Editore"s Note
Tilting at Windmills

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April 12, 2009

'INNOCENCE' IS RELATIVE.... There are two key angles to keep in mind when it comes to former Alaska Sen. Ted Stevens' (R) recent legal developments. One, the prosecutorial misconduct in Stevens' trial was egregious and unacceptable, and the Justice Department was right to dismiss the charges. Two, the prosecutors' wrongdoing doesn't change the fact that Stevens still appears to be very, very guilty.

There's been a bizarre push of late -- in Republican circles and among political reporters -- that Stevens has somehow been exonerated. In one particularly egregious example, MSNBC's Chris Matthews concluded, "[T]he charges should never have been brought, there should never have been a prosecution."

That's nonsense. To its credit, the New York Times does a nice job today pushing back against the notion that Stevens should suddenly be seen as pure as the driven Alaskan snow.

When a federal trial judge tossed out the ethics conviction of former Senator Ted Stevens last week, his lawyers promulgated the story of an innocent man victimized by unscrupulous prosecutors.

But the five-week trial of Mr. Stevens offered a different version of him, and only a discrete part of that was directly affected by the discovery of repeated instances of prosecutorial misconduct.

The disclosures that prosecutors had withheld information from the defense did little to erase much of the evidence that Mr. Stevens, who had been a powerful and admired political figure in Alaska, regularly and willingly accepted valuable gifts from friends and favor-seekers that he did not report.

Stevens chief lawyer said his client "is innocent of the charges as if they had never been brought."

But there's more to it than that, and the available evidence points to clear wrongdoing. Indeed, the NYT spoke to two of the jurors involved with Stevens' trial, and both agreed that the prosecutors' misconduct did not, in their view, point to Stevens' innocence.

In fact, two jurors have said that the dismissal of the case because of the prosecutors' actions did not make Mr. Stevens innocent in their view. As one put it, "The only thing this proves is that the prosecution messed everything up."

The irony is, if the prosecutors had stuck to the rules and played it straight, they probably would have won their conviction anyway.

Zachary Roth noted the other day a series of media reports "painting an overall portrait of Stevens as an innocent, unfairly victimized by an overzealous government." That's simply not what happened. Kudos to the Times for pushing back against the misleading conventional wisdom.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (17)
 
Comments

Innocent...just like OJ.

Posted by: ATL on April 12, 2009 at 8:03 AM | PERMALINK

Yup.

Conservatives are believers in nothing if not fair trials.

Why, I can´t even remember the last time I heard a conservative complain about criminals getting off on technicalities.

Posted by: inkadu on April 12, 2009 at 8:11 AM | PERMALINK

Ya gotta love these cretins.
They pursue Whitewater for years, finding nothing. YEARS! But he HAD to guilty!!! They just knew he was!
Look! A soiled dress!
SEE! We told you he was guilty!!!

Posted by: c u n d gulag on April 12, 2009 at 8:32 AM | PERMALINK

I had heard early on some rumblings that the prosecutor misconduct was 'gamed' to ensure subsequent clearing of charges against Stevens. That the prosecutors deliberately mangled things so that the man would go free; they, having been Bush administration minions, did this on purpose. Has anything come of that? Could anything come of that?

I suppose this is another instance of 'we'll never know for sure.' Sorry, but after 8 long years my conspiracy hat has had much use, and it has not always been wrong...

Posted by: terraformer on April 12, 2009 at 8:43 AM | PERMALINK

Ollie North also had a conviction thrown out on a technicality. Now he's a Republican hero. Cap Weinberger had the decency to disappear. And Gordon Liddy is a Rep hero despite a conviction and jail time.

Posted by: Danp on April 12, 2009 at 8:49 AM | PERMALINK

So sayeth the Republicans, Our reality not yours dutifully repeated by the "liberal" press . He was dirty and nothing can change that.

Posted by: John R on April 12, 2009 at 9:43 AM | PERMALINK

When Duke Cunningham comes marching home, again, hurrah, hurrah, when the Dukester comes back home, again, hurrah, hurrah.

Ummm, that slight technicality for Ollie was due to the huge ego driven mistake of Democratic Senators, who had once passed the Bar and thought that qualified them to be trial lawyers, to give immunity to Ollie for his testimony and never taking his deposition prior to that blunder. But, yes, the wingers do think of Ollie as a hero.

Posted by: berttheclock on April 12, 2009 at 10:01 AM | PERMALINK

The justice system only works for the rich and connected. So This scumbag walks for something close to 100k people are rotting in jail for (Prosecutorial misconduct), and we're supposed to be okay with it because it was the right thing?

Fuck that, what about all the little people for whom justice could have fucking cared less about the 'law' or 'what's right'?

I hope someone murders this guy in their beds, and holder with him.

Posted by: soullite on April 12, 2009 at 10:18 AM | PERMALINK

Hey, Terraformer --

Yeah, I rememer the same thing. When it was first announced that the Justice Dept. had decided to drop charges against Stevens after he already had been convicted my first thought was, "What the hell?"

Then I listened to the explanation and I thought: "Oh, yeah, I remember that. There was so much sheer excess of prosecutorial misconduct it looked to some people -- including me -- that maybe the politicized Justice Dept. was actively working for a mistrial/throwing out of charges."

I understand now that the judge who presided over the trial is looking into an investigation of this misconduct. Hopefully they'll go far enought to find out if this was the premeditated "gamed" scenario you reference.

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

I do wonder why so many pundits manage to avoid mentioning that the Bush Justice Dept did all this, and that Holder went about as far as he could in saying that they'd messed up badly. Watch as HE gets blamed for the misconduct.

Bush has vanished. There was a whole long Time cover story about the economic crisis and the moral implications therein, and I don't think it once mentioned Bush. It's like the press has decided to draw the curtain on him, and pretend en masse that there was a Democratic president in 2000, then a big time travel to the election in 2008.

Posted by: petronia on April 12, 2009 at 11:33 AM | PERMALINK

soullite -- you might want to ratchet yourself back a little bit. advocating murder is not appropriate under any circumstances. but it seems especially stupid in conjunction with your complaint that the justice system doesn't work. are you also advocating that everyone should ignore the courts and seek their own justice personally in every case?

and it's odd that you would include both holder and stevens, your gripe seems to be with the justice department. so what did stevens do that he should be murdered?

and do you really suggest that federal officials should be murdered because the world is imperfect, and name particularly one who has made an attempt to address it in one instance?

how does that help "the little people"?

advocating murder is not a rational response, nor a moral one.

Posted by: ksren marie on April 12, 2009 at 11:59 AM | PERMALINK

When republicans are prosecuting republicans, especially in the bush doj, I have to wonder if prosecutorial conduct wasn't purposeful. No wonder bush didn't pardon him.

Posted by: CDW on April 12, 2009 at 12:39 PM | PERMALINK

Why are the Republicans so soft on crime?

Also, why don't they understand the difference between "innocent" and "not guilty"?

Posted by: Tree on April 12, 2009 at 1:02 PM | PERMALINK

The Bush/Rove owned and operated DOJ screws up prosecuting a guilty-as-hell prominent Republican Senator so bad that they have to let him go.

I'm SHOCKED, just SHOCKED!

NOT!

Posted by: Glen on April 12, 2009 at 1:47 PM | PERMALINK

Hey Steve,

you hear the voice of the people here? They smell a rat. How about a little investigative reporting here?

Who were the prosecutors? Whatt are their political affiliations? Their experience level? Does it appear that they deliberately threw the case or were they just too inexperienced/incompetent to do it right? And, are they still employed by the DOJ?

We want to know.

Posted by: sidewinder on April 12, 2009 at 2:21 PM | PERMALINK
pushing back against the misleading conventional wisdom

That would imply there is wisdom and intelligence involved.

Corrected: pushing back against the misleading conventional stupidity

Posted by: bruno on April 12, 2009 at 3:44 PM | PERMALINK

Got off on a technicality and that proves his innocence??? Just the kind of mental giants I want legislating our laws. The Rove approach. (Sooner or later he'll pay for Mike McConnell's tragic death.) No matter how they buff this Steven's turd so it doesn't smell as bad he's still been exposed for a corrupt long term briber.

btw...our conversations have sunk to such a level because there really is noway to communicate with the lunacy that has become the republican party whose repre4sentatives are Beck,Steele, Rush, Hannity Boehner, Bachmann and a host of other looneys. The party of selfishness and greed, hypocrisy and corporatism. The anti-government party even when the government is we the people.

The question is now: Can Democracy survive the republicans?

Posted by: bjobotts on April 12, 2009 at 8:06 PM | PERMALINK




 

 
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