CQ TODAY ONLINE NEWS
– LEGAL AFFAIRS
Oct. 27, 2008 – 8:27 p.m.
Sen. Stevens Found Guilty on All Seven Corruption Counts
By Kathleen Hunter, CQ Staff
A federal jury in Washington on Monday convicted Ted Stevens , a giant of Alaska politics and one of the Senate’s most influential members, on seven felony counts of lying on his financial disclosure forms.
The conviction is a blight on the 40-year career of the longest-serving Republican senator, and may thwart his efforts to win a seventh full term Nov. 4. But Stevens vowed to keep fighting in court and for his political future.
“I am innocent,” Stevens said in a statement issued by his campaign. “This verdict is the result of the unconscionable manner in which the Justice Department lawyers conducted this trial. I ask that Alaskans and my Senate colleagues stand with me as I pursue my rights. I remain a candidate for the United States Senate. I will come home on Wednesday and ask for your vote.”
Stevens was convicted of failing to report more than $250,000 worth of gifts from VECO, a now defunct oil-services company, its former chief executive, Bill Allen, and others. The government contended that Stevens engaged in a multiyear scheme to conceal the gifts, most of which came in the form of improvements to Stevens’ Girdwood, Alaska, home.
Each of the seven counts carries a maximum sentence of five years, but the actual sentence will be determined later, in part according to guidelines that push the maximum downward based on numerous variables, including whether it is a first offense.
U.S. District Judge Emmet G. Sullivan set a Feb. 25 hearing for post-trial motions but did not set a sentencing date.
“This has been a long and hard-fought trial,” Matthew Friedrich, acting assistant attorney general, said on the steps of the courthouse shortly after the verdict was returned.
None of the 12 jurors opted to speak to reporters after the verdict was read.
Stevens is only the fifth sitting senator ever convicted of a felony in federal court. It had been 27 years since a sitting senator stood trial on federal charges: Harrison A. Williams, D-N.J., in 1981.
His conviction is the most high-profile to date in a far-reaching Justice Department probe of corruption in Alaska politics which already has netted several state officials, lobbyists and corporate executives.
“This investigation continues as does our commitment to holding elected officials accountable when they violate our laws.” Friedrich said.
Political Future
The verdict could have a profound effect on Stevens’ re-election bid against Anchorage Mayor Mark Begich.
Sen. Stevens Found Guilty on All Seven Corruption Counts
Political experts predicted during the monthlong trial that Stevens, who had pulled even in most polls after trailing Democrat Begich by double digits immediately following the indictment, would have a much easier path to re-election if he was acquitted on one or more of the charges.
Although the verdict does not obligate Stevens to end his re-election bid or resign from the Senate, his colleagues can consider expelling him even if he is re-elected.
Given the timing of the verdict, barely a week before Election Day, the Senate Ethics Committee is unlikely to take action prior to Stevens facing voters. But some action could come during the Senate’s lame-duck session, slated for Nov. 17.
Stevens, who was temporarily replaced July 29 as the ranking Republican on the Commerce, Science and Transportation Committee, the Defense Appropriations Subcommittee and a Homeland Security and Governmental Affairs Subcommittee, now will permanently surrender those posts.
“This is a sad but serious day,” said Mitch McConnell of Kentucky, the Senate’s Republican leader. “Senator Stevens was found guilty by a jury of his peers, and now must face the consequences of those actions. As a result of his conviction, Senator Stevens will be held accountable so the public trust can be restored.”
Senate Majority Leader Harry Reid , D-Nev., called the verdict “a personal tragedy for our colleague Ted Stevens , but it is an important reminder that no man is above the law.”
“Senator Stevens must now respect the outcome of the judicial process and the dignity of the United States Senate,” Reid said without further elaboration.
Alaska’s other senator, Republican Lisa Murkowski , suggested flaws in the trial might help clear Stevens on appeal.
“Ted has asked for Alaskans and his Senate colleagues to stand with him as he pursues his legal rights,” Murkowski said. “He stood with Alaskans for 40 years, and I plan to continue to stand with him.”
Alaska Gov. Sarah Palin , the GOP’s vice presidential nominee, distanced herself from Stevens, saying the verdict “shines a light on the corrupting influence of the big oil-service company that was allowed to control” the state.
“That control was part of the culture of corruption I was elected to fight,” Palin added in a statement released through her gubernatorial office. “And that fight must always move forward regardless of party or seniority or even past service.”
Quick Verdict
A reconfigured jury took less than five hours to return the verdict against Stevens after an alternate replaced a juror who had fly to California because of a family emergency late last week.
Sen. Stevens Found Guilty on All Seven Corruption Counts
As the 12 filed back into the courtroom, they did not look toward the defense table.
Stevens sat, his eyes downcast, as the verdict was read in the packed but silent courtroom. There was a collective gasp when the first guilty verdict was returned.
Defense attorney Brendan V. Sullivan put his arm around the senator after the second “guilty” verdict was read.
Stevens’ wife, Catherine, sitting next to the senator’s daughter, Beth, listened from the front row, her lip trembling.
Later, as he was leaving the courtroom, Stevens patted his wife on the shoulder and said, “It’s not over yet.”
“You got that right,” she replied.
Catherine Stevens had been a central part of the defense, testifying that she — not the senator — handled the bills from turning their single-story A-frame chalet into a much larger house, with a new first floor addition, a third-floor balcony, two porches, a garage and a roof equipped with snow-melting features.
The Process
Although Stevens’ attorneys almost certainly will appeal, the process is likely to take months to unfold.
Stevens’ attorneys will have 10 days after the senator is sentenced to notify the court of whether they plan to appeal.
Their post-trial motions will provide clues to the arguments the defense would make on appeal, and Brendan Sullivan likely tipped his hand during his closing argument when he accused the government of putting forth a “twisted” interpretation of the evidence.
Another issue that is likely to resurface on appeal is the mishandling of a key witness: a former VECO employee who was sent back to Alaska by prosecutors without notifying defense attorneys, who had subpoenaed him, or the court.
Defense attorneys also are likely to cite the prosecution’s failure to turn over exculpatory evidence to Stevens in a timely manner, a misstep that prompted the judge to toss out several pieces of evidence.
Sen. Stevens Found Guilty on All Seven Corruption Counts
Stevens’ lawyers also could petition President Bush for a pardon before he leaves office in January.
“If I was working for the Federal Bureau of Prisons, I wouldn’t be reserving a cell for Senator Stevens,” said Ohio State University law professor Douglas A. Berman. “We’re a long way before Senator Stevens has to start getting his personal affairs in order.”
Juror Replaced
The jury, which encountered numerous problems in the opening days of its deliberations, returned a surprisingly quick verdict after the judge opted late Sunday to replace one of the 12 original jurors.
On Monday, he seated the alternate and told jurors — who already spent two days deliberating — to start over, but let them decide what that would mean.
The jury was composed of eight women and four men, and included a third-grade teacher, a hospital operations clerk, a woman who compiles statistical data on wiretapped conversation for the federal government, a trade association receptionist and an employee at the Newseum’s gift shop. Two women who recently had experiences with home renovations also were among the jurors.
Stevens had tried unsuccessfully to have the trial moved to Alaska, where he is known affectionately as “Uncle Ted.”
A Note from the Jury
It was clear early in the day that the jury was focused on details. Shortly before noon, jurors sent a note observing that Stevens checked “yes” when asked on his 2001 disclosure form whether he received any gifts that needed to be reported but that the indictment indicated he answered “no” to that question.
“These documents do not correspond,” the jury wrote. “What do we do?”
Prosecutors argued during the trial that Stevens disclosed some of the gifts he received that year but intentionally omitted others.
“This jury is very perceptive,” the judge said. “They aren’t missing anything.”
Leah Nylen, Jonathan Allen, Rachel Kapochunas and Greg Giroux contributed to this story.




Comments
Stevens won't spend a day in jail and he won't leave the Senate. This verdict will be overturned on appeal, or Bush will pardon him. Stevens' arrogance and sense of entitlement is such that he never for a moment believed he'd be held accountable for his crimes, which is understandable since he's been getting away with them for decades. He never took this trial seriously. Now that he knows he's on thin ice, the pressure he will bring to bear on the appeals process will be immense. P.S. As far as the Senate, Stevens and his colleagues have been careful to ensure that they cannot be disqualified from serving in Congress because of a felony conviction. He can continue to serve. He ain't going nowhere.
That "bridge to nowhere" in Alaska is leading somewhere after all -- STRAIGHT TO PRISON for Ted Stevens! OsiSpeaks.com
They (GOP Senate Conference) should have let Stevens resign when he threatened to if the "Bridge To Nowhere" was removed from the spending bill by Sen. Coburn's amendment. This seat wouldn't be in play now for the Dems (Now it's not in play for the GOP). However, ole Uncle Ted doesn't have to worry about going to jail. Bush will certainly pardon him along with others. Afterall, Clinton set the standard for that, with the only difference being that Bush didn't get any payoffs (Yet?).
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