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REPLY TO THREAD
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Alaska Senator Ted Stevens Wants the Charges Against Him Tossed Out
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Original Message
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Stevens says the FBI violated his rights when it questioned members of his congressional staff.
In response to Stevens's request, the government is firing back with more allegations against him.
Stevens is charged with failing to report thousands of dollars worth of gifts he allegedly received from VECO Corp.
On Thursday, his attorney argued those charges should be thrown out.
The prosecution responded saying it will show evidence that Stevens asked for jobs for his family members at VECO and was given a back up generator for his Girdwood home from Bill Allen.
Mark Rosenbaum, a former assistant U.S. attorney read the motions filed Thursday.
"I got to say these are very well crafted motions," said Rosenbaum.
Included was a motion in which attorneys argue the FBI investigation interfered with Senate business when authorities questioned Senate aides.
Written in the motion was "the indictment should be dismissed in its entirety because the grand jury was tainted by protected material."
"This is the only way the defense can get a look at the grand jury transcripts. They are kept secret under the federal rules and are not disclosed except for specific reasons under specific circumstances and what they have alleged in this motion would be the basis for one of those exceptions of getting access to the grand jury transcripts," said Rosenbaum.
One of the most interesting things filed on Thursday was Steven's attorneys asking again that the charges be dismissed because it violates the separation of powers. The motion read, "only the Senate may discipline a Senator for violating Senate rules."
"Congress has the soul authority to impose discipline on its members but Congress is also the same group of folks that enacted the bribery statue," said Rosenbaum.
After the defense weighed in, next up was the prosecution.
The government says it will show Stevens made more than $100,000 in a real estate deal after getting a $31,000 loan from a friend. They claim the whole thing never reported on his 2001 Senate financial disclosure form.
In addition, the list goes on with allegations that Stevens requested things of value to benefit two of his children and a grand child. He also asked Bill Allen for a back up generator for his Girdwood home.
The government says it will also show that Stevens had "a consciousness of guilty" in his communications between him and a personal friend.
Part of Ted Steven's case is similar to an argument made by a Louisiana Congressman.
Representative William Jefferson will go on trial for bribery and racketeering charges this December.
In his case, he is arguing the FBI violated the constitution by searching his Capitol Hill office, violating the separation of powers.
However, on Wednesday, a federal judge rejected Jefferson's argument.
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