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Can Ted Stevens Sue the Government . . . And Win?
http://blogs.wsj.com ^ | April 2, 2009 | By Ashby Jones

Posted on 04/05/2009 11:03:53 AM PDT by Maelstorm

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To: Maelstorm

Don’t you just want to smack all those liberal websites who posted vile threads and articles against Palin over this criminal prosecution. They should be ashamed of themselves but instead they will find nothing was illegal. For the democrats to win anything they have to defraud so this is in their master plan rule book.

Holder making this decision, he will be cheered for bipartisan decision as it were. But in reality, obama got one of the opposing party out of his way. It was obama’s campaign team that sent everyone they could to find trash on Palin similar to how obama released divorce records of his opposing party in Illinois. It was obama’s people who made sure they pushed all the right buttons to screw stevens. One of the people finding evidence on Stevens was on obama’s website as a team member. This was all known last year and the court was alerted to listen to their concerns. Nope. The bell was rung so nothing Holder did means anything except they got what they wanted.

And where was Bush when this was happening?


21 posted on 04/05/2009 11:26:50 AM PDT by OafOfOffice ("If there must be trouble, let it be in my day, that my child may have peace"Thomas Paine)
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To: jamese777
Career Civil Servants who are overwhelmingly Democrats who go on through administrations year after year describes your analogy of corrupt prosecutors working under the Bush Administration. Same Career Civil Servants in the Clinton Administration. Hell there still there in your Obama's administration!

This is what the Republicans need to do when they get back in charge. Do a CHANGE number on the Democrats and fire all these civil servants and start fresh!

22 posted on 04/05/2009 11:27:42 AM PDT by classified
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To: MIchaelTArchangel
"He should also file complaints with every bar association to which those attorneys belong seeking the ultimate sanction—revocation of their licenses to practice law.

There really hasn't been any information that I've seen about any disciplinary action against these prosecutors. Sure, the trial judge has found them in contempt, but nothing from Justice, that I've seen. I'm guessing that Justice is going to hide behind the "ongoing investigation", wait for the heat to dissipate and then quietly let these prosecutors and FBI agents go without any fanfare.

Steven's should push to make sure that the prosecutors, at least some of them, are facing disbarment hearings.

23 posted on 04/05/2009 11:30:25 AM PDT by Big_Monkey
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To: classified
"Do a CHANGE number on the Democrats and fire all these civil servants and start fresh!

Of course you realize it's impossible to fire "civil servants" with cause. And, cause would not be "We disagree with their politics".

Civil servants are not subjected to employment at will.

24 posted on 04/05/2009 11:32:33 AM PDT by Big_Monkey
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To: worst-case scenario

“a final count of the Florida popular vote showed that he [Gore] would have won that state...”

What source do you have for that comment? Memory is that in the final count Bush won by @ 527 votes. Every MSM outlet has confirmed that tally, and we know they are not friendly to Bush .. how do you claim that Gore won the FL popular vote?

Lest you forget, as well, the election for the presidency is different than that for a US Senate seat. There’s a athing called the “Electoral College” not a simple popular vote.

OH, and it was Gore who demanded the recount, and filed the first suits .. he wanted the votes counted only in districts friendly to him, forget the rest. Yeah, let him go ahead and sue .. oops, he already did. And lost.


25 posted on 04/05/2009 11:33:55 AM PDT by EDINVA
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To: OafOfOffice
One of the people finding evidence on Stevens was on obama’s website as a team member. This was all known last year and the court was alerted to listen to their concerns.

I never heard that. Who was that person? And who alerted the court? Do you have a link or source? TIA

26 posted on 04/05/2009 11:37:33 AM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: Maelstorm
...Stevens’s attorney, Williams & Connolly’s Brendan Sullivan...

You DO NOT mess with the Potted Plant!

-PJ

27 posted on 04/05/2009 11:38:08 AM PDT by Political Junkie Too (You can never overestimate the Democrats' ability to overplay their hand.)
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To: jamese777
The political problem is that corrupt prosecutors who went after Ted Stevens worked for the Bush administration’s Justice Department.

Do yourself a favor and google William Welch III and Brenda Morris. You will find that Welch is a friend of Ted Kennedy and is in line for the post of Massachusetts attorney general. Brenda Morris is a lefty from Georgetown. Both have been employed since before the Bush administration.

Also, can you remember the stink raised when GWB tried to fire federal procecuters?

28 posted on 04/05/2009 11:39:37 AM PDT by Species8472 (You can't escape the responsibility of tomorrow by evading it today)
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To: classified

Career Civil Servants who are overwhelmingly Democrats who go on through administrations year after year describes your analogy of corrupt prosecutors working under the Bush Administration. Same Career Civil Servants in the Clinton Administration. Hell there still there in your Obama’s administration!
This is what the Republicans need to do when they get back in charge. Do a CHANGE number on the Democrats and fire all these civil servants and start fresh!


Nice try!
The lead prosecutors for the Stevens trial (WIlliam Welch and Brenda Morris of the Public Integrity Section) were political appointees not “career civil servants”. The buck stops with the Attorney General himself when you go after a sitting US Senator.
“Career civil servants” don’t get to prosecute a US Senator without approval from the very top, the Attorney General of the United States.


29 posted on 04/05/2009 11:40:03 AM PDT by jamese777
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To: Species8472

Do yourself a favor and google William Welch III and Brenda Morris. You will find that Welch is a friend of Ted Kennedy and is in line for the post of Massachusetts attorney general. Brenda Morris is a lefty from Georgetown. Both have been employed since before the Bush administration.

Also, can you remember the stink raised when GWB tried to fire federal procecuters?


Who was the Attorney General when Senator Stevens was indicted? Who was the Attorney General when Senator Stevens was put on trial? Where does the buck stop in the US Department of Justice when indicting and prosecuting a sitting US Senator?


30 posted on 04/05/2009 11:44:04 AM PDT by jamese777
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To: calcowgirl

I saved it. Give me some time because I have to leave right now and I will search for it for you. I saved everything but was not real smart in how I saved it. /wink


31 posted on 04/05/2009 11:44:46 AM PDT by OafOfOffice ("If there must be trouble, let it be in my day, that my child may have peace"Thomas Paine)
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To: EDINVA

My statement is based on the findings of the Media Consortium Florida Ballots Project, which reported its findings on Nov 11, 2001.
http://www.aei.org/docLib/20040526_KeatingPaper.pdf

abstract:
The contents of ballots that were not counted as a vote for president in Florida’s contested 2000 election were catalogued by the National Opinion Research Center under the direction of a consortium of wire service, television and newspaper journalists. Results indicate likely outcomes if the ballots had been recounted under various standards and scenarios. Results also indicate patterns important for election reform and conduct of elections concerning racial differences in voter error, failure rates of different technologies and ballot designs, subjectivity of recounts and validity of mismarked ballots as votes.

There were plenty of articles about it at the time. Its findings were pretty much beside the point, since Bush had been in office since January and 9/11 had occurred two months before.

As your own comment makes clear, what matters, finally, is not the way the votes themselves are cast, but how they are counted. That is the whole basis of the Coleman campaign’s position right now.

I know about the Florida 2000 recount history and the importance of the Electoral College. The final report of the only group (the NORC) that actually counted every single ballot cast in Florida showed that Gore won that state under 6 of 9 situations using various counting strategies. The report itself was originally paid for out of a desire for historical accuracy in this important contest. The report itself was overshadowed by the horrors of the Al Qaeda attacks.


32 posted on 04/05/2009 11:48:23 AM PDT by worst-case scenario (Striving to reach the light)
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To: EDINVA

I believe a suit would have to be brought under the tort laws of the state where this happened...since it was DC it would be under whatever the tort law says there about malicious prosecution.

Stevens obviously was on the chopping block and put there by someone with a motive to get him out. Does anyone know what was the origin of this case?

I believe that both FBI Agents and Federal Prosecutors are excepted service personnel which means they do not have full civil service protections. If this is as egrigious a matter as it appears on the surface, they should all be gone.

Gonzalez and his simpleton boss should have had more interest in what was going on under their watch they being aloof about most things. Look at the border patrol agents, who were investigated by the same integrity section of justice, Stevens, and perhaps Liddy.

Vince


33 posted on 04/05/2009 11:52:31 AM PDT by Mouton
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To: Maelstorm
Richman pointed us to a federal statute called the Hyde Amendment, which, according to this 2005 Second Circuit opinion in a case called U.S. v. Schneider, was passed in 1998 and is found as a statutory note to 18 U.S.C. § 3006A (who knew?). The amendment provides:

the court, in any criminal case (other than a case in which the defendant is represented by assigned counsel paid for by the public) pending on or after the date of the enactment of this Act [Nov. 26, 1997], may award to a prevailing party, other than the United States, a reasonable attorney’s fee and other litigation expenses, where the court finds that the position of the United States was vexatious, frivolous, or in bad faith, unless the court finds that special circumstances make such an award unjust.

Okay, so what does this mean?
According to Richman, an aggrieved defendant needs to show that “there was really no basis to the prosecution,” a showing, Richman feels “is nearly impossible to make.”

He adds: “I suppose we could come up with some crazy set of facts that haven’t been revealed yet in the Stevens matter that would give some credence to this position, but given the facts as the public knows them now, it would be very hard to make this kind of case.”

In dismissing the claim brought by Mr. Schneider, the Second Circuit seemed to make clear that the intent of the prosecution needed to be improper. “
We note that the statute does not allow an award for any instance of vexatious, frivolous, or bad-faith conduct.

- Now note this contradiction:

"An award is allowed only where the court finds that ‘the position of the United States was vexatious, frivolous, or in bad faith.’ “

34 posted on 04/05/2009 11:53:02 AM PDT by bill1952 (Power is an illusion created between those with power - and those without)
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To: jamese777
Who was the Attorney General?

Some poor guy named Gonzales standing in a long line of bosses that have been lied to by corrupt employees.

The appearance of corruption would have been on the shoulders of the Bush administration if Gonzales had the charges dropped.

35 posted on 04/05/2009 11:53:02 AM PDT by Species8472 (You can't escape the responsibility of tomorrow by evading it today)
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To: Maelstorm
it said Holder and the new prosecution team, along with Emmett Sullivan, the trial judge, were “heroes” for bringing the information to light.

I'm not sure how the judge was a hero. He let the case go to the jury even after there was strong evidence of Prosecution misconduct.

36 posted on 04/05/2009 11:58:06 AM PDT by CaptainMorgantown
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To: worst-case scenario

The problem with the Florida election was that the Democrats were manufacturing votes as fast as they could count them, and still could not create enough votes to win.

The Democrats have since improved their voter fraud methods and when they get caught, they just throw a couple of ACORN workers under the bus.


37 posted on 04/05/2009 11:58:57 AM PDT by Eva (union motto - Aim for mediocrity, it's only fair.)
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To: EDINVA; worst-case scenario
“a final count of the Florida popular vote showed that he [Gore] would have won that state...”

Absolutely wrong.

The final verified counts here - and I was involved in them - showed that a statewide recount had President Bush winning with a clear margin.

A case could have been made that if Gore was allowed to cherry pick the counties that he did, and exclude all of the others - as he did - and then stop while ahead, he might have possibly won, but that is exactly what SCOTUS ruled was unlawful.

Now if you want to keep that kool aid in you instead of urinating it out, well, that is up to you, but do independent research rather than just regurgitating the leftist media garbage.

38 posted on 04/05/2009 12:00:38 PM PDT by bill1952 (Power is an illusion created between those with power - and those without)
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To: jamese777

We all know that Bush had no control over the federal prosecutors and that if he had tried to influence this investigation the Democrats would have screamed bloody murder and added these prosecutors to the list of “politicized firings”.


39 posted on 04/05/2009 12:06:07 PM PDT by Eva (union motto - Aim for mediocrity, it's only fair.)
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To: bill1952

My comments about the Media consortium Recount still stand. If you have read the 34 page analysis that was published in Nov ‘01, the you understand that the recount they undertook was made after the inauguration of 43.

You can say that I am “drinking kool-aid” because I prefer logical analysis of statistical information, but I prefer to do that as opposed to rejecting such analysis out of hand because of my political positions.


40 posted on 04/05/2009 12:06:13 PM PDT by worst-case scenario (Striving to reach the light)
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