« You make the call: is AG Mukasey's costly personal travel important? | Main | Some structural SCOTUS weekend reading »

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:

October 31, 2008 at 02:28 PM | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451574769e2010535cdd69f970c

Listed below are links to weblogs that reference Will Senator Stevens pay at sentencing for election-related comments?:

Comments

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.

Posted by: Da Man | Oct 31, 2008 8:55:06 PM

equtiy home investment loan [url=http://www.viddler.com/explore/siutobihine/]big payday loan advance cash loan settlement [/url] massachusetts boat loan<BR>auto loan massillon used [url=http://www.viddler.com/explore/hyfugifiipu/]christian payday loans[/url] community development loans<BR>parent plus direct loan [url=http://www.viddler.com/explore/epedugylobarofo/]payday loan no employment verification[/url] loan officer jobs california<BR&g

Posted by: unsalyclodolo | Apr 1, 2009 4:35:30 PM

I'm very interested in this matter and I myself do alot of research as well. Either way it was a well thought out and nice read so I figured I would leave you a comment.

Posted by: pandora chamrs | Dec 3, 2010 8:51:28 PM

Great Blog! Thanks so much for this useful information.
I hope you will contribute a lot to all your readers and gain more valuable information. Thanks!

Posted by: pandora jewelry | Dec 3, 2010 8:54:13 PM

Student loans are guaranteed by the government and typically have lower interest rates than other kinds of loans.

Posted by: arizona search engine optimization | Dec 17, 2010 1:18:02 AM

Thanks! Great Blog! Very useful information!

Thanks again!

I’m glad to see this post.

Thank you guys!

Posted by: חלקי חילוף לרכב במרכז | Jan 3, 2011 8:19:56 AM

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.

Posted by: payday loans online | Apr 22, 2011 3:49:57 AM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB