William Welch Probably NOT One of the Attorneys Who Engaged in Gross Prosecutorial Misconduct in Stevens Case

As Ryan Reilly reported, Judge Emmet Sullivan is moving forward with his plan to release the scathing report on the Ted Stevens prosecution showing the prosecution was “permeated by the systematic concealment of significant exculpatory evidence.”

Back when descriptions of this report first surfaced, I asked, “Why Is William Welch, Whose Team Is Accused of Intentional Prosecutorial Misconduct, Still at DOJ?

Given Sullivan’s latest order, I think the answer must be that Welch is not one of the four DOJ lawyers most badly implicated in the report. That’s because DOJ, which after all still employs Welch to prosecute whistleblowers, had no objection to the report being released on March 15.

The Department of Justice’s Notice advised the Court that it “does not intend to file a motion regarding Mr. Schuelke’s report” and that “[t]he government does not contend that there is any legal prohibition on the disclosure of any references in Mr. Schuelke’s report to grand jury material, court authorized interceptions of wire communications, or any sealed pleadings or transcripts that have now been unsealed.” Notice of Dep’t of Justice Regarding Materials Referenced in Mr. Schuelke’s Report, at 1-2 (“DOJ Notice”). In addition, the Department of Justice informed the Court that it was not asserting any deliberative process or attorney-work product privilege with respect to the information contained in Mr. Schuelke’s Report.

Criminal Division head Lanny Breuer has already proven himself more than willing to hide the misconduct of his prosecutors; I have no doubt he’d do so here if it badly implicated any of his current attorneys.

So I’m guessing–though that is a guess–that Welch is not one of the four fighting to prevent this release.

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9 Responses to William Welch Probably NOT One of the Attorneys Who Engaged in Gross Prosecutorial Misconduct in Stevens Case

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JimWhiteGNV RT @nomiprins: This just in - My FDL Book Salon for All the Presidents' Bankers Apr. 26 to be hosted by @WilliamKBlack! http://t.co/LXIX656
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JimWhiteGNV The catcher didn't.
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bmaz @dmataconis I mean, murder, assault, rape etc, absent a fed person victim are simply common law state crimes. Period.
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bmaz @dmataconis Yep. Agree about Fed HC laws too. Unnecessary+just gives them path to bigfoot and steal jurisdiction from states where belongs.
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bmaz @dmataconis I just object to relative valuation of different victims. Is crime really worse because defendant shouted an epithet?
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bmaz @dmataconis Exactly. To extent its relative, mental state already in play in elements of underlying crime.
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bmaz @dmataconis Note that the Supreme Court has heard my arguments+found hate crimes constitutional in their face. I am prob in minority here.
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bmaz @dmataconis Also fairly leery of the 1st Amnd/thought crime aspects. The crime is the thing; mental state already an element for culpability
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bmaz @dmataconis Because are often separate crimes, not merely sent. considerations. And still the issue are some victims inherently worth more?
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emptywheel RT @ZaidJilani: @jaketapper @peterdaou Compared to West, Texas, there is definitely an imbalance
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emptywheel @SarahKnuckey Isn't an attack on KSA the same as an attack on the US?
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