Stevens’s prosecutors now face charges

The judge in the corruption trial against former Sen. Ted Stevens (R-Alaska) overturned his conviction Tuesday and initiated a criminal contempt investigation of alleged misconduct by the team of government lawyers who prosecuted Stevens.

U.S. District Judge Emmet Sullivan severely scolded the prosecution for its conduct.

{mosads}“In nearly 25 years on the bench I have never seen anything approaching the mishandling and misconduct in this case,” Sullivan said.

He also called the prosecutors’ actions “shocking and disturbing.”

Attorney General Eric Holder last week announced that the Justice Department would ask for the conviction and the indictment to be overturned because of recently discovered evidence of prosecutorial misconduct. A new team of government lawyers uncovered prosecutorial notes that contradicted testimony by the star witness, oil-company executive Bill Allen.

Stevens, who was convicted last fall of lying on Senate disclosure forms eight days before he lost his reelection bid against Democrat Mark Begich, said he was grateful for the hard work of the judge, as well as his legal team. The Begich-Stevens contest was tight, and the government’s prosecution of Stevens almost certainly played a role in the outcome.

“Thank God they were willing to take on this case,” Stevens said of his legal team, led by Brendan Sullivan of Williams & Connolly, adding that what happened in the case “nearly destroyed” his faith in the U.S. justice system.

“I would like to thank my Senate colleagues, former staff and close friends from Alaska, many of whom attended each day of these proceedings and many of whom are here today,” he told a packed D.C. courtroom. “Your friendship has been a humbling source of strength throughout this fight.”

Stevens also thanked his wife, Catherine, and his children, many of whom attended the proceedings and wept tears of joy when the judge announced his decision to dismiss the case. Stevens reacted by hugging his family, friends and supporters.

Later, as Stevens was getting into his car, he appeared more lighthearted.

“If I were Sen. Robert Byrd [D-W.Va.], I’d say, ‘Hallelujah,’ ” he remarked to a crowd of reporters.

Judge Sullivan had repeatedly questioned government lawyers’ conduct during the trial and told the Justice Department to hand over documents related to the allegations of misconduct by prosecutors. He said most of the private discussions he had with prosecutors and the defense team during the trial would be unsealed and be publicly available.

Since Stevens was convicted, his lawyers have filed several motions to dismiss his original indictment or to grant a new trial. The decision to drop the charges came after the Justice Department discovered notes from an interview prosecutors conducted last April 15 with Veco executive Allen that disputed statements he made on the stand about the cost of renovations to Stevens’s Alaska home.

After the criminal corruption investigation is completed, Judge Sullivan could seek sanctions against prosecutors if he finds that they intentionally violated rules governing the disclosure of evidence.

During Tuesday’s proceedings, government lawyers said they would not seek a retrial.

“We deeply, deeply regret that this occurred,” said Paul O’Brien, a senior DoJ prosecutor who has been reviewing post-conviction matters in the case.

Brendan Sullivan, the lead defense attorney, on Tuesday spent over half an hour railing against the wrongful action and the irreversible damage it had done to Stevens’s career, as well as to public trust in the justice system. He argued that the prosecutorial misconduct was not the result of technical mistakes but “clear, intentional, devious and willful” behavior designed to further government lawyers’ careers by helping to win a conviction against a sitting senator.

When he received word that prosecutors had failed to hand over the April 15 Allen interview as the law requires, Sullivan said, he was sick to his stomach and in a “silent rage” for a number of days.

“[Prosecutors] indicted a sitting U.S. senator who would have been reelected,” he said. “Along the way, they decided they had to win and they abandoned all decency in the process.”

Stevens was convicted of failing to report $250,000 worth of home renovations paid for by an oil company and its officials on his financial disclosure forms. During the monthlong trial that ended in October, several jurors told reporters that the evidence against Stevens was convincing and his combative and evasive testimony on the stand was perhaps the most damaging aspect of his case.

The defense team at Williams & Connolly is known for filing prosecutorial misconduct claims, and government attorneys provided plenty of ammunition. The judge repeatedly rapped government lawyers for how they handled witnesses and evidence and twice told the jury to ignore evidence prosecutors presented. To make matters worse, an FBI agent filed a whistleblower complaint accusing prosecutors and fellow agents of misconduct and a witness complained about being lied to regarding an immunity deal.

This story was updated at 3:20 p.m.