Charges Against Stevens Dropped

Last November in the following post:

http://60733066.blogspot.com/2008/11/is-ted-stevens-convicted-felon-or-not.html

I mentioned that there was significant prosecutorial misconduct in the case of Ted Stevens, the 85-year long time Sentator from Alaska who lost his bid for re-election last Nov in light of his conviction for lying on federal disclosure forms.

I expressed hope that he would win his appeal. As it turns out, it didn't even make it that far.

Today's NY Times article,

In a stunning development, Justice Department lawyers told a federal court that they had discovered a new instance of prosecutorial misconduct in the case and asked that the convictions be voided. There would be no new trial in the case.

Wow.

Now some may say, "See the system works. Mr. Stevens has been exonerated."

But think about it. Mr Stevens, a distinguished Senator of 40 years (longest serving Republican in history), had his life's work and reputation ruined by a misguided prosecution. He has endured an invasive and embarrassing criminal prosecution, the threat of imprisonment, and millions of dollars in legal expenses (which he does not recover) for conduct that was not illegal.

(Some may say that his conduct WAS illegal but the prosecution just bungled the case and he got off on a technicality but as I read the article, the prosecution willfully distorted the testimony of the key witness who had in earlier interviews provided exculpatory testimony that indicated that Mr Stevens did not know what the prosecution alleged he did. I think he was completely innocent from the outset and the prosecution knew it.)

When you are the subject of a federal investigation and subsequent prosecution, you have already lost. It doesn't matter whether you are acquitted or not -- you have lost. There is no such thing as "winning" a federal case.... you either lose big (conviction and prison) or lose small (acquittal but bankruptcy and loss of reputation).

Fortunately, while small consolation to Mr. Stevens, "it appeared that the prosecutors who tried Mr. Stevens on ethics charges would themselves now face ethics charges."

Hmmm..... we'll see.

ADDENDUM:

See this post at the Sentencing Law and Policy Blog:

http://sentencing.typepad.com/sentencing_law_and_policy/2009/04/official-ag-holder-statement-on-dojs-new-position-in-stevens-case.html

My real-world translation [of the Attorney General's official statement]: "Though I have concluded we secured a constitutionally tainted conviction in the course of ruining Senator Stevens' career and legacy, I won't admit that any lawyers did anything wrong and I hope that by dropping this whole matter nobody will consider what this case reveals about our federal criminal justice system."

Though I am not a tort law or Bivens specialist, I cannot help but think about whether Senator Stevens might have a viable civil law claim for damages as a result of all the economic harm he has suffered as a result of his constitutionally tainted prosecution and conviction. At the very least, I would hope the feds might pick up some of his post-conviction legal bills.

MORE COMMENTS:

http://roomfordebate.blogs.nytimes.com/2009/04/01/when-prosecutors-step-over-the-line/