Dismissal of Stevens case turns spotlight on Justice

Despite the widely publicized misbehavior of U.S. attorneys in the Justice Department during the Bush administration, not one has been prosecuted. That’s because former Attorney General Michael Mukasey just didn’t seem to care enough.

But not so U.S. District Judge Emmet Sullivan, who this week appointed a special prosecutor to investigate federal lawyers.

That wasn’t the worst of it, however. Judge Sullivan dismissed the corruption conviction of former Alaska Sen. Ted Stevens, saying that prosecutors has mishandled and misconducted the case.

Sullivan wants the special prosecutor to investigate the U.S. attorneys who repeatedly withheld evidence from defense attorneys and the judge during the monthlong trial.

Stevens, a giant among the Republicans in the Senate, was convicted by a jury in October of lying on Senate forms about home renovations and gifts he received from wealthy friends.

The conviction cost the 85-year-old senator his seat, thus ending 40 years in the Senate. He was replaced by Democrat Mark Begich.

Judge Sullivan has asked the special prosecutor, Henry Schuelke, to investigate contempt and obstruction by the Justice Department team.

But now that the door has been opened to the misbehavior of U.S. attorneys, there is a need to revisit previous allegations of discriminatory hiring practices.

Civil service rules

There is evidence that Bradley Schlozman, who was responsible for enforcing federal laws prohibiting discrimination, flagrantly violated civil service rules and department policy.

The violations occurred during the tenure of former Attorney General Alberto Gonzales, who also presided over the political firings of U.S. attorneys.

An internal investigation of hiring practices laid out in shocking detail how the Justice Department during the Bush years went beyond past practice in establishing a litmus test for securing employment. The test was based on a simple proposition: Liberals need not apply.

Given such arrogance, brought on by the willingness of those at the top to look the other way, it is not surprising that prosecutors crossed the line in pursuing the case against then Sen. Stevens.

The dismissal of the case does not change the facts that came out during the trial, facts that proved Stevens had accepted thousands of dollars in undisclosed gifts. Yet today, the former senator is a free man — because of the criminal behavior of federal prosecutors.

There is another important issue that has emerged in what Judge Sullivan did, namely, the inability or unwillingness of former AG Mukasey to respond to complaints about the way the case was conducted.

“Shocking, but not surprising,” said the judge.

And, Sullivan made it clear that he did not trust an internal investigation.

All this points to the challenge now facing the current attorney general, Eric Holder: How to restore faith and confidence in the nation’s chief law enforcement department.

Holder has replaced the head of the ethics office and during the week made it clear to Justice staffers that misbehavior will not be tolerated.

But he needs to do more: Heads must roll.