Republicans 4 Democrats 0. Two Alaskan Republicans released from prison.

[madfloridian]

They are to be released from prison because of "prosecutorial misconduct" in their cases. Just like Ted Stevens. To add to the situation, the charges against "James Tobin of Bangor came to a quiet conclusion with a U.S. Circuit Court of Appeals in Boston mandate dismissing an appeal by prosecutors."

That's Republicans 4 Democrats 0 to quote Legal Schnauzer.

Even Republicans Can't Believe Holder's Latest Move in Alaska

It's starting to look that way after news came yesterday that the U.S. Department of Justice (DOJ) is asking that two former Alaska state legislators be released from prison because of prosecutorial misconduct in their cases. Victor Kohring and Peter Kott, both Republicans, were convicted in the same corruption investigation that netted former U.S. Senator Ted Stevens (R-AL).

The Obama Justice Department already has dismissed cases or appeals against Stevens and alleged Republican phone jammer James Tobin. Kohring and Kott make four Republicans who have received favorable treatment since Obama took office in January. Meanwhile, Democrats such as Don Siegelman in Alabama and Paul Minor in Mississippi have received no known reviews of their cases.

If you are keeping score at home, it's now Republicans 4, Democrats 0 under the Obama DOJ.

Schnauzer quotes Alaskan Republicans in shock:

Even Alaska Republicans were stunned by the latest turn of events:

"Wow, wow, wow," said Sen. Fred Dyson, the Eagle River Republican who helped the FBI in its investigation. "I'm surprised, to say the least. I sat all the way through the Kott trial and watched the video," said Dyson, referring to secretly made recordings by the FBI.


A defense lawyer was so shocked that he couldn't help but make a joke about the Holder request:

The move by the Obama administration's reconstituted Justice Department "is enough to make Vic Kohring become a Democrat," lawyer John Henry Browne joked about his arch-conservative client.


Even Alaska's most famous Republican, Gov. Sarah Palin, seemed to be in a state of disbelief. In an e-mail statement, she said:

"Until I get more information on this newest twist, I can't comment beyond saying I am wildly curious what went on in DOJ back then, and what is going on in DOJ now

Yet nothing is being investigated about the case of Don Siegelman. The cases of Siegelman and Paul Minor have received no known reviews.

Stevens, Tobin, Kohring, and Kott are free...Siegelman may go back to jail in August

That has to be a stressed filled life for Don Siegelman. To quote Mark Crispin Miller:

James Tobin ran the phone-jamming scheme in NH in 2002--the election that John Sununu thereby "won." That also was the year that Saxby Chambliss "won" in Georgia, Wayne Allard "won" in Colorado, and Norm Coleman "won" in Minnesota (Paul Wellstone having perished in a small plane crash just days before Election Day). That also was the year, moreover, when Don Siegelman, who'd just won re-election as Alabama's governor, was stealthily un-re-elected in the wee hours on Election Night.

So it was a very good election for the GOP, which, through such victories, snatched back the Senate from the Democrats, who briefly ruled it after Sen. James Jeffords had switched parties in the spring.

A real Attorney General would look into all of that, and start by mounting a real probe of that phone-jamming operation in New Hampshire (which Jack Abramoff had paid for with two checks from his client, the Choctaw Indians).

But this Attorney General, and this president, will not go near that scandal, or lift a finger for Don Siegelman--or for Paul Minor, Wes Teel, Oliver Diaz or any of the several hundred other Democrats nailed groundlessly by Karl Rove's DoJ (which is, apparently, Karl Rove's Department still).

And meanwhile Karl Rove appears shamelessly on TV and writes columns for Newsweek and the Wall Street Journal. Some of our leading Democrats, including Howard Dean, will appear in forums with him. He has been given too much credibility by our party.

[clear eye]

1. WHAT PROSECUTORIAL MISCONDUCT??

Have they deigned to give specifics?

[madfloridian]

2. Something about the prosecution not giving the defense info.

I don't know about the legal aspects, but the situation with Siegelman is so very blatant...and it is being ignored.

[midnight]

10. This is just way past obvious.

[Winterblues]

3. The charges were not dropped

They were released from prison because of misconduct by DA but they are still being charged with the crimes and will have to go in front of a Judge again, only this time will have all the evidence the Government possesses. They are still guilty as hell and on video and audio proving that FACT.

[madfloridian]

5. Is a new trial for certain? Or a maybe. I edited the subject line to be more clear.

But I am looking for what I read today that they may or may be be retried. I saw it in something I read. Need to reread all of it.

[Blue_In_AK]

6. I believe they are to be retried,

unlike Stevens, who I believe they let go without a new trial because of his age and because the misconduct really was pretty bad. A shame really, because he has been guilty of so much more serious misconduct than what he was charged with.

[Blue_In_AK]

4. I'm sorry, but this is REALLY bullshit...

We saw the videos where the deals were made, we saw money change hands, we heard the voices of Pete Kott and Vic Kohring saying, "Is there anything else I can do for you." Ted Stevens' trial, MAYBE there was prosecutorial misconduct, but these guys, definitely not. I'm pretty upset about this, given the record of corruption within the Alaska legislature and the amount of control that the oil companies had (and still have to a degree) over our policy making. Now I'm afraid that little scumbag Ben Stevens is going to walk away without even being charged with anything.

I know Holder is trying to do the right thing and all, but where's the justice for Don Siegelman?

[JonLP24]

8. Funny thing about Stevens' case

Long, long time ago I posted an article about the Judge ripping the prosecutor for denying their own witness from testifying and sending him home. A DUer(Forgot the user) who claimed he was an attorney and said charges should be dropped because that is f'in bullshit. He also said he hates when prosecutors do this ago.

Anyways after the conviction an FBI whistleblower alerted this evidence and it was that same witness who probaly would've testified in a way in which Stevens would likely be found not guilty.

Just shows how smart DUers are. He foresaw it long ago before it actually happened.

[Blue_In_AK]

9. Very true.

I worked in the legal field here for 30 years, as a legal secretary/assistant, and even I could see that there were some serious issues with the Stevens' trial. It made me kind of sad for a couple of reasons -- because I could see that there would probably be an overturning of the conviction on appeal or otherwise, and because Joe Bottini, the local US attorney working on the case (and on these cases of Kohring/Kott), lived across the street from my parents when he was a little kid and used to play with my brothers. I thought that most of the problems with the Stevens trial were coming from the Washington attorneys, but now with these latest two, I'm concerned for Joe's future.

[JonLP24]

12. Finally found the post

It took awhile because I didn't post the article and didn't even post in the thread but I did view it at the time, oops he did not say 'f'in bullshit' but still said it was wrong and charges should be dropped and I was right about the attorney claim.

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=102&topic_id=3522920#3522970

scytherius

While I can't STAND Stevens and he is a crook . . .
I hope the judge dismisses it. I was an atty for 20 years and prosecutors pulled this shit ALL the time. This move is the height of incompetence by the U. S. Attorneys. It's just flat horrible. I hope the judge nails them.

---------------------

I also spot this thread by you.
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=102&topic_id=3523672

This was the thread I was thinking of but that poster didn't post it but there were DUers forseeing an overturning of conviction.
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=102&topic_id=3519134

[midnight]

11. Where is the justice for Don Siegelman should become a slogan.

[Occam Bandage]

7. Which is why you always need to follow the rules if you're on the prosecution.

You can build a fantastic case, and they can be guilty as sin, but if you fuck up once then the defendant walks.

[nichomachus]

13. Not really

Sometimes, they are tried in military tribunals and allowed to plead guilty without trial -- after seven years of torture -- so they can be executed.

[Wednesdays]

14. K&R

:kick:

[Pryderi]

15. This really is fucking outrageous. K&R.

[MasonJar]

16. Why are they avoiding Don Seigelman? They had better not continue to do so.

This whole scenario is getting to look seriously like Obama is running scared of Rove and Bush. Did they wiretap him? Why after all the publicity and the AGs and the first judge and the witness against Rove et al is Seigelman not the top priority. In addition, where is the investigation of the firings of the AGs? The administration is acting very adversely to what is crucial and most important.

[madfloridian]

17. Yes, it does look like they fear Rove.

I hate it, it gives me the shivers.