NationStates Jolt Archive


Judge in Steven's Case Orders Investigation

Ashmoria
07-04-2009, 20:05
of the prosecutors.

the judge was appalled by the prosecutorial misconduct and appointed a special prosecutor to investigate every lawyer on the team that prosecuted mr stevens. he said that an internal investigation wasnt good enough. it has to be independent.

Judge Emmet G. Sullivan dismissed the charges against Mr. Stevens, which was expected given the way the case has disintegrated since the conviction in October. But the judge went well beyond that step, declaring that what the prosecutors did was the worst “mishandling or misconduct that I’ve seen in my 25 years.”

Judge Sullivan spoke disdainfully of the prosecutors’ repeated assertions that any mistakes during the trial were inadvertent and made in good faith. He said he had witnessed “shocking and serious” violations of the principle that prosecutors are obligated to turn over all relevant material to the defense.

The judge appointed the attorney Henry Schuelke as special prosecutor to investigate possible criminal contempt charges against the prosecution team.



http://www.nytimes.com/2009/04/08/us/politics/08stevens.html

i am very pleased that the judge ordered independent investigation. the DOJ needs to be free of this kind of sketchy conduct.

can a lawyer be sent to prison for behavior like this? (should it be proven in a court of law)
Muravyets
07-04-2009, 20:12
Meanwhile, I think the evidence is pretty strong that Stevens is totally corrupt. So another guilty person gets off because he's not the only one who is corrupt and probably also grossly incompetent.

I've really had just about all I can take of the constant fucking up in this country. Some of the lunatic rightwing shockjocks like to scream that the Obama admin is bringing fascism down on their heads (ironic), but if there is going to be a progrom, I wish it would be a wholesale purging of people who have proven pretty amply that they just cannot and will not do their jobs right.
Farnhamia Redux
07-04-2009, 20:13
See what happens when you fire the ethical US Attorneys?
Free Soviets
07-04-2009, 20:19
the whole 'misconduct' thing looks to me like a feature, not a bug
Ashmoria
07-04-2009, 20:19
Meanwhile, I think the evidence is pretty strong that Stevens is totally corrupt. So another guilty person gets off because he's not the only one who is corrupt and probably also grossly incompetent.

I've really had just about all I can take of the constant fucking up in this country. Some of the lunatic rightwing shockjocks like to scream that the Obama admin is bringing fascism down on their heads (ironic), but if there is going to be a progrom, I wish it would be a wholesale purging of people who have proven pretty amply that they just cannot and will not do their jobs right.
yeah id rather have the feds do a thorough investigation of everyone employed by the bush administration (and every representative and senator). but im quite happy that the judge didnt leave it to the DOJ to investigate itself.
Ashmoria
07-04-2009, 20:20
the whole 'misconduct' thing looks to me like a feature, not a bug
it does to me too.
Trve
07-04-2009, 20:23
I fucking hate when obviously guilty people get off because of an incompetent prosecution.
Gauthier
07-04-2009, 21:09
These guys could hook up with Mike Nifong and open up their own law school at least.
Exilia and Colonies
07-04-2009, 21:27
I fucking hate when obviously guilty people get off because of an incompetent prosecution.

Try reading the article.

He was found guilty but the conviction was overturned because the prosecution screwed up royally about things like give the defence evidence that would help it and tell the judge about your plans to send key witnesses to the other end of the country.
greed and death
07-04-2009, 21:28
Well sense the conviction is overturned, the judge should order him reinstated in the senate. Illinois has a spot that is sort of vacant.
New Chalcedon
07-04-2009, 21:59
Well sense the conviction is overturned, the judge should order him reinstated in the senate. Illinois has a spot that is sort of vacant.

Most absolutely not!

It may have been due to poor information, but the voters of Alaska rejected Ted Stevens last year - if Stevens is innocent (unlikely but not impossible) and wants re-election, then he can recontest the next election.

Did Mark Begich orchestrate it? No - the prosecution originated within the DoJ, controlled by Bush appointees. Incompetance on their part does not invalidate Begich's win. Assuming that their misconduct is real, then it is tragic for Stevens - it is certainly tragic - because it almost certainly tipped the election against him. But there is no way to reverse that by action from the courts or executive without causing greater injustice.

Personally, I believe that if it prosecutorial misconduct is proven, then Begich should consult Stevens. If Stevens wants a rematch in light of his (now-'proven') innocence, then the right thing for Begich to do would be to resign and allow Stevens to go up against him again in a special election in light of this new information. But it is no-one's place to force Begich to do so - it is simply my opinion that such would be the morally right thing for Begich to do.

P.S. Roland Burris, whatever your opinion of him or Blagojevich who appointed him, is a duly sworn-in Senator. The Illinois Secretary of State decided to sign the relevant paperwork (despite Blago's arrest and a motion of impeachment), and the relevant Senate committee decided to seat him.

Let Burris face the voters - he will almost certainly not survive the 2010 election. If he doesn't fall in the primaries (unlikely itself - Quinn could decide that he wants into the Senate, for one), it's the best GOP pickup prospect in 2010.
Lacadaemon
07-04-2009, 22:50
I want to know what ted has on people.
greed and death
07-04-2009, 22:53
Most absolutely not!

It may have been due to poor information, but the voters of Alaska rejected Ted Stevens last year - if Stevens is innocent (unlikely but not impossible) and wants re-election, then he can recontest the next election.

Did Mark Begich orchestrate it? No - the prosecution originated within the DoJ, controlled by Bush appointees. Incompetance on their part does not invalidate Begich's win. Assuming that their misconduct is real, then it is tragic for Stevens - it is certainly tragic - because it almost certainly tipped the election against him. But there is no way to reverse that by action from the courts or executive without causing greater injustice.

Personally, I believe that if it prosecutorial misconduct is proven, then Begich should consult Stevens. If Stevens wants a rematch in light of his (now-'proven') innocence, then the right thing for Begich to do would be to resign and allow Stevens to go up against him again in a special election in light of this new information. But it is no-one's place to force Begich to do so - it is simply my opinion that such would be the morally right thing for Begich to do.

P.S. Roland Burris, whatever your opinion of him or Blagojevich who appointed him, is a duly sworn-in Senator. The Illinois Secretary of State decided to sign the relevant paperwork (despite Blago's arrest and a motion of impeachment), and the relevant Senate committee decided to seat him.

Let Burris face the voters - he will almost certainly not survive the 2010 election. If he doesn't fall in the primaries (unlikely itself - Quinn could decide that he wants into the Senate, for one), it's the best GOP pickup prospect in 2010.
So put him in the open spot in New York.
United Dependencies
07-04-2009, 22:55
These guys could hook up with Mike Nifong and open up their own law school at least.

Mike Nifong wasn't corrupt he just wanted to get reelcted. In addition although the three players were "not guilty" doesn't mean that they are totally innocent of everything.
Gauthier
07-04-2009, 23:00
Mike Nifong wasn't corrupt he just wanted to get reelcted. In addition although the three players were "not guilty" doesn't mean that they are totally innocent of everything.

Regardless of motives, they all share the common distinction of being noted for flagrant Prosecutorial Misconduct. Whether or not they're corrupt doesn't excuse shoddy behavior and work when it comes to matters of criminal justice.
The_pantless_hero
07-04-2009, 23:43
See what happens when you fire the ethical US Attorneys?

Six months before the neocons try to say this was a partisan attack by the Democratic Obama Administration trying to get rid of Republicans in Congress.
Lunatic Goofballs
07-04-2009, 23:50
I'd like to point out that none of this would've happened if Stevens had hired a contractor to remodel his house like any normal person would have. :tongue:
Muravyets
07-04-2009, 23:57
I want to know what ted has on people.
Pictures involving ducks.
Muravyets
07-04-2009, 23:58
I'd like to point out that none of this would've happened if Stevens had hired a contractor to remodel his house like any normal person would have. :tongue:
(see bolds) Well, there's your problem right there.
Ashmoria
07-04-2009, 23:59
So put him in the open spot in New York.
what open spot in new york?
Lunatic Goofballs
08-04-2009, 00:06
I want to know what ted has on people.

He has tiny spies in every tube. :)
Myrmidonisia
08-04-2009, 03:19
I fucking hate when obviously guilty people get off because of an incompetent prosecution.
Damn that due process and burden of proof, right?
greed and death
08-04-2009, 03:21
what open spot in new york?

Hilary's seat. That replacement doesn't count and can be removed at whim by a federal judge.
Myrmidonisia
08-04-2009, 03:22
Hilary's seat. That replacement doesn't count and can be removed at whim by a federal judge.

She's been replaced. Remember the Congresswoman from nowhere?
New Chalcedon
08-04-2009, 15:55
Kirsten Gellibrand has also been duly accepted into the Senate, per the relevant procedures.

The only open seat is in Minnesota. And I doubt that Minnesotans would take nicely to ending their drama by appointing an outsider to fill the spot.

Besides, isn't it against the law to serve in the Senate when you don't even live in the State you represent?

P.S: I take it, greed and death, that you either are joking or failed civics in High School.
Indri
08-04-2009, 23:58
Stevens is a Republican so he must be guilty of all sorts of evil evility.
Ashmoria
09-04-2009, 00:10
Stevens is a Republican so he must be guilty of all sorts of evil evility.
yeah thats why the DOJ of the republican administration went after him.
greed and death
09-04-2009, 00:18
yeah thats why the DOJ of the republican administration went after him.

That's more likely because h was Pro choice and became an environmentalist in 2007.
greed and death
09-04-2009, 00:18
She's been replaced. Remember the Congresswoman from nowhere?

Yeah she doesn't count. any federal judge can remove her and put stevens in in a case like this. Or better yet, put me in.
Indri
09-04-2009, 01:55
yeah thats why the DOJ of the republican administration went after him.
What did you expect from those nefarious Republicans?
Ashmoria
09-04-2009, 02:05
What did you expect from those nefarious Republicans?
a good prosecution.