As an Alaskan I have to object to the characterization of Stevens as “an obviously guilty politician”. Personal gain is not what Stevens is about. He is and always has been a vigorous advocate for Alaska. When there are only 3 people is DC looking out for your state, you must be vigorous. Uncle Ted did not invent the rules by which the Senate operates, he merely played the ‘game’ well. If you don’t like the rules then change them…don’t bitch because you got outplayed by an old man from the far reaches of the union.
As an example look at the Izembeck refuge road. For years the people in King Cove have tried to get a 7 mile road built to Cold Bay where there is an all weather airport. This is a safety issue for those that live in King Cove, but for national environmental groups it is a cause celebre’. As much as many folks in the lower 48 like to think of Alaska as their park to visit, it is a State with residents who live, work, and die here. How many of the commenters here can’t get an ambulance to the hospital? How many live in a place with no sewer system? Alaska has more acreage under federal control than any other State. With ownership comes ‘landlord’ responsibilities. Don’t appropriate half our state and then bitch about the upkeep.
As far as the Stevens charges go…..A renovation that cost about the same as the increase in appraised value; A dog which is worth what someone is willing to pay for it (as a non dog-lover it isn’t woth a dime to me); An easy chair and a barbeque–ok, so someone gave an easy chair and a bbq to an old man…who’s being petty now?
Let’s leave this story as what it is–prosecutorial misconduct that directly and adversely impacted Alaskan’s rights to choose their own representation in DC. Unless, of course, State’s rights aren’t important.
Ted Stevens, a former federal attorney and 40-year member of the U.S. Senate found himself charged and tried for lying to the Senate by not disclosing gifts received by the star witness against him. Federal prosecutors knew the witness was unreliable and overstated the value of his “gifts” to the Senator. Stevens’ wife apparently paid for the value actually received; he asked for a speedy trial, expecting to be acquitted prior to his upcoming election, but to his dismay, the prosecutors behaved badly, he was found guilty and in disgrace.
A former U.S. Attorney for Alaska said in an interview that the FBI agent’s whistleblowing complaint contained “shocking” allegations and he thought career FBI agents and federal attorneys might spend time in jail.
The course reversal speaks well of President Obama’s choice of his Attorney General.
Now if only the news announcers would focus on the facts and the effects of this tragic event.
It seems the DNA evidence is in; the defendant should not have been found guilty.
What’s the right thing to do now? Yes, the justice system needs an upgrade, but what about repairing the damage to an man who has been wronged???
Don K
Anchorage, Alaska
How many of the commenters here can’t get an ambulance to the hospital? How many live in a place with no sewer system?
How many choose NOT TO live in such a place?
If people wish to live 28 miles from civilization, that’s fine with me. But be prepared to not have roads and services. Don’t ask me to spend $34 Million to build a road to your house.
Alaska is really the quintessential red state. Complain about taxes and socialism and the welfare state, brag about your rugged self-reliance and then demand giant handouts from the government.
Chuchundra,
I agree with your sentiments. However, I do take this statement into account.
Alaska has more acreage under federal control than any other State. With ownership comes ‘landlord’ responsibilities. Don’t appropriate half our state and then bitch about the upkeep.
Also giving recognition that the EPA can cause development costs to skyrocket with impunity in such remote and pristine environments.
CKS,
We in Arizona and all over the desert west have to deal with lack of sewer systems in some places. We use septic tanks, etc. We adapt to our circumstances and realize that if you live an hour from a hospital, you might get in over your head. That is a natural consequence of making a decision to live where you do. You have to realize that this is a blog with a libertarian slant, most readers don’t buy the “The fedral government owes us” argument.
As for the effect of environmental regulations, I quake in fear of the green army also. Unchecked power to regulate basic human necessities such as dwellings, land use and so forth is a nightmare of epic proportions.
This new found concern for prosecutorial misconduct will not extend to any cases that dont involve well connected politicians.
It is important to note that where Dr. Rottschaefer is clearly innocent, Ted Stevens is not. The Justice Department did not exonerate Stevens at all. All they did was say they so screwed up the case that they will not continue.
Holder, by his own admission, lost interest in the case at least in part because Stevens lost his Senate seat. Anyone think for a minute that the DoJ would have dropped the charges if Stevens had been re-elected?
Please note that this is not to say that Stevens wasn’t corrupt, and shouldn’t have been prosecuted. I think he pretty obviously was. It just points out that the “discovery” of massive proprietorial misconduct only occurred after the investigation cost Stevens his Senate seat.
To believe that Holder did this out of some desire for “justice” and not because there was no more political advantage to be gained through further prosecution is naive in the extreme.
james
; P —- means sarcasm!
It would not matter how rich he was if all his assets were seized. He was not, even, well off, after they took his money. I am a physician, too. I know the case. And, in this case, as in many other pain doctor cases, the DEA and prosecutors know better how to treat his patients, without ever laying an eye on them! And, he was put in jail, was he not? The case, involved, in large part, the (perjured) testimony of sex for drugs. Yet in the civil cases, the women stated they had a medical reasons to receive the meds. It still is a screwed up case, full of prosecutorial misconduct!
Michael,
Thank you for your comments. I am also very familiar with the case and have reviewed the testimonies and civil proceeding depositions. In the end, the physician in the case is innocent and Buchanan has attempted to hide the truth through floating the sex allegations that she has stated herself were never proven, decided by a jury, and were lies.