Ted Stevens' Reversal of Fortune

By: Andrew Cohen
Topics: Domestic Issues

(AP Photo/Gerald Herbert)

Former Senator Ted Stevens (R-Alaska) benefitted this morning from the exquisite timing of perennial politics. His corruption case didn't fall between the cracks of the Bush and Obama Administrations so much as it bridged the legal and partisan gulf between what the old regime did and what the new regime wants to do when it comes to professionalism at the Federal Bureau of Investigation and the Justice Department.

On Wednesday, Attorney General Eric Holder himself declared that he had reviewed the record of the Stevens' case and was not willing or able to continue to defend it in court against allegations that government lawyers and investigators improperly withheld evidence from the Stevens' defense team—and even apparently fabricated evidence that was shown to jurors! As a result, the old pol's conviction melts away, his looming date with a federal prison cell gets scratched from the schedule, and he will forever be able to argue to his fans and family and friends that he was railroaded.

The Bush Administration had "successfully" prosecuted Stevens last fall on charges that he had failed to properly report gifts given to him by a lobbyist. And then for months afterward the government had defended the jury's verdicts against efforts from Stevens' attorneys to get a new trial. It's a dynamic that happens all the time in criminal cases—our law books are filled with decisions about the constitutional rule that requires prosecutors to turn over to defense attorneys any evidence that could potentially exculpate their client.

Usually, the government wins the close cases in this area of the law. And even when the feds lose it takes years and years for the courts to decide what's right and what's wrong and who gets a new trial. Had the Obama Administration chosen to fight Stevens' move for a new trial the matter would have been tied up in the courts for a year or two longer even though the government itself now has admitted that it is finding new evidence now that Stevens' trial was unfair and improper.

A drawn-out court battle didn't happen here for one very obvious reason. Between Stevens' conviction last year, and his scheduled sentencing later this year, the Justice Department changed hands. Because Holder owes little fealty to Bush-era decisions at Justice—indeed, because he has taken strong steps to separate himself from some of the worst policies and practices of his predecessors—the move to dismiss Stevens' convictions is both a political no-brainer and a legal necessity. It was the right thing to do on many different levels.

Stevens wins by freeing himself from the possibility of prison. Holder wins by appearing as a reasoned leader capable of showing integrity and ethics in helping even a Republican politician avoid an unfair prison sentence. The Justice Department wins by ridding itself of the shame of trying to defend the indefensible in court. And the criminal justice system wins by the disclosure of yet another reminder that cheating government lawyers sometimes get caught. There is no need for outrage. The process was messy but the end result was true.

(CBS)
Andrew Cohen is CBS News Chief Legal Analyst and Legal Editor. You can read more of his posts in Hotsheet here.

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by keithoue April 8, 2009 12:51 AM EDT: I wish people would remember that the attorney general is not the only person in the justice department. It is full of life time employees with a lot of power. It is so big it would be impossible for the top man to always know what is going on. If it looked like stevens may have been corrupt then an investigation was in order but no administration would ever know if it was handled correctly. If it wasn't for an fbi whistle blower then holder wouldn't have done anything. The fact is he had little choice.

Fear the power of the government no matter what side you think you are on.; Reply to this comment


by mjvwsr April 2, 2009 11:06 AM EDT: It's fantastic that the Justice Dept. is now being run by a man who bases his decisions on the law, and on common sense, rather than on politics.
Posted by raflin1

I agree. Now if we could just get the rest of the administration to pay attention to that pesky little document known as the Constitution.; Reply to this comment


by johndevinejr April 2, 2009 10:44 AM EDT: seriously if any 9/11 survivors would be proud of your self righteous screw anybody attitude.
Posted by ainttaken at 6:42 PM : Apr 1, 2009

There is absolutely no way to talk to a republican. They have beliefs that will not be altered by facts.

The most important thing we can do is keep them out of power.; Reply to this comment


by briannorwood April 2, 2009 9:19 AM EDT: This was democratic congress on the witch hunt and it
backfired lets see were it go's But with holder in charge
it will end under the rug only to be found later
Posted by bumpedoff1

----

Hey ********, Stevens was prosecuted by Alberto Gonzolez's justice department (I'll assume you don't know who he was so I'll tell you he was Bush's Attorney General). The prosecutors were Bush appointees.

You can thank the class of Holder (again, since you probably don't know him either, he is Obama's Attorney General) to recognize the injustice apparently cast upon Sen. Stevens and to correct it.

Try reading a little before you write.; Reply to this comment


by bumpedoff1 April 2, 2009 7:36 AM EDT: This was democratic congress on the witch hunt and it
backfired lets see were it go's But with holder in charge
it will end under the rug only to be found later; Reply to this comment


by janareader April 1, 2009 11:28 PM EDT: Tsk tsk what language...get your blinders off... it is quite clear the Bush Admin. allowed the Justice Dept. to corrupt this case against Stevens who we know is clearly in the wrong... but hey... he lost his seat .. there's the punishment.. Now let the Obama admin. do their job and clear the road for honesty and justice this great land of ours deserves. God knows we need it after what we have been through the last eight years.; Reply to this comment


by samael2014 April 1, 2009 11:11 PM EDT: well, I'm not sure where the Department of Justice can even SUGGEST that this conviction can be overturned without Ted Stevens vs the American people going through due process of law. If Ted Stevens wants to appeal the conviction, than that is HIS ONLY RECOURSE, IF DUE PROCESS of law and equal protection statutes are upheld by the department of justice and the U.S. courts. The Department of Justice should investigate the actions of both the FBI and the attorney's in this case, because it's probably equally likely that they colluded and/or conspired to get an acquittal on behalf of the powerful and influential Ted Stevens. However the Department of Justice has no recourse than to serve justice, by allowing the courts to warrant a retrial, and preparing it's case again pending a successful appeal by Ted Stevens. There is NO FREAKING WAY that the Department of Justice can overturn this conviction in the service of due process, the U.S. Constitution and justice for all involved, including the American taxpayer, U.S. citizens and Ted Stevens.

I've e-mailed the department of justice about this to remind them about rule of law and due process.

I agree absolutely about Andrew Cohen. Why the F**K CBSnews doesn't get rid of this JACKASS who doesn't really respect our legal system and treats rule of law like a legal holiday depending on who's involved to hide his incompetence in understanding the U.S. Constitution or the obligations of the Department of Justice, is a real interesting discussion about the what really constitutes free press and the integrity of it.; Reply to this comment


by p_syrus April 1, 2009 9:56 PM EDT: What planet do you live on, Cohen! The Senate seat was lost to a scam......

Posted by opedanderson

Blame the Bushies. They are the ones responsible for the faulty prosecution. :-); Reply to this comment


by schotzy81 April 1, 2009 9:54 PM EDT: Oh please. They smeared a Republican senator days before an election and you want to try to portray this as an example of Obama's piety?

Do some investigative journalism on the prosecutors. Let's see what their political leanings were.; Reply to this comment


by opedanderson April 1, 2009 9:34 PM EDT: Everybody wins?????

What planet do you live on, Cohen! The Senate seat was lost to a scam......

You may as well say that everybody wins in the Madoff Scam since the economy tanked and he was exposed......; Reply to this comment