Letter to Attorney General Holder

Letter

Senator Kay Bailey Hutchison (R-TX) and Senator Lisa Murkowski (R-AK) today released a letter they sent to U.S. Attorney General Eric Holder regarding their concern over prosecutorial misconduct in the case involving the late Senator Ted Stevens (R-AK). A copy of the letter is below.

March 14, 2012

The Honorable Eric H. Holder, Jr.
Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530-0001

Dear Attorney General Holder:

Thank you for testifying before the Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies last week in which we expressed great concern over the prosecutorial misconduct in the case involving the late Senator Ted Stevens.

We commend you for dismissing the case and thought it appropriate that after your request for dismissal, U.S. District Judge Emmet Sullivan appointed a team to investigate and report on the misconduct. When he vacated the conviction, Judge Sullivan stated that he had "never seen mishandling and misconduct like what I have seen." The resulting report from the investigation is due on March 15, 2012. Like many others, we eagerly await the results.

We also understand that the Office of Professional Responsibility is conducting an investigation and will issue a separate report, possibly recommending personnel and disciplinary actions. Upon that report's release, we ask that you hold the individuals involved accountable for their conduct and misdeeds if warranted, and that you make public the report and the course of action you intend to take.

It is especially troubling that this investigation involves the former head of the Public Integrity Section. Public integrity prosecutors should be held to the highest of standards. We are appalled that taxpayer dollars ($1.8 million) have been used to defend them. According to your testimony, these individuals are still employed at the Department of Justice.

It is our understanding that some of the individuals in question have been participating in high-profile cases since this misconduct became public. One in particular was a high-profile public corruption bribery case in Alabama involving state legislators, where all six defendants were acquitted just last week. After the flagrant and possible criminal mishandling of evidence in the Stevens case, we are disturbed that you would allow these individuals to continue to participate in any case representing the Department of Justice.

To ensure America's trust in the federal criminal justice system, we ask that you remove these individuals from any legal matters, or the handling of any evidence, if you have not already done so. The Memorandum Opinion by Judge Sullivan indicates that they knowingly withheld information that would have shown Senator Stevens' innocence. It is unconscionable to think that employees of the Department of Justice would knowingly tamper with a trial. This undermines our system of justice and should not be tolerated.

We would appreciate an update from you on what positions these individuals have held, or now hold, within the Department of Justice.

Thank you for your attention to this important matter, and we look forward to your reply.

Sincerely,

Kay Bailey Hutchison
Lisa Murkowski

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