Alaska House wants Stevens to be able to sue (Updated)

Posted by Alaska_Politics

Posted: April 8, 2009 - 1:13 pm

Comments (0) |

From Sean Cockerham in Juneau ---

The state House just passed a resolution asking the federal government to apologize to Ted Stevens and let him sue the Department of Justice.

It's a nonbinding resolution and carries only symbolic weight but passed with bipartisan support. (UPDATE -- The vote was 34 to 1. Anchorage Democratic Rep. Mike Doogan was the only member of the House to vote against it, saying that he felt the resolution assumes it was a political prosecution.)

Here's the resolution as passed:

HOUSE RESOLUTION NO. 10:

Expressing support for Senator Ted Stevens and severe displeasure and indignation with the federal government's deplorable investigation and prosecution of the Senator.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES:

WHEREAS United States Senator Ted Stevens' public service began with his military service during World War II; and

WHEREAS Senator Stevens served the State of Alaska for over 50 years as a United States Attorney, member of the Alaska House of Representatives and United States Senator; and
WHEREAS Senator Stevens was the longest serving Republican and seventh longest serving senator in the history of the United States; and

WHEREAS Alaska and its communities owe a debt of gratitude to Senator Stevens for his tireless efforts on behalf of the state; and

WHEREAS the United States Department of Justice has moved "to set aside the verdict and dismiss the indictment [against Senator Stevens] with prejudice"; and

WHEREAS the prosecutors in the case withheld information that should have been provided to the defense during the trial; and

WHEREAS the Department of Justice's prosecution team was found in contempt of court for wilfully failing to abide by the laws and procedures of the federal court; and

WHEREAS, under 5 U.S.C. 1502(a)(1) (Hatch Act), a federal "employee may not use his official authority or influence for the purpose of interfering with or affecting the result of an election"; and

WHEREAS questions have arisen as to whether provisions of the Hatch Act have been violated; and

WHEREAS the dismissal of these charges does not restore Senator Stevens' reputation and legacy or compensate Senator Stevens for his legal expenses and loss of future income; and
WHEREAS the federal government cannot be sued without its permission, except as
15 provided under 28 U.S.C. 1348 (Federal Tort Claims Act);

BE IT RESOLVED that the Alaska House of Representatives demands that the federal government grant Senator Stevens permission to sue the United States Department of Justice for redress; and be it

FURTHER RESOLVED that federal employees involved with Senator Stevens' prosecution be investigated for violations of the Hatch Act and, if found guilty, be subject to penalty under the Act; and be it

FURTHER RESOLVED that the United States Government should issue a formal apology to Senator Stevens and the People of Alaska for this heinous miscarriage of justice.

COPIES of this resolution shall be sent to the Honorable Barack Obama, President of the United States; the Honorable Joseph R. Biden, Jr., Vice-President of the United States and President of the U.S. Senate; the Honorable Eric H. Holder, Jr., Attorney General of the United States; and the Honorable Lisa Murkowski and the Honorable Mark Begich, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.

login or register to post comments