Judge Enters Sua Sponte Orders in Ted Stevens Case

By Jeralyn, Section Corruption Cases
Posted on Sun Apr 05, 2009 at 10:08:18 PM EST
Tags: Ted Stevens (all tags)

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Former Alaska Senator Ted Stevens' criminal conviction is history, but the Judge is still going. Today (yes on Sunday) Judge Emmett Sullivan entered two orders (available on PACER):

MINUTE ORDER as to THEODORE F. STEVENS. The Court, sua sponte, directs that by no later than 10:00 a.m. on April 6, 2009, the government shall provide to the Court copies of all material gathered post-trial and produced to the defendant. The government shall also provide to the Court all exculpatory evidence, witness interviews, 302s, and affidavits gathered, created and/or reviewed as part of the investigation into the Joy Complaint, and the attorneys notes regarding the April 15, 2008 interview with Bill Allen, whether or not that material has been produced to the defendant. Signed by Judge Emmet G. Sullivan on April 5, 2009. (AS) (Entered: 04/05/2009)

[More...]

and,

04/05/2009 MINUTE ORDER as to THEODORE F. STEVENS. The Court, sua sponte, ORDERS that the Department of Justice, the Federal Bureau of Investigation, the Internal Revenue Service, and any and all other government agencies involved in the investigation and/or prosecution of Senator Stevens immediately preserve any and all documents related to this matter, including but not limited to emails, notes, memoranda, investigative files, audio recordings, and any and all electronically stored information, until further Order of this Court. Signed by Judge Emmet G. Sullivan on April 5, 2009. (AS) (Entered: 04/05/2009)

White Collar Crime Blog says:

Gosh, wouldn't this all be simpler if we just went to videotaping all interviews. In this technology age it sure would help to have everything on playback.

Update: The Washington Post reports on today's orders here:

The judge is expected to grant the government's motion to dismiss the case, but legal experts said the order signals that Sullivan may not let the misconduct allegations drop. He can levy various sanctions, including a fine and jail time, against prosecutors if he concludes they intentionally violated evidentiary rules.

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Judge Enters Sua Sponte Orders in Ted Stevens Case | 3 comments (3 topical)

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Are you sure about the dismissal? (none / 0) (#1)
by Mitch Guthman on Sun Apr 05, 2009 at 10:36:04 PM EST

Are you sure that the judge has actually granted the motion to dismiss? If yes, then this is really extremely bad for the government. I've never seen or heard of anything like this, but if I were a DOJ lawyer on this case I'd be very, very worried. And maybe that includes the new people, too.

On the other hand, if he hasn't granted the motion, maybe he isn't going to?

This is very strange. Any speculation on what it means? Anybody seen similar orders in other cases and, if so, under what circumstance and with what result?

: He will soon (none / 0) (#3)
by Jeralyn on Mon Apr 06, 2009 at 12:13:59 AM EST

I think the Washington Post gets it right, as I put in an update;

The judge is expected to grant the government's motion to dismiss the case, but legal experts said the order signals that Sullivan may not let the misconduct allegations drop. He can levy various sanctions, including a fine and jail time, against prosecutors if he concludes they intentionally violated evidentiary rules.

Now there's a decisive guy, (none / 0) (#2)
by NYShooter on Sun Apr 05, 2009 at 11:15:01 PM EST

If we could only channel Judge Sullivan to Pres. Obama and the banksters.

That man don't fool around...Da Bing, Da Bang, Da Boom!