Stevens and Prosecutorial Misconduct

Judge Emmet G. Sullivan has been a judge for 25 years.  This is enough time on the bench to see a lot.  And yet, according to him, he has “never seen the level of mishandling and misconduct” as performed by government lawyers in their prosecution of former Senator Ted Stevens.

That was an angry Judge Sullivan as he not only dismissed the Stevens conviction, but appointed a special investigator to determine whether or not the federal prosecutors should themselves be prosecuted.  As some may recall, Stevens was convicted in October on corruption charges 7 days before his bid for reelection.  Not surprisingly, the longest serving Republican in the history of the Senate was defeated, but by only 3000 votes.  As Kaimipono Wenger writes on Concurring Opinions, his conviction must have tipped the scales.

The Obama Justice Department has decided not to pursue the case any further.  Why would they?  The Democrats managed to edge out a 40 year Republican incumbent.  In Alaska to boot.

As the saying goes, “Our work here is done.”