Posted by Jonathan Adler:
Sen. Stevens Prosecutors Held in Contempt:
http://volokh.com/archives/archive_2009_02_08-2009_02_14.shtml#1234654598
The Washington Post [1]reports that district cort judge Emmett
Sullivanheld three DoJ lawyers in contempt for withholding information
from Senator Stevens' defense attorneys.
Stevens and his lawyers complained during the trial about
prosecutors withholding information. In December, they asked for
his conviction to be tossed out. As part of their request, they
asked for the documents related to Joy.
During yesterday's hearing, Sullivan repeatedly asked three Justice
Department lawyers sitting at the prosecution's table whether they
had some reason not to turn over the documents. They finally
acknowledged they did not, and Sullivan exploded in anger.
"That was a court order," he bellowed. "That wasn't a request. I
didn't ask for them out of the kindness of your hearts. . . . Isn't
the Department of Justice taking court orders seriously these
days?"
He said he did not want to get "sidetracked" by deciding a sanction
immediately and would deal with their punishment later. But he
ordered them to produce the material by the end of the day.
"That's outrageous for the Department of Justice -- the largest law
firm on the planet," he said. "That is not acceptable in this
court."
Sullivan held all three lawyers at the table in contempt and
demanded repeatedly to know who else was involved in withholding
the information. Another government lawyer sitting in the back of
the courtroom stood up and gave her name.
References
1.
http://www.washingtonpost.com/wp-dyn/content/article/2009/02/13/AR2009021303092.html
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