Captured by the Status Quo

A lot of people wonder who the next leaders of the Republican Party should be.  I don't know.  But you know who it shouldn't be?   Anybody who thinks the current elected Senator from Alaska should resign so that the corrupt former Senator Ted Stevens can be brought back to the Senate.

Forewarned is forearmed.

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You and Palin are both venting

and neither is very productive

Let me remind you I would have favored virtually any breathing Republican over the painfully compromised Stevens (check my blog posts at the time). But guess what. He won the primary.

Then he tries to clear the criminal charges before the election (yes, foolhardy and selfish) and is denied the ability to properly defend himself.

I think a lot of people who have no use for Ted Stevens might think it is even worse for prosecutors to withhold evidence and try and rig a Senate election in this fashion.

And their probably are plenty of Alaskans who think the DOJ pulled a scam on the voters.

That said, it's a dumb idea to hold a revote. (I hope Stevens's grandkids retire on the judgment he's gonna get from the prosecutors, though). But there's plenty of time between now and 2012 for every potential candidate to pull a Plaxico, and we'll be left with no nominee if we start this sort of list now.   

It's not about the status quo

It's about the electorate having the opportunity to make an informed choice.  One can argue that Stevens' career provided plenty from which to make an informed choice, however, there is no doubt in the matter of Stevens legal problems the public was denied information of a nature and significance that it surely would have benefitted in knowing on election day so the outcome has to be seen as suspect.  Frankly I think Stevens would lose again but I'd be willing to see that proven out in a special election.  Certainly Stevens represents all that is wrong in DC (and the GOP) but just because we want to turn the page and get on with rebuilding the party anew is no excuse to foresake clean elections that represent the will of the voters.

these are ALASKAN voters

you do realize a substantial proportion of them don't have tv or newspapers, right?

That many of them didn't even know about this?

Hell, the newscrew went to that island where you can see russia from, and when they asked folks what they thoguht about Gov Palin, people started asking, "Did something happen to Gov. Murkowski?" -- took the mayor eventually rustling some official correspondence out of his office before he figured out who they were talking about!

Alaska -- they do things differently up there.

I'm sorry, but fair is fair and elections are won and lost based on who "might have" strangled his wife during an argument.

This was at least about corruption. But everyone knows every dang politician in Alaska is corrupt, same as WV. That's the way the extraction states are run.

I agree with Ironman

Of course Begich isn't going to step down and allow another election, but given how close the race was, does anyone seriously believe Begich would have won if Stevens's phony conviction had not been in place at the time?  I'll let Stevens worry for himself about where to go to get his reputation back.  Where do we go to get the Senate back?

Will They Double Down the Mistake?

I wonder if Republicans have the minimal common sense not to ask a court to annul the election. 

Palin seemed terrific when I didn't know much about her, but the more I see the less I like.

I think a lot of people who

I think a lot of people who have no use for Ted Stevens might think it is even worse for prosecutors to withhold evidence and try and rig a Senate election in this fashion.

You know these were Bush-appointed prosecutors, right?  This wasn't a partisan hatchet job against Stevens.   But their bad behavior doesn't make Stevens innocent.  Do you really think Ted Stevens did not act illegally or unethically? 

It's about the electorate having the opportunity to make an informed choice.

The prosecution may have been a farce, but the facts against Stevens remain damning.  If Blagojevich got off because prosecutors didn't disclose something, do you think his impeachment should be rescinded?  

If Obama demanded the Illinois legislature give Blagojevich another chance, we'd all say he was defending corruption.  Palin's demand for a revote is unbelievably absurd.  The prosecutors deserve contempt, but that doesn't mean Ted Stevens deserves to have his reputation rehabilitated.

The Ends does not justify the Means

It does not matter who appointed the prosecutors (and I'm not sure it's accurate that they were all Bush appointees anyway) - the only thing that matters is their conduct of the prosecution, which was beyond reprehensible and downright Nifong-esque.  The manner in which these prosecutors abused their power is far more scandalous than any wasteful pork project or unreported gift to which Ted Stevens may have been a party.  Abusive prosecutors are far more of a threat to liberty than Ted Stevens pork.

I don't know how innocent or guilty Stevens truly is, but under the law he has the assumption of innocence until he is proven guilty, in a court of law, in a fair trial, with all of the relevant evidence presented.  Remember that concept - rule of law?  Is it something conservatives favor only when it is convenient, but to be discarded or downplayed when we're worried that the target of prosecution is someone who might make us look bad? 

The test of whether or not you are principled is not your ability to support said principles when it is easy - the real test is your ability to support those principles when it is hard to do so.  Are you willing to dispense with those principles now because Ted Stevens was an unpopular Republican?  Is he not entitled to a fair trial, because "you just know" he's guilty of something?  And are Alaskan voters not entitled to cast their votes wtih all the facts on the table, not just those facts that prosecutors decided were convenient in order to get a tainted conviction (and therefore, a tainted election)?

Nobody disputes that Ted Stevens was an out of control spender.  Few would dispute that he was a lousy senator.  And it would be reasonable, ableit subjective, to opine that Stevens had done things that were unethical if not illegal.  But whether or not he should have remained a senator from Alaska was something that should have been decided by Alaskans, with all the facts on the table, including those facts that favored his case.  The apparent willingness of  so many conservatives to dismiss those ideas because of Stevens unpopularity among the right does not speak well for them. 

It would have been fine if Stevens lost his primary election.  It would have also been fine had Stevens been convicted in a fair trial.  And it would have been fine if Stevens had lost the general election without the taint of a conviction obtained in an unfair trial and at the hands of prosecutors who showed far more zeal for breaking the law than upholding it.  The ends could have been justified by those means.  But nobody can deny that Stevens loss in November was a direct outcome of a tainted conviction obtained by crooked prosecutors.  God help the conservative movement if we think the end of Stevens career is justified by those means.

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

As far as Blago goes, he also is innocent under the eyes of the law until proven guilty.  It's reasonable to think he was corrupt and engaged in illegal activities.  But if Patrick Fitzgerald conducts his prosecution in the same manner he did with Scooter Libby, then we should all take a skeptical look at that upcoming trial no matter what the final verdict is.  And if a guilty verdict against Blago is ever thrown out over prosecutorial misconduct, the anger should be directed at the prosecution, not at the defendant, just as it should be now in the Stevens case.

"It would have been fine if Stevens lost his primary election."

It would have been fine if Stevens lost his primary election.

Why would that have been OK whereas his defeat in the general is, in your eyes, "not fine"?

 

Tainted conviction = tainted general election

Because he hadn't been convicted in a tainted trial at that point. 

His defeat in the general was in large part due to a tainted conviction obtained by prosecutors who withheld exculpatory evidence and tampered with the government's star witness.  But don't take my word for it - take the word of the judge that held them in contempt of court and gave them a stinging rebuke. 

If he would have lost in the general after a conviction in a fair trial, I would have been ok with that.

 

yep, Stevens was screwed

At the same time, that does not mean that Begich or the voters who voted for him should be screwed because of mistakes made by the DOJ.  

There is no legal recourse

There is no legal recourse now anyway, so that point is basically moot.  The only way another election could be held is if Begich actually did resign, which won't happen. 

Regardless, the election was highly tainted and occurred under false pretenses.  Nobody who cares about free and fair elections should be comfortable with that or dismissive of what happened simply because of their dislike of Ted Stevens. 

par for the course

2000 Florida was probably the most tainted election in recent history, and the stakes were much greater than a Senate seat.

You could just as easily say the charges or threat of charges

You could just as easily say the charges or threat of charges against him tainted the primary election and so that has to be undone as well.

A little reading

A little reading comprehension would have saved you a lot of writing.  At no point did I ever suggest the prosecutors behaved appropriately, or that AG Holder was wrong to void the conviction.

Jon, dunno what profession you are in

but as a member of the CT bar for umpteeen years I can assure you a prosecutor forced to admit he withheld exculpatory evidence from a criminal defendant is BAD.

Like disbarment bad.

I've read an awful lot about the "rule of law" in places like this.  Much as Ted Stevens might be one of the last people I want in the Senate or the Republican Party the man was entitled to present a proper defense to his charges.  A little outrage--even if misdirected--isn't the terrible mortal sin you think it is.

Since you are a libertarian, isn't Stevens like the AIG-FP guys whom we are suppose to defend from bills of attainder not because we agree with rapacious capitalism, but  because once the government takes them out, there's only a slippery slope between the government and the rest of us.

What gets in the way is,hmmmm, the rule of law.

RE; Blago. I'm actually sympathtic to not penalizing the "blundering constable", but we are not talking about a criminal who's likely to have a chance to revert to recidivism.  Bribetakers aren't murderers, rapists or child molesters.. And if the voters of IL were that clueless, well, caveat emptor.  

but as a member of the CT bar

but as a member of the CT bar for umpteeen years I can assure you a prosecutor forced to admit he withheld exculpatory evidence from a criminal defendant is BAD.

No shit, Sherlock.  If you ever catch me defending prosecutors who withhold exculpatory evidence, you go ahead and bring that up again.

what exactly are the rules on disbarment?

I've heard that pranking a judge is reason to be disbarred...

LOL--Again

Is the Republican party ever going to come back from the edge of insanity?  This post seems to indicate NO!!! Seems to me that the party of "hope you fail" lacks a true understanding of the majority of Americans, and by the way I think thats kind of important to win elections.  Republicans have becoming bigger and bigger drama queens and less a part of the solution that they helped create. 

Jon

I'm usually on your case, but in this case my compliments,

Despite what "true" Republican-Conservatives think, you are standing up for the right thing to do here.

 

As to the question posed above "How do we get the Senate back??"  You get it back the old-fashioned way:  You earn it.

Oh! here's a solution...

...let's leave it up to Ted Stevens. If he wants a recall election, allow the state to retry his case. If he is, indeed, found innocent by a jury of his peers after ALL the facts are in, I say, hold the recall election. If upheld by the voters of Alaska, hold another election for the Senate seat.

ex animo

davidfarrar

Would that be the same Sarah Palin who called for Stevens

Would that be the same Sarah Palin who called for Stevens to "step aside"  last fall?

I really hope she does run for President in 2012 - becasue the good people of Iowa are going to give her and her stupidity the ass-kicking she and it deserves.

 

Good point Jon. I'm all for

Good point Jon.

I'm all for letting the courts decide if there was anything suspicious about what occurred.  Stevens had plenty of opportunity to make his case before the public.

I have to wonder why so much attention is being paid to Palin at all by the media/left.  They're putting an awful lot of effort into denigrating someone who didn't win an election.

except

this is a right wing blog. and politico leans to the right. so... maybe not.

as for why people (left and right) pay attention to her...politicians are usually pretty boring. palin, obama, newt...they can be interesting and say things that catch people's interest. plus, it's not like palin is laying low just trying to focus on alaska. if she wants the attention then she is going to get it.

Forest, meet trees.

This wasn't a partisan hatchet job against Stevens.

Right, it was a non-partisan hatchet job against Stevens. That makes me feel much better.

But their bad behavior doesn't make Stevens innocent.

Of course it didn't, but we don't use the Napoleonic Code in this country, where an accused is presumed guilty until proven innocent.  So their bad behavior didn't make a guilty man innocent, it made a potentially innocent man "guilty" in the eyes of 12 jurors who didn't get to see the whole picture.  If the prosecution had behaved ethically, and Stevens had been acquitted as a result, is there any serious doubt that he would have been re-elected?  Even if - and I'm bending over backwards in your favor to stipulate this - even if all 12 jurors had told the press that they thought he was probably guilty, but they couldn't overcome reasonable doubt?

Do you really think Ted Stevens did not act illegally or unethically?

I don't know if he did or not, and I'm not sure why you seem to think you know, either.  I've never liked the guy much, but my only reason for thinking he had acted illegally (and more importantly, the only reason Alaskan voters had to think the same) was that he had just been convicted by a jury of his peers in what we all naïvely assumed had been a fair trial.  Now that we all know that it was a kangaroo court that convicted him, who the hell knows if he was truly guilty or not?

I submit that unless your answer to that last question includes at least 98% of Alaska's electorate, both Stevens and the Republicans got screwed.

Holy crap

I don't think I've ever seen so much concentrated point-missing in a comment thread in my entire life.   At no point did I suggest the prosecutors behaved appropriately, or that the trial was conducted correctly.  Indeed, I specifically said otherwise.

Ted Stevens absolutely deserves a fair trial.  That doesn't mean he deserves to have his seat in the US Senate.  It damned sure doesn't mean we should bend over backwards to find a way to get him back in.

Kudos to all of you for defending fair trials and honest prosecutors.  Nobody suggested otherwise, but I hope you enjoyed the exercise.  I'll join you in demanding them.  But I won't join anybody in demanding an elected US Senator resign so that we can put Ted Stevens back into office.

something I learned from my mom applies

Oftentimes when she heard something really, really dumb she just pretended she didn't hear it.

Kept her from embarassing lots of relatives and neighbors

If you're gonna last in politics, it's a skill it helps to master. Applies to this one.

You're the one missing the point, Jon.

I have no use for Ted Stevens, and as best I can determine, neither does Sarah Palin.  But by focusing too much on Ted Stevens in particular, you are missing the bigger picture, which is one of fundamental fairness.  Suppose this had not happened to Stevens, but to someone you actually like, e.g., George Allen.  Suppose that in 2006, Allen had not made his idiotic comments about "macaca' or the "real" Virginia, had never displayed a Confederate flag or allegedly used the n-word in the past, had been on the right side of the VMI case as governor, and didn't have any other legitimate political baggage I may have overlooked.  Suppose Allen was poised to win re-election handily in 2006, until Virginia's answer to Mike Nifong charged him with political corruption, willfully concealed evidence of his actual innocence from the jury, and managed to secure a "conviction" under false pretenses barely a week before the election.

Now suppose further that Allen knew he'd gotten a raw deal, said so out loud, openly accused VA-Nifong of misconduct, and promised to "fight this unjust verdict with every ounce of energy I have."  Alas, no one believed him at the time, from his own governor on down, he becomes the butt of late night TV shows, and he ends up losing by a margin only slightly less narrow than Allen actually did lose by.   A few months later, we found out Allen was right, after all, and that this phony conviction had almost certainly cost him an election he otherwise would have won.  Same result?  And more importantly, same reasoning?  [I could see objecting to Palin's call for a special election on the grounds that  it has no chance of happening, as a do-over for Allen wouldn't have, either, but tilting at windmills doesn't seem to be the basis of your objection here.]

Same result?  And more

Same result?  And more importantly, same reasoning?

Yes.   In fact, Allen was accused of financial ethical violations prior to the election and an "official investigation" was launched.  It got a lot of coverage.  It wasn't until 2007 until the investigation concluded he was right all along, and completely innocent.  Yes, a do-over would be ridiculous. And calling for one would be ridiculous.  The proper response from Palin is to say the prosecutors should be prosecuted and then try to help somebody who isn't Ted Stevens runs for the Senate seat in 2014.

Also, we didn't find out that Stevens was not guilty.  We found out that the prosecutors were corrupt.  There's a difference.

Yes, that would have been the proper Palin response

and, guess what, her failure to do this does not merit a top deck blog post essentially telling her to retire from politics.

What was Ruffini's point about not tearing down folks like Palin and Jindal so we are left with Bob Dole II in '12?

tear down palin, she isn't worthy of a presidential nomination.

I'm sorry, but can you guys TRY not to give us another Nixon???

Jindal, for all that he's a little crazy in religion, doesn't seem to be as massively corrupt. I dont' know, LA ain't my specialty 0-- maybe everybody there is just as corrupt as WV/Alaska, etc. I somehow doubt it though. the economy looks more diversified.

Not the difference you suggest

Also, we didn't find out that Stevens was not guilty. We found out that the prosecutors were corrupt. There's a difference.

It's also a false choice, as we found out both.  The DOJ didn't just dismiss the charges against Stevens because the original prosecutors were corrupt.  They dismissed the charges because they had re-examined the evidence and determined that the case was too weak on the merits to warrant going forward.  Had the original prosecutors not been corrupt, they presumably would have reached the same conclusion, and he never would have been charged in the first place.  Does that mean he is absolutely, positively factually innocent of all charges?  Of course not, but a jury acquittal wouldn't have meant that, either.  And if Stevens had been charged ethically, and ended up being acquitted of all charges eight days before the last election, does anyone seriously doubt that he'd have won handily?

I was not aware of the charges against Allen, but I don't think they're analogous to what happened here.  For one thing, technical ethics violations are hardly on the same plane as multiple felonies.  There's a reason why we all heard about macaca and not the ethics charges.  For another, being "under investigation" for something is hardly on par with being convicted of it.  If Stevens had been merely facing charges on Election Day, as opposed to having just been falsely convicted, he'd have lost a few votes here and there for being under an ethical cloud, but he'd have won the election nevertheless.  I doubt that the same can be said in Allen's case, though given the extreme closeness of that race, I suppose almost anything could have flipped it.

stevens was guilty, just like murtha is guilty.

you can tell, based on economics, where the corrupt politicians are.

the only question is -- do the voters care?

Henke's right.

It's rare I've got Jon's back, but he's spot on here, folks.

Funniest thing to me, though it's a bit off topic, is those of you commenters who are up in arm's that Steven's is off the hook - on a technicality - thinking this merit's him special consideration, even a new election.  Typically "conservatives" freak out when a criminal is set free on technicality.  Apparently not when it's one of yours, though.

Witholding exculpatory evidence

Funniest thing to me, though it's a bit off topic, is those of you commenters who are up in arm's that Steven's is off the hook - on a technicality

Witholding exculpatory evidence is not a mere technicality.  It's a serious abuse of power, and in this case it almost certainly affected the result of an election.   That's not something minor like a judge's instructions being marred by a misplaced comma or some other bulls--t.  Defendants - even Republicans - have a right to present evidence that would exonerate them in a court of law.  When a prosecution denies them that, they have denied someone their constitutional right to a fair trial.  And it's an even bigger outrage when it taints the electoral process, as it did in this case.

Arguing over a hypothetical special election is just a tempest in a teapot, since we know that isn't going to happen anyway. 

where were you about Siegelman?

nowhere, that's where.

can you hear the poison dripping off my tongue?

Refresh my memory

Who's Siegelman?

the Alabama Gov that Rove got convicted...

http://www.dailykos.com/storyonly/2008/9/22/112521/471

http://www.dailykos.com/storyonly/2008/11/25/65640/261

(Gawd, Thornburgh's here too? Man if he was to run for governor again, I think I might have to vote for him... he seems honest).

If it becomes and established fact

If it becomes and established fact that Don Seigleman was screwed by prosecutors witholding exculpatory evidence, I'll be the first to defend him (I'm not going to take Kos' word for it though).  The right to a fair trial applies to everybody.  I don't see where that is an established fact yet - but I'll keep an open mind that it could have happened, especially the way prosecutors seem to run amok these days. 

Still, the comparision with Stevens is somewhat apples and oranges, as Seigleman was defeated in his bid for re-election in 2002, and was not indicted until 2004.  His re-election bid was not affected by either his indictments or conviction.  And it is an established fact (confirmed by the judge that held the prosecutors in contempt of court) that there was a deliberate witholding of exculpatory evidence, not to mention the shenanigans with their star witness, Bill Allen.

 

 

to me, the Stevens case speaks mostly to prosecutor

incompetence (Ironman, if this is a mostly implausible read on the matter, can you kindly shoot me down?).

The Siegelman case speaks towards naked politization of our DoJ.

Considering the massive slaughter of career civil servants in the Civil Rights division, I can't say that I'm surprised to see either.

It's not merely incompetence

They went through the effort to redact exculpatory passages from documents they presented as evidence.  They created and presented false testimony during the trial.  And the government's star witness, who had an affair with an FBI agent involved with the case, changed his testimony from his initial interview to something far more damning in the actual trial.  That's not mere incompetence, that's a concerted effort to skew the facts of the case to win a conviction, the actual facts be damned.

Politicization of the DOJ is a problem to be sure, but let's not pretend that it occurs only under Republican administrations.  It would be laughable to think that the DOJ under Clinton wasn't heavily politicized, and it will surely be so under Obama.  Both parties should be held to account for DOJ politicization.

actually... I know people in DC

there's a big difference between Gosslings (yes, I know that's CIA) and what Clinton did.

Clinton didn't lose us most of our national security folks.

I'm sorry, but the Bush Admin fucked up bigtime on the whole politicization thing. MUCH MUCH worse than Clinton, and it will surely be worse than Obama. There are rules to where you put the political people -- and bush's staff routinely violated these rules on a regular basis.

I don't say the same thing about his father -- his father was a rather decent chap, for being a republican (I know folks who met him in Japan). GWB leaves a bitter taste in my mouth.

George H.W. Bush

With apologies to the Reaganites, the first Bush was probably the best Republican president in decades. A lot of people don't like to admit that Bush Sr was probably the de facto president for the last 2 years of Reagan's second term. 

He was a very good president, although not as charismatic as Reagan.

I think I liked nixon better....

but I guess I'm more used to crazy folks than most people. At least nixon was smart (more speaking to GWB, of course).

I can see GHWB doing what Obama reportedly did at the g20, helping China and France come closer to an agreement. ;-)

And HW certainly did a great job with the Iraq War (whatever you think of the aftermath, everyone on the planet was on our side)

My reading comprehension is fine, thank you.

A little reading comprehension would have saved you a lot of writing.  At no point did I ever suggest the prosecutors behaved appropriately, or that AG Holder was wrong to void the conviction.

And yet, you did write this:

The prosecution may have been a farce, but the facts against Stevens remain damning.  If Blagojevich got off because prosecutors didn't disclose something, do you think his impeachment should be rescinded? 

... which could suggest to a reasonable mind that you believe that Stevens ouster is justified by the means in which it occurred.

If you don't believe so, then you should set the record straight.  And if you don't beleive so, you really shouldn't have a problem with Palin's answer to the question that was posed to her.  Her answer erred on letting the voters of Alaska make the decision regarding who should represent them in the senate based on new facts that have come to light - not to mention, it referred to a purely hypothetical situation anyway, since we know that Begich will not resign of his own accord over this.  Democrats have no shame about keeping a tainted seat. 

Finally, if you don't believe that the end was justified by the means, then your outrage should not be focused on something that is purely hypothetical and has no realistic chance of happening, but rather, on something unethical and corrupt that actually did happen, something that tainted what should have been a free and fair election.

In the last few years, Tom Delay was forced out of office by a prosecutor that was unethical if not outright corrupt, and now another Republican, Stevens, has been forced from office by prosecutors that were undoubtedly unethical and corrupt.  Do you really want to encourage more of this?  If not, then perhaps you should focus on what was the real outrage of this whole affair.

thirteen28

You're a bonafide apologist, aren't you?  Are you going to pretend for even a minute that Stevens, and now Delay, don't have a pile of dirt heaped on them?  Do you think OJ is innocent, too?  While their trials were undoubtedly poorly conducted on the side of the prosecution, it's clear from a basic review of the evidence that they're guilty to some extent.

And while the techicality that sets Stevens free is absolutely egregious (I agree wholeheartedly), the pack of wild dogs on the "conservative" side that continually harp about criminals being let loose on a technicality don't have a very sophisticated view of what's legally at stake.  Yet a spade is still a spade.  And while you complain that an election was thrown as a result of this technicality, try to explain that to someone on death row who was convicted based on a technicality.  I think they've got it a bit worse than Stevens or the Alaskan electorate ever will because of this technicality.

I don't defend ANY

I don't defend ANY prosecutorial misconduct, especially in death penalty cases.  So drop that straw man, would you?

As far as Stevens and DeLay go, there is plenty to dislike about both of them (from the right, where I reside politically).  Stevens was a serious pork addict and was about as good a poster child for fiscal conservatism as Madonna is for chastity.  DeLay also did more than his fair share of damage to the Republican cause with his strong arming of votes for things like the Medicare Prescription Drug Benefit, the K Street project, and so forth (come to think of it, you liberals should have LOVED guys like Stevens and DeLay - they did great for your cause).  Nevertheless, nothing they've done has proven to be illegal.  The prosecution in DeLay's case hasn't even got so far as a trial yet, and some of his indictments were based on laws that weren't even on the books when he allegedly broke them.  Ronnie Earle is notorious for pulling cr@p like this.  He tried the same thing with Kay Baily Hutchison back in the 1990's, and after several unsuccessful attempts to even get an indictment, had his case tossed by the judge on the first day of trial. 

  In Steven's case, if the prosecution had such an airtight case against him, then why did hey have to commit such extreme misconduct to get a conviction (in front of a DC jury no less, where a conviction of a Republican isn't exactly the most difficult thing in the world)?  Bottom line, if you can't convict a Republican in front of a DC jury without witholding exculpatory evidence or getting the star witness to change his testimony, it probably means you don't have a case worth a cr@p in the first place. 

In short, there's no proof that either one of them are guilty of any felony at this point.  And that's the only question that matters as far as the judicial system is concerned.

Not doing what you're accused of is hardly a "technicality."

You keep using that word, "technicality."  I do not think it means what you think it means.  If the DOJ thought the evidence against Stevens was solid, they'd retry him.  They don't, so they won't.