Judge Emmet Sullivan and the Ted Stevens case
This history of that case tells us that the best is yet to come in the Flynn case. There Sullivan literally went after the prosecutors rather than merely exonerating Stevens which he did. A precursor of what is to come.
On April 7, 2009, Judge Emmet G. Sullivan of the United States District Court for the District of Columbia unleashed his fury before a packed courtroom. For 14 minutes, he scolded. He chastised. He fumed. “In nearly 25 years on the bench,” he said, “I’ve never seen anything approaching the mishandling and misconduct that I’ve seen in this case.”
It was the culmination of a disastrous prosecution: the public corruption case against former U.S. Senator Ted Stevens (R-AK).
Stevens was convicted in October 2008 of violating federal ethics laws by failing to report thousands of dollars in gifts he received from friends. But a team of prosecutors from the U.S. Department of Justice is accused of failing to hand over key exculpatory evidence and knowingly presenting false evidence to the jury.
The Stevens case is a cautionary tale. It reminds lawyers and nonlawyers alike of the power and failures of our legal system and those who have sworn to uphold the rule of law. At the center of the story are real people: an old and powerful politician, a crack defense team, determined prosecutors, and their supervisors.
“This is a fascinating case study for all lawyers,” says criminal defense lawyer Stanley M. Brand, a partner at Brand Law Group, P.C. “In these high-stakes cases, both sides can get pretty aggressive and push the envelope. It’s great to be aggressive—it’s great to push, but this case reminds people that they have to observe the limits and the rules.”
For months Judge Sullivan had warned U.S. prosecutors about their repeated failure to turn over evidence. Then, after the jury convicted Stevens, the Justice Department discovered previously unrevealed evidence. Meanwhile, a prosecution witness and an agent from the Federal Bureau of Investigation (FBI) came forward alleging prosecutorial misconduct. Finally, newly appointed U.S. Attorney General Eric H. Holder Jr. announced that he had had enough and recommended that the seven-count conviction against the former Alaska senator be dismissed.
On April 7, Judge Sullivan did just that. But he was far from done.
In an extraordinarily rare move, he ordered an inquiry into the prosecutors’ handling of the case. Judge Sullivan insisted that the misconduct allegations were “too serious and too numerous” to be left to an internal Justice Department investigation. He appointed Washington lawyer Henry F. Schuelke III of Janis, Schuelke & Wechsler to investigate whether members of the trial team should be prosecuted for criminal contempt.
“It’s obviously a serious and not-everyday occurrence for a judge to sic an independent counsel on prosecutors,” Brand says. “It’s an auger for the Justice Department. This judge’s tolerance was pushed to the limit, and prosecutors are not going to just go on their merry way. When judges do things like this, it tends to rattle the system a bit.”
With two investigations pending—one court-appointed, the other conducted by the Justice Department’s Office of Professional Responsibility—Justice Department officials say they are reviewing current discovery practices and retraining lawyers on their discovery obligations. It remains to be seen what consequences, if any, the prosecutors in this case will face.
“If all of our lives and careers were defined by our mistakes, nobody would have a job, so you hate to think that one mistake—even if it happens to be a highly publicized one—would damage someone’s career,” says Michael E. O’Neill, an associate professor who specializes in criminal law, criminal procedure, and constitutional law at George Mason University School of Law. “That said, prosecutors have to be absolutely fair and above board to ensure that justice is done.”
Brendan V. Sullivan Jr., Stevens’ defense lawyer and a senior partner at Williams & Connolly LLP, described the misconduct of prosecutors as “stunning.” He says the case is a sad story and a warning to everyone that any citizen can be convicted “if prosecutors are hell-bent on ignoring the Constitution and willing to present false evidence.”
On April 7, 2009, Judge Emmet G. Sullivan of the United States District Court for the District of Columbia unleashed his fury before a packed courtroom. For 14 minutes, he scolded. He chastised. He fumed. “In nearly 25 years on the bench,” he said, “I’ve never seen anything approaching the mishandling and misconduct that I’ve seen in this case.”
It was the culmination of a disastrous prosecution: the public corruption case against former U.S. Senator Ted Stevens (R-AK).
Stevens was convicted in October 2008 of violating federal ethics laws by failing to report thousands of dollars in gifts he received from friends. But a team of prosecutors from the U.S. Department of Justice is accused of failing to hand over key exculpatory evidence and knowingly presenting false evidence to the jury.
The Stevens case is a cautionary tale. It reminds lawyers and nonlawyers alike of the power and failures of our legal system and those who have sworn to uphold the rule of law. At the center of the story are real people: an old and powerful politician, a crack defense team, determined prosecutors, and their supervisors.
“This is a fascinating case study for all lawyers,” says criminal defense lawyer Stanley M. Brand, a partner at Brand Law Group, P.C. “In these high-stakes cases, both sides can get pretty aggressive and push the envelope. It’s great to be aggressive—it’s great to push, but this case reminds people that they have to observe the limits and the rules.”
For months Judge Sullivan had warned U.S. prosecutors about their repeated failure to turn over evidence. Then, after the jury convicted Stevens, the Justice Department discovered previously unrevealed evidence. Meanwhile, a prosecution witness and an agent from the Federal Bureau of Investigation (FBI) came forward alleging prosecutorial misconduct. Finally, newly appointed U.S. Attorney General Eric H. Holder Jr. announced that he had had enough and recommended that the seven-count conviction against the former Alaska senator be dismissed.
On April 7, Judge Sullivan did just that. But he was far from done.
In an extraordinarily rare move, he ordered an inquiry into the prosecutors’ handling of the case. Judge Sullivan insisted that the misconduct allegations were “too serious and too numerous” to be left to an internal Justice Department investigation. He appointed Washington lawyer Henry F. Schuelke III of Janis, Schuelke & Wechsler to investigate whether members of the trial team should be prosecuted for criminal contempt.
“It’s obviously a serious and not-everyday occurrence for a judge to sic an independent counsel on prosecutors,” Brand says. “It’s an auger for the Justice Department. This judge’s tolerance was pushed to the limit, and prosecutors are not going to just go on their merry way. When judges do things like this, it tends to rattle the system a bit.”
With two investigations pending—one court-appointed, the other conducted by the Justice Department’s Office of Professional Responsibility—Justice Department officials say they are reviewing current discovery practices and retraining lawyers on their discovery obligations. It remains to be seen what consequences, if any, the prosecutors in this case will face.
“If all of our lives and careers were defined by our mistakes, nobody would have a job, so you hate to think that one mistake—even if it happens to be a highly publicized one—would damage someone’s career,” says Michael E. O’Neill, an associate professor who specializes in criminal law, criminal procedure, and constitutional law at George Mason University School of Law. “That said, prosecutors have to be absolutely fair and above board to ensure that justice is done.”
Brendan V. Sullivan Jr., Stevens’ defense lawyer and a senior partner at Williams & Connolly LLP, described the misconduct of prosecutors as “stunning.” He says the case is a sad story and a warning to everyone that any citizen can be convicted “if prosecutors are hell-bent on ignoring the Constitution and willing to present false evidence.”
61-69, M
