W&C, counsel for the late senator during the proseuction, had the following statement. (h/t: White Collar Crime Prof Blog)
STATEMENT OF WILLIAMS & CONNOLLY LLP
COUNSEL FOR SENATOR TED STEVENS
Today the Department of Justice demonstrated conclusively that it is not capable of disciplining its prosecutors. Apparently, prosecutors can violate the Constitution, deny the defendant exculpatory evidence demonstrating innocence, and introduce perjured testimony without any fear that they will be
punished. Prosecutors orchestrated a miscarriage of justice in Senator Stevens’ case that caused the Attorney General of the United States to order the case dismissed. Trial Judge Emmet Sullivan declared that the misconduct was the worst he had encountered in 25 years on the bench. The misconduct caused a jury to render an illegal verdict, which in turn resulted in the loss of Senator Stevens’ re-election bid. And, the balance of power shifted in the United States Senate. The punishment imposed is laughable. It is pathetic. No reasonable person could conclude that a mere suspension of 40 and 15 days for two of the prosecutors is sufficient punishment for the wrongdoing found in the report.
UPDATE: More from The Hill.
The DOJ should not be the final arbiter of attorney discipline. Just like the rest of the Bar, federal prosecutors who commit ethical violations should be subject, first and foremost, to discipline by the appropriate State bar. Where are the disciplinary authorities?
Posted by: Dan Abrams | May 25, 2012 at 11:27 AM