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Tilting at Windmills

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April 3, 2009

FORGET THE DO-OVER.... Given the prosecutorial misconduct, Attorney General Eric Holder did the right thing this week in dropping the federal case against former Sen. Ted Stevens (R) of Alaska. But talk of a new special election is a little silly.

Among those calling for a special election was Randy Ruedrich, the Republican Party chairman, who said in an e-mail message Thursday, "A special election will allow Alaskans to have a real, nonbiased, credible process where the most qualified person could win."

On Wednesday, the Justice Department moved to drop all charges against Mr. Stevens, 85, citing what it called prosecutorial misconduct. He was convicted on seven felony counts of ethics violations just before he lost a bid for re-election in November. Judge Emmet G. Sullivan will determine whether to grant the department's motion at a hearing scheduled for Tuesday in Washington.

Several hours after the Alaska Republican Party asked for a do-over election -- and for Sen. Mark Begich's (D) resignation -- Gov. Sarah Palin (R) followed her party's lead.

Alaska Democrats, not surprisingly, don't find much merit in the idea. Begich explained that he began his campaign well before Stevens' legal troubles, and was elected "because Alaskans were looking for a change and a senator as independent as Alaska." The chairwoman of the Alaska Democratic Party added, "To imply that Alaskans didn't know what they were voting on, is just plain wrong. Alaskans deserve to be treated with respect and their choice for senator honored. Even before all this came up, there was a strong feeling that it was time to move on and that Alaska needed new leadership."

Even Sen. Lisa Murkowski (R) of Alaska agreed that "turning back the clock" is "not an option."

Nor should it be. Would Stevens have won re-election if prosecutors had been more responsible? I haven't the foggiest idea. Maybe Stevens would have been convicted anyway. Maybe voters were sick of Stevens' nonsense and multiple scandals. It's impossible to say what might have happened with any certainty, but that doesn't change the fact that there was a legitimate election and the sitting senator won more votes.

Several years ago, Gary Condit sought re-election, despite prosecutors' belief that he might have been involved in Chandra Levy's murder. Condit was defeated, though police later cleared him in the case. Does he get a do-over election? Not so much.

Look, there's no doubt that the prosecutors in Stevens' trial badly mishandled the case. But let's also not forget that Holder intervened, not because of Stevens' innocence, but because of the misconduct in Bush's Justice Department. To hear the media and Alaska Republicans tell it, Stevens was pure as the driven snow and would have won yet another term were it not for being railroaded by bungling lawyers.

In reality, as Zachary Roth explained yesterday, "[N]o one disputes that Stevens accepted hundreds of thousands of dollars worth of home renovations and gifts (remember that massage chair?) from a supporter who had a slew of business interests that Stevens was in a position to affect as a powerful federal lawmaker and appropriator. That's what we call 'corrupt.'"

Stevens gets to walk, and under the circumstances, that's probably the right call. But this talk of a do-over election to preserve Stevens' "honor" is without foundation in reality.

Steve Benen 10:50 AM Permalink | Trackbacks | Comments (37)

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Comments

Is there nothing so utterly ludicrous that Sarah Palin won't say it if she thinks it will help her in the moment?

Posted by: shortstop on April 3, 2009 at 10:51 AM | PERMALINK

Someone is surprised that Sarah Bimbo continues to demonstrate her thoroughly original definition of the term "airheaded bimbo moron"???

Posted by: TCinLA on April 3, 2009 at 10:54 AM | PERMALINK

Begich explained that he began his campaign well before Stevens' legal troubles...

This is not strictly true. Begich launched his exploratory committee in February 2008; the FBI raided Stevens' house in August 2007.

Posted by: Grumpy on April 3, 2009 at 10:54 AM | PERMALINK

What about Don Siegelman, does this mean he gets a do over? These guys are just plain dumb.

Posted by: Jeremy on April 3, 2009 at 10:56 AM | PERMALINK

Let's not forget the it was the REPUBLICAN Justice Dept going after a REPUBLICAN Senator. It was a REPUBLICAN misconduct. Why should the REPUBLICAN's get a do over for their screwups?

Posted by: martin on April 3, 2009 at 10:57 AM | PERMALINK

Former Alaskan, recently in the State visiting family....


Stevens would indeed have won the election and would have a good shot at winning a do-over IF (and this is a mighty big IF) he could reclaim his much valued Appropriations Committee position.

Alaskans will elect anyone who is able to keep the pork dollars flowing into the State. Without those dollars, they might have to do something really horrible - like enact a sales tax or State income tax. Can't be having none of that.....

Posted by: ArtEclectic on April 3, 2009 at 10:58 AM | PERMALINK

Someone tell these idiots that under our systerm there's no such thing as being "found innocent", as they seem to think has happened here.

Posted by: tb on April 3, 2009 at 11:03 AM | PERMALINK

Alaskans will elect anyone who is able to keep the pork dollars flowing into the State.

Sad to say, I've come to this conclusion after reading the no-excuse-is-too-lame-for-us remarks made in defense of Stevens at various news sites and blogs. The number of "God bless Ted! He made Alaska!" and "I don't care what he did! He took care of us!" comments is revolting.

It's not so much that Alaska conservatives are insatiable pork hooverers who have no shame about their state getting massively more federal aid than it pays in federal dollars. It's that they simultaneously run around pretending they're bold and self-sufficient frontiersfolk who want nothing more than to live proudly free from government assistance. Uck.

Posted by: shortstop on April 3, 2009 at 11:06 AM | PERMALINK

I think a do-over would be a fine idea. Stevens is the quintessential clueless old Republican white dude, and as mentioned above has zero shot at being the pork king ever again. But the do-over would let us review once again how the Republicans operate when they're in power, and reminding people about that would be a good thing. Plus, stomping that corrupt old shitbag one more time would be fun.

Posted by: Racer X on April 3, 2009 at 11:09 AM | PERMALINK

Remember the do-over when the Bob Packwood story broke two weeks after he was re-elected? Yeah, me neither.

Posted by: Hyde on April 3, 2009 at 11:11 AM | PERMALINK

It's that they simultaneously run around pretending they're bold and self-sufficient frontiersfolk who want nothing more than to live proudly free from government assistance. Uck.

As a resident of WV, I cannot possibly imagine what you are talking about.

OTOH, it would be fun to see Stevens run against Palin and Murkowski in 2010. Do we go for crooked, dumb or legacy?

Posted by: Danp on April 3, 2009 at 11:12 AM | PERMALINK

What this case makes me wonder is how many other federal prosecutions are going to be overturned because the Bush administration thought your loyalty to the Republican Party was more important than how good a lawyer you were.

I'm guessing at least a hundred, and probably more, as they work their way through the courts.

Posted by: Mnemosyne on April 3, 2009 at 11:13 AM | PERMALINK

But this talk of a do-over election to preserve Stevens' "honor" is without foundation in reality.

Since the Alaska GOP has never been grounded in reality this is right in their wheelhouse.

Posted by: ckelly on April 3, 2009 at 11:17 AM | PERMALINK

Another creative piece of spin from the Alaskan right is "rogue Democratic prosecutor takes Uncle Ted down against wishes of helpless-to-intervene Bush AG."

They're having a little trouble being properly grateful for the Obama DOJ's commitment to justice and the rule of law in contrast to Justice under Bush. It's gotta smart, I'm sure.

Posted by: shortstop on April 3, 2009 at 11:18 AM | PERMALINK

Is it really worth keeping Alaska as a state? I mean, who needs this crap? Maybe Todd Palin had the right idea when he was a member of the Alaskan independence party. The worse that can happen is it becomes a client state of Russia, sort of like Belarus.

Hawaii, on the other hand, is definitely worth keeping. Make DC a state and we can keep it an even 50.

Posted by: g. powell on April 3, 2009 at 11:19 AM | PERMALINK

What a silly waste of everyone's time. There is no mechanism for a "do-over" election, so why even talk about it. Rethugs can whine and claim victimhood all they want. They lost. End of discussion.

This reminds me of my weaker students who often wanted a 'do-over' whenever they didn't like the score they got on an exam.

Posted by: rICH on April 3, 2009 at 11:22 AM | PERMALINK

The Republicans' detachment from reality grows with each passing day. Just several weeks ago the GOP Senate leadership demanded that Obama renominate a bunch of Bush's failed judicial nominees as "a show of bipartisanship." Likewise, it's only fair for Al Franken to agree to re-run the November election to give Coleman another shot. Now Begich is supposed to give up his seat and provide Stevens with a do-over.

The best way to think about this is just to ask onesself how the Republicans would respond were the situation reversed. No, wait. We already know the answer to that one.

Posted by: Django48 on April 3, 2009 at 11:28 AM | PERMALINK

The GOP has a long history of do-overs. There was Florida 2000, Minnesota 2008, and now AK.

Posted by: Hedley Lamarr on April 3, 2009 at 11:35 AM | PERMALINK

Between this and the Norm Coleman circus in Minnesota, you have to admit that repubs love democracy - until it doesn't serve their interests. At that point, all rules of democratic governance are gleefully tossed out the window.

Stevens and his repub cronies should be gracious enough to thank their lucky stars the guy isn't spending the rest of his life behind bars instead of whining for a mulligan.

Who will be the first wingnut to step up to the plate and insist that Stevens was a victim of the politization at the Bush DOJ? It's the only legitimate reason to ask for a do over. I'm sure there's a power hungry repub somewhere who is shameless enough to make the case. If Michelle Bachman wasn't so busy fighting global currency, this would be right up her alley.

Posted by: JoeW on April 3, 2009 at 11:44 AM | PERMALINK

Republicans want to keep redoing elections until they win. First, Minnesota. Now Alaska. It's just further evidence of how unequally intelligence is distributed among humanoids.

Posted by: HaroldinBuffalo on April 3, 2009 at 11:45 AM | PERMALINK

There is no mechanism for a "do-over" election, so why even talk about it.

The proposed "mechanism" is Begich voluntarily resigning. So since that isn't going to happen, I think the reason for talking about it is to try to portray Begich in a negative light (perhaps combined with some desperate hope that maybe it will gain some popular support and the pressure will force him to resign). However, I'm not sure how anyone who isn't already anti-Begich would view him negatively for not giving up a seat he won legitimately.

Posted by: ibid on April 3, 2009 at 11:49 AM | PERMALINK

His convictions were over-turned due to prosecuturial misconduct, right? So, that's not -- or should not be -- a ringing endorsement that he's not guilty.

It's a slightly similar situation for William Ayers, isn't it?

Posted by: zhak on April 3, 2009 at 11:51 AM | PERMALINK

So I know this sounds pretty conspiratorial, but the one thing that the Bush years has taught me, is that if you think its bad, its probably going to be worse. That said, I have a suspicion that the prosecutors trying the case, intentionally flubbed it. I have no proof and this is idle speculation, but boy, it sure wouldn't surprise me.

Posted by: Stooleo on April 3, 2009 at 11:53 AM | PERMALINK

In light of what's happened over the past 8 years, can we also have a do-over on Bush v. Gore?

Posted by: Ken in Tenn on April 3, 2009 at 11:54 AM | PERMALINK

If, we are throwing millions to the banks and auto industry, can't we find $7,200,000 to terminate Seward's Lease?

Posted by: berttheclock on April 3, 2009 at 11:55 AM | PERMALINK

This underscores the necessity of holding criminal trials for Cheney and company. People remember Clinton as criminal, but not Reagan because few of his administration ended up convicted for Iran-Contra.

Posted by: Sabo Pike on April 3, 2009 at 11:59 AM | PERMALINK

There were convictions in Iran-Contra. However, those idiotic Democratic Senators who thought they were playing lawyer, stupidly granted the request of "The Potted Plant" lawyer for Ollie to have immunity for his testimony. Thus, his conviction was overturned. Have not had any faith in Congressional Hearings since that debacle. Leave true lawyering to professionals, not some coifed politico who said he passed the bar years before.

Posted by: berttheclock on April 3, 2009 at 12:04 PM | PERMALINK

How about a trade. We agree to a do-over election, to be held right after Holder decides to reinstate the charges against Stevens?

Posted by: Seitz on April 3, 2009 at 12:18 PM | PERMALINK

berttheclock... It was a purchase, not a lease. But, for the record, the inflation-adjusted price (2 cents per acre in 1867 is 29 cents per acre now) is about $107 Billion.

Posted by: Grumpy on April 3, 2009 at 12:21 PM | PERMALINK

I can sort of see where they are coming from, if I squint hard enough. If you recall, in the New Mexico branch of the US Attorneys scandal, they were looking for someone who would indict Democratic politicians on flimsy charges. Then after they lost the election they would let the charges fall apart. Naturally we were outraged and we'd be a lot more outraged if they were actually successful.

Posted by: ArkPanda on April 3, 2009 at 12:47 PM | PERMALINK

Barbie is looking for another door of opportunity to squeeze through, but it was slammed in her face. Nice try loser.
I know this is saying a lot in the world of politics, but I can't remember a more shameless attention seeker who was so completely devoid of substance.

Posted by: Allan Snyder on April 3, 2009 at 12:50 PM | PERMALINK

My favorite part is the AK GOP whining about a "corrupt" DOJ! Yes, GOP, we couldn't agree more - the Bush DOJ was corrupt. Thanks for noticing.

Posted by: Stetson Kennedy on April 3, 2009 at 1:13 PM | PERMALINK

Naturally we were outraged and we'd be a lot more outraged if they were actually successful. - ArkPanda

Except that in this case it was Bush's DOJ that prosecuted Stevens, not some Dem appointees.

Posted by: Danp on April 3, 2009 at 1:20 PM | PERMALINK

Does anyone know if the Stevens prosecutors were graduates of Liberty University's law school?

Sarah Palin's Alaska just gets worse and worse - her attorney genral nominee is abhorent to Alaska Natives, and she's refusing to seat a Democrat in the Alaska Senate to replace Kim Elton (D-Juneau), who resigned to work for the Obama administration. I can't imagine what majority would elect her to anything in 2010.

By the way, Mark Begich isn't much of a Democrat - he seems to be out to prove that he can be as Republican in deed, votes, and direction as anyone form the other side of the aisle. I will work for anyone who opposes him in '14.

Posted by: ghillie on April 3, 2009 at 1:49 PM | PERMALINK

ghillie, what are you talking about!? She gave you a perfectly good Democrat of, what, two months' standing, and you guys ungratefully turned him down in one of your sekrit treasonous meetings behind closed doors.

Seriously, if the case law she's invoking in her uniquely garbled way stands for this appointment, doesn't it apply to several Republican legislators who were similarly appointed? I don't suppose that the queen and WAR have thought that through while they're jerking their knees in rage that Democrats dared to decline to fulfill Sarah's wishes on this appointment?

Posted by: shortstop on April 3, 2009 at 2:19 PM | PERMALINK

Given the prosecutorial misconduct, Attorney General Eric Holder did the right thing this week in dropping the federal case against former Sen. Ted Stevens (R) of Alaska.

Disagree. Just because the GWB DoJ was incompetent and corrupt* shouldn't mean that everyone prosecuted by them gets a get-out-of-jail-free card.

Retry the bastard.

*That's the beauty in being both corrupt and incompetent -- when you get accused of the former, you can always plead the latter.

Posted by: Disputo on April 3, 2009 at 2:48 PM | PERMALINK

The miscarriage of Justice that Holder should be focused on is "Don Siegleman"

That should have taken priority over Stevens' case because Stevens is still guilty regardless of the prosecutors screw-ups

but Siegleman is innocent despite the prosecutor's misconduct.

Why would Holder pick Stevens' case over Siegleman's?...it's unfair. Free Don Siegleman.

When was Stevens "shackled" hand and foot and put in solitary confinement with a gag order and transferred from prison to prison. When was Stevens' reelection stolen from him in the middle of the night? Yet Stevens prospered to the tune of $250,000 without having to return anything while Siegelman's legal expenses have left him nearly destitute.

This is the miscarriage of justice Holder should have been focused on...in the name of Justice...free Dopn Siegleman.

Posted by: bjobotts on April 3, 2009 at 7:52 PM | PERMALINK




 

 

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