CQ TODAY ONLINE NEWS
– LEGAL AFFAIRS
Updated Oct. 30, 2008 – 4:37 p.m.
Does Stevens Still Get Paid? CQ’s Q-and-A on Senator’s Corruption Conviction
By Kathleen Hunter, CQ Staff
Sen. Ted Stevens , R-Alaska, on Monday was convicted of seven counts related to allegations that he concealed free house renovations and other gifts that senators are required by law (PL 95-521) to report annually.
Q: Will Stevens be able to vote for himself on Nov. 4?
A: Probably, but a court could ultimately decide. Because he hasn’t been sentenced yet, Stevens is eligible to vote in the upcoming elections, according to an Oct. 29 ruling from the Alaska State Department of Law. But state officials suggested that Stevens’ right to have his ballot counted could be challenged in court. Alaska law strips felons of their voting rights when they are convicted of crimes involving “moral turpitude.” and the state has determined that making false statements qualifies. But state lawyers ruled that sentencing, not a jury verdict, “probably” triggers the loss of voting rights, based on past case law in Alaska and other western states. “Accordingly, we think Sen. Stevens should not be barred from voting ... until a final judgment and sentence has been entered by the federal court in his case,” Michael Barnhill, the state’s senior Assistant Attorney General wrote in the memo. But the issue could be far from resolved. “Given the high profile nature of this issue, this conclusion may be challenged in court. If a legal challenge is mounted prior to Sen. Stevens casting his ballot, the Division of Elections should provide Sen. Stevens with a questioned ballot,” Barnhill added.
Q: If Stevens is sentenced to prison time, will he be incarcerated in Alaska?
A: The Federal Bureau of Prisons has no facility in Alaska. There are several federal facilities close to Washington, D.C., including a minimum-security prison in Morgantown, W. Va. where former Rep. Bob Ney, R-Ohio (1995-2006) served time. The government tries to keep inmates within 500 miles of their primary residences.
Q: Will Stevens’ age be a factor at sentencing?
A: Not necessarily. The federal sentencing guidelines require judges to consider such factors as a defendant’s prior criminal history and the severity of the crime. Judges have wide latitude to depart from the sentencing guidelines, so age could be — but doesn’t have to be — factored in when determining a sentence for Stevens, who turns 85 in November.
Each of the seven counts carries a maximum sentence of five years imprisonment, but it would be a near certainty that as a first-time offender Stevens would not be ordered to serve the maximum.
Q: Will Stevens be allowed to go back to the Senate and vote in next month’s lame duck session?
A: Yes. Unlike the House, the Senate has no rule that bars members convicted of a felony from voting.
Q: What if he wins his election?
A: If Stevens is re-elected Nov. 4, he will be eligible to take the oath of office in January and continue to serve as a senator. The Senate, though, has the right to consider expulsion if its members do not want to serve alongside a convict awaiting sentencing. Back home, there will be pressure for him to step aside. If he does, another kind of legal fight is brewing because Alaskans do not have a single, established standard for dealing with a Senate vacancy. In 2004, Alaska acquired two different Senate succession laws. One was passed by the state legislature and the other was a successful ballot initiative. One allows the governor to name a temporary senator pending a special election, the other does not. Jeff Feldman, an Anchorage lawyer who represented the creators of the “Trust the People” ballot initiative, said Wednesday that he expects a lawsuit would be filed within hours of a gubernatorial appointment.
Q: What is the paperwork that led to the Stevens conviction?
A: For the past four decades, there has been some requirement that senators disclose their financial assets. For the past 30 years, federal law has required senators to file annual financial disclosure forms, and before that, the requirement was a Senate rule.
The current forms require senators to disclose gifts of more than $285 and any liabilities that exceed $10,000. During the trial, prosecutors tried to emphasize that Stevens has been in the Senate about as long as disclosure requirements have existed.
Q: Did Stevens get paid his Senate salary while sitting in the courtroom?
A: Yes, just like senators continue to draw their $169,300 salaries while campaigning for re-election or for president. Despite his legal troubles, Stevens remained a frequent sight in the halls of the Capitol while Congress was in session. He has missed just two votes since he was indicted — one on July 29, the day the indictment was handed up and the other on Sept. 26, the day after opening arguments in his trial.
Q: Did Stevens have to give up any perks of office?
A: Yes. Senate Republican Conference rules require a member indicted on felony charges to step down from the post of committee chairman or ranking Republican on all committees and subcommittees on which they serve. Long before his trial, Stevens, the Senate’s longest-serving GOP member, relinquished his role as the top Republican on the Defense Appropriations Subcommittee, the Commerce, Science and Transportation Committee and the Homeland Security and Governmental Affairs Subcommittee on Disaster Recovery within hours of his indictment.
Q: Any chance of getting any of those jobs back pending appeal?
A: No. Senate Republican rules would require Stevens to remain on the sidelines even if he is re-elected.
Q. What has the Senate Ethics Committee been doing about Stevens?
A. It has a longstanding policy of waiting for criminal proceedings to run their course before acting.
Q. Which other senators been convicted of federal crimes?
A: Four senators have stood trial and been convicted. One of those convictions later was overturned, and another senator pleaded guilty to a misdemeanor.
Sen. Joseph R. Burton, R-Kan., became the Senate’s first convict in 1904. He was found guilty of peddling his influence to protect a company from federal mail fraud and resigned from office before he could be expelled.
In 1905, Sen. John Hipple Mitchell, R-Ore., was convicted of taking $2,000 to use his influence to defraud the government and expedite public lands claims. He died while his case was being appealed.
Sen. Truman H. Newberry, R-Mich., was indicted in 1919 and convicted of conspiracy for spending too much money to win his seat, a conviction overturned by the Supreme Court.
The last sitting senator to stand trial on federal charges was Sen. Harrison A. Williams, D-N.J., who was convicted in 1981 on one count of conspiracy and two counts each of bribery, conflict of interest, receiving a criminal gratuity and interstate travel in aid of racketeering enterprise. Williams was accused of taking money in return for obtaining a government contract, and also testified at his own trial. He resigned March 11, 1982, as the Senate was poised to expel him.
Most recently, Sen. David F. Durenberger, R-Minn., was indicted in 1993 on charges of conspiring to submit Senate reimbursement claims. As part of a plea bargain, he pleaded guilty to one misdemeanor count and was sentenced to a year of probation and a $1,000 fine.
Q: How will Stevens pay his legal bills?
A: In September, Stevens established a legal expense fund to help defray the costs of defending himself against the criminal charges that have been levied against him. Stevens does not have to report until Jan. 15 who has donated to the fund and how the money is being spent.
Stevens has retained a team of lawyers from Williams and Connolly, a top Washington law firm. Brendan V. Sullivan, a veteran criminal defense attorney whose high-profile clients have included Oliver North and former HUD Secretary Henry Cisneros, is captaining Stevens’ legal team. Lawmakers can ask the Federal Election Commission whether they may apply their campaign funds to their legal bills, but Stevens has not made such a request. Unlike campaign accounts, lobbyists cannot contribute to legal expense funds.
Rachel Kapochunas contributed to this story.
First posted Oct. 27, 2008 5:07 p.m.
Comments
Isn't it strange that all of these convictions have been republicans??
If Ted Stevens has been found guilty, and is sentenced, and is re-elected, and is NOT removed by his fellow senators, what happens? How does a convicted felon, who is presumably incarcerated, act as a senator? How does someone in jail vote on law?
Is there a scenario under which Governor Palin could appoint Stevens's successor?
Will he be allowed to vote in this election?
So felons can't vote for senate candidates but felonious senators can vote on relevant bills? Nice
Senator Stevens deserved his salary while innocent, now proven guilty he should have it suspended until all appeals are over. I think the Senate should revise its policy and suspend with pay anyone indicted then remove pay upon conviction. That seems to be the policy of most government agenciese.g. police officers who are charged.
After serving 40 years in the Senate, what would Senator Steven's pension be? How much would he get paid each year after he left the senate? Are there any instances where an elected official forfeits his right to retirement benefits? Imagine if the the felony conviction was for "Bribery"? Would that lead to loss of his pension? Could the Senate vote to rescind his pension?
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