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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bmaz RT @Sheeyahshee: If corruption is the entree, is criminalizing dissenting speech & critical journalism an appetizer or dessert? http://t.co
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JimWhiteGNV @AllenDeLaney Over the scoreboard! Right fielder never took a step, just turned around watching it fly.
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JimWhiteGNV @AllenDeLaney And a steal of home!
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bmaz @yaelwrites @Sheeyahshee Shahid? Trust me the man is GUILTY!!
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bmaz @yaelwrites Oh, it was my understanding that @Sheeyahshee is now a criminal!
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bmaz RT @F1Photo: Happy Birthday to Mario Andretti! Monza 1968, Mario's first F1 appearance. My dad's portrait of the man, magnifique! http://t.…
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JimWhiteGNV You can't fool @GatorZoneAlbert with those camo hats, Seawolves, he sees you in the dugout. http://t.co/VAMldQZFIY
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emptywheel RT @raif_badawi: Very Urgent: An official source told me that Raif Badawi maybe facing death penalty for apostasy again
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emptywheel @DavidKlion Agree. Not his fault he's talking to real people. @Bourdain
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emptywheel @DavidKlion @Bourdain's interviewees have not had an easy time of it, between Nemtsov and Rezaian.
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emptywheel @nickmanes1 Yup, I can imagine. And yet this prolly will happen in more systemic way some time (not just Meijer). People will panic.
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emptywheel Anthem Data Breach: How Safe is Health Information Under HIPAA?, CRS report via @saftergood http://t.co/1yIbS6INKr
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