Wednesday, April 1, 2009

NEW DAY FOR THE DOJ?

I've had a lot of issues with the Department of Justice over the last few years. I have disagreed with their handling of many issues. Under Alberto Gonzales, the department began to use social/political criteria when hiring staff. This led to a lot of people who all had similar ideologies but sometimes were a little short on competence. The trial of Alaskan Senator Ted Stevens is a perfect example of what happens when the DOJ is more concerned about your "liberal leanings" than the quality of your legal briefs.

Last year, Sen. Ted Stevens (R-Alaska) was convicted of seven counts of lying on a Senate disclosure form regarding gifts. There are very strict limits on the value of gifts that can be offered to government representatives and their staff. (Recently Presidential Spokesman Gibbs returned several radios to members of the press who had been told he had no radio in his office. The reason they were returned is because he is limited to accepting gifts with a value of under $20!) Sen. Stevens accepted over $250,000.00 in gifts & home repairs from an Alaskan oilman.

His conviction has been under considerable scrutiny due to "prosecutorial misconduct". No one (other than Sen. Stevens and his attorneys) has questioned his guilt. But many, including the presiding judge, have commented on the many prosecutorial missteps that occured during the trial. These problems were so severe that the judge held the government prosecutors in contempt. The Bush DOJ had to replace the entire team in the middle of the trial. After the conviction, defense attorneys immediately filed an appeal based not on his innocence but on prosecutorial procedural issues. (If Stevens had raped a woman, this would be the equivilent of his being released because the police didn't get the proper warrent to obtain DNA. It's an outrage when that happens....and it's an outrage that Stevens gets a pass because the prosecution didn't dot thier i's and cross thier t's. BUT IT IS WHAT THE LAW REQUIRES.)

Today, Attorney General Holder has dropped all charges. He based his decision on three factors: 1) Prosecutorial missteps 2) The age of the defendent (84) 3) And the fact that Ted Stevens is no longer serving in the Senate where he could repeat his crimes. Liberals will be offended by this decision, but to me it looks like the first steps toward re-making the DOJ into a non-political part of the government!

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