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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: FlingWingFlyer; Maelstrom
Using the Justice Department to win seats for the DemonRATS is despicable.

It would be despicable, but it's not exactly clear how the Begich campaign could have influenced a Republican Justice Department

61 posted on 04/05/2009 1:58:33 PM PDT by wideminded
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To: wideminded

Yup! And that same “Republican” Justice Department sent a DemocRAT out to indict Rick Renzi. I don’t get it. “Republicans” sure act like jackasses a lot.


62 posted on 04/05/2009 2:02:02 PM PDT by FlingWingFlyer (So Orwell was off by 25 years! So what!)
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To: airedale

The Public Corruption section is run by career civil servants not political appointees. It would have been suicide for anyone in the Bush administration to try to interfere with their actions on the Stevens case. The question is what kind of connections do the attorneys and FBI agents from this department have to either political party including those of their families. That of course won’t be investigated by the MSM.


The administrative directors of the Public Integrity Section of the Justice Department are indeed political appointees. We are talking about the Director and Deputy Director of the Public Integrity Section. The Director of the Public Integrity Section was William Welch and the lead prosecutor was Deputy Director of the Public Integrity Section of the Justice Department, Brenda Morris.

Attorney General Alberto Gonzales appointed William Welch to head the Public Integrity Section and Welch promoted lead Stevens prosecutor Brenda Morris. Morris was promoted in March 2004 to Deputy Chief for Litigation. In August 2006, Morris was promoted to the position of Principal Deputy Chief. Her staff consisted of 30 attorneys and 11 support staff.
What happened within the Justice Department on Gonzales’ and Mukasey’s watches was their responsibility.


63 posted on 04/05/2009 2:07:14 PM PDT by jamese777
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To: Species8472

More from Wiki -
The dismissal of U.S. Attorneys controversy is a United States political scandal initiated by the unprecedented[1] midterm dismissal of seven United States Attorneys on December 7, 2006 by the George W. Bush administration’s Department of Justice. Congressional investigations focused on whether the Department of Justice and the White House were using the U.S. Attorney positions for political advantage. Allegations were that some of the attorneys were targeted for dismissal to impede investigations of Republican politicians or that some were targeted for their failure to initiate investigations that would damage Democratic politicians or hamper Democratic-leaning voters.[2][3] The U.S. attorneys were replaced with interim appointees, under provisions in the 2005 Patriot Act reauthorization.


Ted Stevens wasn’t prosecuted by a US Attorney. He was prosecuted by the Public Integrity Section of the Justice Department in Washington DC.


64 posted on 04/05/2009 2:09:11 PM PDT by jamese777
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To: worst-case scenario
... and a final count of the Florida popular vote showed that he would have won that state...

Actually, the final counts/recounts/media counts all showed Bush as the winner. As well, the question as to whether he should have sued is amusing as he DID sue and lost it in the Supreme Court.

65 posted on 04/05/2009 2:14:48 PM PDT by Ingtar (Americans have truly let America down. A sad day.)
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To: airedale

Wrong they were appointed by Bush administration because the position requires an appointment (promotion) but that doesn’t make them Conservatives let alone Republicans. For example according to William M. Welch the head of the public Integrity section is a registered Democrat according to: http://www.masslive.com/news/index.ssf/2009/02/former_federal_prosecutor_in_s.html “U.S. Attorney positions often turn over when a new party takes control of the presidency. Sullivan, a Republican, was appointed by President George W. Bush when Bush began his first administration in 2001.

Welch, a registered Democrat, served in the Springfield U.S. Attorney’s office from 1995 to 2006, where he built a reputation as a brainy, unrelenting prosecutor.,...

....For Welch’s part, his pedigree seemed to steer him to public service. His father, the late William H. Welch, was a successful trial lawyer before being appointed to the bench as a Superior Court judge in Hampshire County.”

I’ll bet the others have ties to the Democratic Party as well. Because a lot of spouses use their maiden names professionally it’s hard to know who they are and to track down their connections.

BTW a committee has been set up according to this article to find the new top Law Enforcement in Massachusetts and Welch is the choice (or at least was). Guess who appointed the committee that selected him? Why the noted conservative Republican Sen. Ted Kennedy of course: “Local lawyers agreed the Princeton graduate has the right qualifications, but wondered if any candidate from Western Massachusetts could overcome the overwhelming presence of Bostonians on the search committee.

Of 12 members on the Advisory Committee appointed by U.S. Sen. Edward M. Kennedy, D-Mass, just one is from Western Massachusetts: Northampton lawyer John P. Pucci.”

The date on the article is before the case blew up in Welch’s face.


Nothing posted above changes the fact that Welch was appointed to be Director of the Public Integrity Section of the Justice Department by Attorney General Alberto Gonzales.
The indictment and prosecution of Senator Ted Stevens occurred under Attorneys General Gonzales and Mukasey.
That is where the buck stopped.


66 posted on 04/05/2009 2:28:54 PM PDT by jamese777
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To: worst-case scenario
Gore not only wouldn't have win FL had the recounts not been stopped, he would have lost the state by about 30,000 votes had the voting not been "stopped" by the media calling the state while the Republican panhandle still had an hour to vote. IIRC that's roughly the size of the margin the MSM is estimated to have cost Bush by their stunt. The really close state was NM, which Gore probably did steal by about 300 votes.

As for Stevens I encourage him to try. It would be a pleasant change to have RINO $ actually annoying libs. But I'd expect the courts to rule that only the Senate has jurisdiction to award him a redo and there's no way Senators Reid and Franken would allow that.

67 posted on 04/05/2009 2:35:52 PM PDT by JohnBovenmyer
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To: jamese777

So what if he was appointed by the Bush administration it doesn’t speak to his pedigree, biases or motives and if you liberals are to be believed the Bush administrations competence.

He is probably very competent as an attorney, was in the proper position at Justice, was a very good political player and finally had the blessing of the Democrats on the Senate Judiciary Committee whose top Democrat happens to be Sen Ted Kennedy who had a strong hand in his shot at the top law enforcement officer of the state of Massachusetts. With the Senate as closely divided as it was during the Bush administration they had to make sure that who ever was appointed to this position was acceptable to the Democrats. It would never have gone through if it wasn’t.


68 posted on 04/05/2009 2:44:38 PM PDT by airedale ( XZ)
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To: jamese777

You can repeat this all you want but it doesn’t make it accurate.

What part of the Democratic Party do you work for or is it one of the other affiliated organizations like MoveOn.org?


69 posted on 04/05/2009 2:47:01 PM PDT by airedale ( XZ)
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To: FlingWingFlyer

“Using the Justice Department to win seats for the DemonRATS is despicable.”

Yes, and especially when the Bush administration did it!


70 posted on 04/05/2009 3:05:49 PM PDT by devere
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To: worst-case scenario
(Striving to reach the light)

I hope you do reach that light, as there's a lot of news articles you seem to have missed on the 2000 recount, and what you did read you misread.

There was no final, complete and official recount. And Gore never wanted one, nor asked for one. Gore asked for the 'Count the votes until the Democrat win' type of recount to be done in only some counties, which the Supreme Court ruled to be unConstitutional.

There were recount investigations by some newspapers, but they all showed Bush as the winner.

71 posted on 04/05/2009 3:47:55 PM PDT by slowhandluke (It's hard work to be cynical enough in this age)
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To: Maelstorm

settle on a bridge


72 posted on 04/05/2009 3:58:14 PM PDT by personalaccts (Is George W going to protect the border?)
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To: worst-case scenario
a final count of the Florida popular vote showed that he would have won that state

This is a false statement, acknowleged to be false even by (mentally whole)Gore partisans. What is your major malfunction, boy? You makin' sh*t up for what reason?

73 posted on 04/05/2009 4:03:16 PM PDT by hinckley buzzard
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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

Federal attorneys are political appointments not career civil servants. Bush could have fired all the Clinton holdovers when he came into office--just as Clinton fired all the Bush 41 holdovers when HE came into office. The difference is, Bush didn't give a sh*t.

74 posted on 04/05/2009 4:09:10 PM PDT by hinckley buzzard
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To: Maelstorm
Here his a very recent Petition for Cert to the United States Supreme Court that will have a very big impact on Stevens suing the prosecutors and FBI agents.

The Eighth Circuit ruled that the prosecutors, who acted as investigators at times, can be held liable in a civil action. If the USSC does not eventually accept the case, the prosecutors, as well as the LEOs are screwed.

Do not be misled by the the wording of the petition, the prosecutors in the case currently at the USSC will lose on at least for the part of the action for which they acted as investigators.

The real interesting aspect will be what the USSC decides regarding the knowing presentation of false and misleading evidence.

Since doing so can at times violate the constitutional/civil rights of a defendant, the prosecutors are possibly violating 18 US Code 241/242. Since it can never be the duty of a person to commit a crime, they canot fairly claim immunity based on the position they hold.

This case, if either affirmed by the USSC or the petition is denied will cause a lot of dishonest prosecutors to change their behavior regarding playing fair with criminal defendants.

Here is the petition of the appellants’ (prosecutors) to the Supreme Court:

http://www.scotusblog.com/wp/wp-content/uploads/2009/03/pottawattamie-cert-petition-2-18-09-as-sent-to-printer.pdf

75 posted on 04/05/2009 4:17:36 PM PDT by SeaHawkFan
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To: Maelstorm
The Stevens prosecutor, Brenda Morris, has a track record... perhaps taxpayers could sue her for wasting their taxes.
U.S. to pay S.A. lawyers $1.34 million
San Antonio Express-News, Jan 30, 2007. pg. 1A
Already stung by its failure to convict a defense lawyer despite years of investigation, the federal government has agreed to pay the San Antonio attorney $1.34 million to settle claims that revenue agents maliciously targeted him.

The settlement, finalized last week, effectively ends more than six years of legal feuding, which began when Alan Brown's office manager fell for a cocaine smuggler and, in an effort to win her lover leniency, told federal agents that Brown routinely cheated on his taxes.

The government did not admit to any fault ...

(snip)

Top prosecutor of Stevens was criticized in S.A. case
San Antonio Express-News Apr 2, 2009. pg. A.4
A Justice Department prosecutor at the center of the tossed-out corruption conviction of former Alaska Sen. Ted Stevens led the failed prosecution of a San Antonio criminal defense attorney that wound up costing taxpayers at least $1.34 million.

Tax fraud charges against Alan Brown took six weeks to try in 2004 and 2005, but jurors deliberated less than an hour to hand the prosecutor, Brenda Morris, a defeat.

Brown sued the government over the tax agents' conduct and after the trial won a $1.34 million settlement.

... Some observers believed Brown's prosecution was doomed from the start, partly because the government's star witness, a former staffer in Brown's office who fell in love with a drug-trafficking client, was deemed not credible. Those familiar with the case said Morris pushed it forward regardless. Before the trial, two judges found IRS agents acted with reckless disregard for the truth when they used uncorroborated accusations to justify an all-night search of Brown's home and office.

She was promoted in August 2006 to principal deputy chief of the Public Integrity Section in Washington and was the lead prosecutor in the Stevens case.

"This is a prosecutor who needs to be removed, and I would hope the attorney general utilizes the same test of integrity as he did in the Stevens case," said U.S. District Judge Orlando Garcia, who ruled against Morris in Brown's case. "Though (the Brown case) is several years old, there is no statute of limitations on integrity."

(snip)


76 posted on 04/05/2009 5:04:09 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: worst-case scenario
"Can Al Gore sue the government and win? He won the popular vote, and a final count of the Florida popular vote showed that he would have won that state, as well, if the recount hadn’t been stopped."

False. Every investigation, including that done by the NYT, demonstrated that Gore would not have won statewide. Proof that if Dems and the press tell a lie often enough, even the conservatives will begin to accept it as gospel.

The Dems wanted a recount in 4 Democrat counties ONLY. Four counties which were controlled by Dems and thus under Dems control in the recount process.

77 posted on 04/05/2009 5:15:31 PM PDT by cookcounty (Obama's got Bush's inheritance .......and now he wants your kids'.)
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To: PghBaldy

Aww Geez ... there’s still another TROLL hooked on the BUSH WAS SELECTED BULLS***???

When at BUSH Rallies in TENNESSEE ... tshirts all over the place saying “GORE RELATIVES FOR BUSH”.. just about says it all.. except that GORE could not even win his Former CONgressional DISTRICT...

Not COGNITIVE DISSONANCE.. just FACTS

OK ... I’m done feeding the TROLL.. it won’t happen again ...(tonight)


78 posted on 04/05/2009 6:37:50 PM PDT by gwilhelm56 (I GIVE UP .... HEIL Obama!!)
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To: AdmSmith; Berosus; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; george76; ...

related topic, some background:

Why The Truth Doesn’t Matter...........(Because we are the agenda’s enemy !)
Intellectual Conservative | April 3rd, 2009 | Phillip Ellis Jackson
Posted on 04/04/2009 9:27:58 AM PDT by IrishMike
http://www.freerepublic.com/focus/f-news/2222311/posts


79 posted on 04/05/2009 7:07:09 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/____________________ Profile updated Monday, January 12, 2009)
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