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In the Courts

By ALM Staff | Law Journal Newsletters |

District Court for the District of Columbia: Criminal Contempt Proceedings Not Appropriate

On Nov. 21, 2011, Judge Emmet G. Sullivan of the United States District Court for the District of Columbia announced the highly anticipated results of a special investigation into prosecutorial misconduct during the trial of the late Sen. Theodore F. Stevens (R-AK). In Re Special Proceedings, — F.Supp.2d—, 2011 WL 5828550 (D.D.C. Nov. 21, 2011). In 2008, Sen. Stevens was found guilty of making false statements in violation of 18 U.S.C. ' 1001(a)(1) and for failing to make required disclosures of gifts in Senate Financial Disclosures ' 1001(a)(2). Id. at *1. Following his trial and conviction, the Department of Justice (DOJ) acknowledged prosecutorial misconduct, including instances of failure to provide exculpatory evidence to the defense in violation of the government's obligations under Brady v Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972). Id. In April 2009, the DOJ moved to set aside the verdict and dismiss the indictment.

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