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 We tortured some folks. So? #2014in5words
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emptywheel @billmon1 No, really, the punch line is Evan Bayh. He's actually QUOTED in the torture report ... being a fucking moron.
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emptywheel RT @AlecMacGillis: When a player gets multiple concussions, knows what it means, but can't quit. Great @KVanValkenburg on Wes Welker: http:…
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emptywheel BREAKINGNOTBREAKING Evan Bayh is a chump. http://t.co/intM2rUXoC
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JimWhiteGNV Shocking! Oh, wait... RT @nytimesworld: Panel to Advise Against Penalty for C.I.A.’s Computer Search http://t.co/MqXeS8DWwV
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emptywheel @empiricalerror LOL. Wung it.
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JimWhiteGNV Tebow keeping it classy. In WalMart ads now. Sheesh.
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JimWhiteGNV Hmm. William Broad asks why silicon content of anthrax attacks not investigated better. http://t.co/kVd8i55k0V See https://t.co/29vuNgukNV
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emptywheel @GregoryMcNeal My bacon comes from a farm too small for a drone to find. #ObscurityInBacon
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JimWhiteGNV RT @emptywheel: When certain Tweeps or certain Gray Science Journos write about a topic it tends to raise suspicion, not allay it.
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emptywheel @GregoryMcNeal Give it 6 months and SJC Chair and CAFO fan will ban that.
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emptywheel @ErrataRob That was a long time ago, though, and a different President, so we don't have to worry about a rush to judgment.
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