October 31, 2008
Will Senator Stevens pay at sentencing for election-related comments?
I was intrigued to see from this local reporting some of what Senator Ted Stevens had to say in a debate last night about his conviction earlier this week. Consider these excerpts:
Stevens:... [T]he case is still pending on the basis of mentions which we filed for a new trial or for a dismissal of the case for prosecutorial misconduct. I have not been convicted of anything....
I’m not going to step down. I have not been convicted. I have a got a case pending against me, and probably the worst case of prosecutorial -- misconduct by the prosecutors -- that is known.
I had a talk this afternoon, with one of the attorneys here, a former U.S. attorney, who told me he was appalled by what went on in that case. So I think you’ll find out. I will succeed and I will be found innocent.
Of course, Senator Stevens was never going to have a chance to get a sentencing discount for acceptance responsibility after refusing to admit his guilt. But I am now wondering if prosecutors might formally or informally want him punished for making these kinds of severe assertions about prosecutorial misconduct. I have seen more than a few cases in which prosecutors have urge a sentence at the top of an applicable guideline range because a defendant was defiant in the face of a guilty verdict. Senator Stevens is clearly defiant, and I suppose time will tell if he might pay at sentencing for this defiance.
On the topic of prosecutorial misconduct, I was also intrigued to see this local report from a few days ago:
The issue of misconduct on the part of Justice Department prosecutors has come up again in Sen. Ted Stevens' corruption trial, this time post-conviction. A day after Stevens was convicted on seven felony counts of lying on his Senate disclosure forms, his chief lawyer, Brendan Sullivan, sent a letter of complaint to Attorney General Michael Mukasey.
Sullivan asks for the Justice Department to "commence a formal investigation into the repeated misconduct by federal prosecutors in connection with this case." They add that the trial was "irretrievably tainted by the prosecution team's zeal to convict a high-profile but innocent defendant." The Justice Department had no comment on the letter.
Some recent related posts:
- Senator Stevens convicted on all counts
- Some sentencing questions after Senator Stevens conviction
- How should (and will) Senator Stevens' political past and future impact his sentencing?
- Senator Ted Stevens not (yet) disenfranchised
October 31, 2008 at 02:28 PM | Permalink
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If Stevens thinks that the convinction will be reversed and indictment dismissed for prosecutorial misconduct when the trial judge refused to grant him a mistrial over that misconduct, he's living in a dream world.
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Another liberal, big-media plot to bring down a man who has just done so much for Alaska. Those liberal elitists will stop at nothing for their so-called justice.
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