U.S. seeks to dismiss Stevens’ charges

McClatchy Newspapers

WASHINGTON — The Justice Department has moved to dismiss former Alaska Republican Sen. Ted Stevens’ indictment, effectively voiding his conviction Oct. 27 on seven counts of filing false statements on his U.S. Senate financial-disclosure forms.

“After careful review, I have concluded that certain information should have been provided to the defense for use at trial,” Attorney General Eric Holder said in a statement released Wednesday morning. “In light of this conclusion, and in consideration of the totality of the circumstances of this particular case, I have determined that it is in the interest of justice to dismiss the indictment and not proceed with a new trial.”

The Justice Department filed its motion to dismiss the case Wednesday morning, saying in it that “given the facts of this particular case, the government believes that granting a new trial is in the interest of justice.” However, “the government has further determined that, based on the totality of circumstances and in the interest of justice, it will not seek a new trial.”

Within days of his conviction, Stevens, 85, lost his re-election bid to Anchorage’s Democratic former mayor, Mark Begich.

Since Stevens was convicted, his lawyers have filed several motions to dismiss his original indictment or to grant him a new trial. Their motions have been based in part on allegations in a whistleblower complaint by an Anchorage FBI agent, along with other allegations of prosecutorial misconduct that were released after Stevens was convicted.

U.S. District Judge Emmet Sullivan, who oversaw the case, scheduled a hearing Tuesday on the motion to dismiss the indictment.

“I always knew that there would be a day when the cloud that surrounded me would be removed. That day has finally come,” Stevens said in a statement released by his lawyers. “It is unfortunate that an election was affected by proceedings now recognized as unfair. It was my great honor to serve the state of Alaska in the United States Senate for 40 years.”

Stevens’ attorneys, Brendan Sullivan and Robert Cary, issued a statement praising the Justice Department’s decision. Stevens was traveling in Alaska and unavailable to comment further.