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 @goldietaylor Wow. Mind blown. Will have to do that soon.
emptywheel How can you have Green Bean Poutine for Thanksgiving? Doesn't Canada still have the Queen on their money? https://t.co/4KGDbxuCNn
JimWhiteGNV @goldietaylor Wait. My Mom always served hers cold. Do you eat it warm or room temp?
emptywheel @JimWhiteGNV Maybe I'll Tandoori 13 of my enormous bird, which will still leave me more bird than I planned on baconning. . . . . . . Nah.
emptywheel RT @ModFarm: It wasn't on the first #Thanksgiving table. So, why is #cranberry sauce a turkey-day staple? https://t.co/6YrHzwIkYd https://t…
emptywheel @HuyTDo I'm sure they were. Point being Paris terrorists didn't avail themselves of Snowden revelations for OpSec tips @matthew_d_green
bmaz @ZoeTillman Restrepo??
bmaz @dmataconis Exactly, Candy! Does nobody else remember this??
bmaz @jaketapper Happy Thanksgiving Mr. Tapper.
bmaz Wherein @IlyaSomin is exactly correct: https://t.co/6tHdNeSENm
bmaz @IanPGunn @WALLACHLEGAL @LSPReport Seconded. Excellent work.
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