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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emptywheel Acc to CIA's official story, torture didn't start until after Jose Rodriguez became CTC head. So why is Cofer Black involved in pushback?
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JimWhiteGNV Debate in DC right now comes down to nothing more than whether the CIA is or is not subject to oversight. Sadly, I fear that "is not" wins.
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emptywheel Cofer Black Gets to Rebut Torture Report that Shouldn’t Include Him http://t.co/JFDmoh5cG3
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JimWhiteGNV RT @AdamSerwer: Former CIA chief George Tenet is trying to discredit the Senate report on torture because it makes him look bad http://t.co
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emptywheel The things you shouldn't have to do on a Saturday morning; Consult Rizzo and Rodriguez' novels.
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emptywheel "Tenet is...relying on his close relationship with Mr. Brennan" to be able to craft "response" to torture report. http://t.co/0tYEznK4pM
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emptywheel Wondering how many of the 5 quarts of tart cherries I brought home I can get spouse to pit in exchange for one pie?
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emptywheel @moselmensch Did not know that--think the diner was gone by the time I ever went into KMart. @MichiganHist
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emptywheel @PaulBaer1 Egads. You're right: 10 extra characters to weasel!
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bmaz @dbaich @azcentral So, they planned a two hour long death process? Uh huh, sure. Charles Ryan just comes off as sick saying that.
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bmaz RT @HaroldItz: I love the idea of calling a 12 hour ceasefire a "humanitarian pause." After 12 hours they resume being inhuman. #Gaza #Isra
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bmaz @GregoryMcNeal @WSJ Neat story, but pretty stiff ticket for the watch
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