Legal Commentary

Two More Republicans Benefit From DOJ Misconduct

By TChris

Two more Republican legislators are benefiting from Attorney General Eric Holder's commitment to fairness. A couple of months ago, Holder asked a federal court to dismiss the charges against Ted Stevens after Holder concluded that prosecutors withheld evidence that should have been disclosed to the defense before or during Stevens' trial. On Thursday, Holder announced that two Alaska state legislators convicted of public corruption were similarly victimized by federal prosecutors who failed to disclose exculpatory evidence.

The Justice Department asked the court of appeals to order Pete Kott and Vic Kohring released from prison pending a district court review of their convictions. Unless the withheld evidence clearly establishes the legislators' innocence, DOJ prosecutors probably won't ask the court to dismiss their indictments, as Holder did in Stevens' case. It's more likely the two men will be given a new (and hopefully fair) trial.

While Holder should be applauded for his vigilance in correcting the injustices that tainted the trials of Republicans in Alaska, the question remains: Why won't Holder take a hard look at DOJ's politically motivated prosecution of Don Siegelman?

Full post as published by TalkLeft on June 07, 2009 (boomark / email).