Lugubrious Tales Of Woe

Zack Roth catches Chris Matthews mistaking Eric Holder's dismissal of charges in the Ted Stevens case, due to prosecutorial misconduct, with the notion that Stevens was completely innocent and the charges should have never been filed.



It's no surprise that Matthews has no idea how the criminal justice system works. And of course, the rest of the Village establishment has taken up for their pal Ted as well, deliberately misreading yesterday's events and intoning gravely how this honorable man has been "besmirched."

George Stephanopoulos of ABC News (via Twitter): "Whatever your politics, hard not to feel for Ted Stevens."

Sen. Jeff Sessions (R-AL): "This incredible man, he served his country well, he was a power player ... he took care of Alaska."

Sen. Robert Bennett (R-UT): "We're delighted that it's been demonstrated that Ted was telling us the truth all along. (Ed: Needless to say, nothing of the sort was demonstrated.) Obviously, we're a little disappointed that this didn't come out before the election....I think he can get his reputation back. I don't know where he goes to get his legal fees back."

Sen. Orrin Hatch (R-UT): "Here's a guy who gave 60 years of service to this country, and he was screwed [by federal prosecutors] ... How does he get his reputation back?"

Sen. Jon Kyl (R-AZ): "That's why we have the presumption of innocence ... I never called for him to step down or resign or anything like that. I think those who did might regret it now."

Sen. Lisa Murkowski (R-AK): "[I am] deeply disturbed that the government can ruin a man's career and then say, 'Never mind.'"

Sen. Daniel Inouye (D-HI): "I didn't tell him this, but, you know, he's really suffered ... I don't want to use the word 'angry,' but I'm just disappointed that prosecutors were involved in that type of misbehavior ... Lawyers' fees are not cheap. He'll have to work the rest of his life."

As Roth notes, the bulk of these quotes appeared in "responsible Beltway publications," without being challenged or balanced with a statement of the plain fact that nothing in the dismissal of the suits admits Stevens' innocence.

For the record I think Holder did the right thing. The prosecutors clearly committed misconduct and that shouldn't go by without consequences. I also hope this is just the beginning of restoring the assault on the rule of law committed at the highest levels of the Justice Department, and Don Siegeleman's phone should be getting a ring shortly.

But this is classic Village behavior. Their friend, the guy they see shopping at the Safeway all the time, gets off on a technicality, and the collective water works come out, and these encomiums, these tales of woe. Meanwhile thousands of people are railroaded all the time in the criminal justice system, a key piece of our failed prison policy. But of course the Village doesn't KNOW those folks.

...and the Alaska GOP thinks we should rerun Stevens' Senate election. Can't wait to see that in Ruth Marcus' column shortly.

Holder Releases The Hulk

Liberals are likely to be upset about news that Eric Holder is dismissing the indictment of Ted Stevens, but I'd advise them to read Holder's statement.

"In connection with the post-trial litigation in United States v. Theodore F. Stevens, the Department of Justice has conducted a review of the case, including an examination of the extent of the disclosures provided to the defendant. After careful review, I have concluded that certain information should have been provided to the defense for use at trial. In light of this conclusion, and in consideration of the totality of the circumstances of this particular case, I have determined that it is in the interest of justice to dismiss the indictment and not proceed with a new trial.

"The Department's Office of Professional Responsibility will conduct a thorough review of the prosecution of this matter. This does not mean or imply that any determination has been made about the conduct of those attorneys who handled the investigation and trial of this case.

"The Department of Justice must always ensure that any case in which it is involved is handled fairly and consistent with its commitment to justice. Under oftentimes trying conditions, the attorneys who serve in this Department live up to those principles on a daily basis. I am proud of them and of the work they do for the American people."

Christy Hardin Smith has more about the shoddy work from prosecutors in this case, which probably would have caused a reversal on appeal somewhere down the line. Prosecutors failed to turn over exculpatory information to the defense, which is simply inexcusable. Christy writes:

Using this case as an example of what will NOT be tolerated is as good a place to start as any for Holder.

It is beyond disgusting that a skeezeball like Ted Stevens can walk away from all the pocket-lining he did whilst in office because the prosecutors on the case were too craven to follow basic legal principles. But there you are. The vaunted DOJ has fallen to such a level, and it will take an enormous amount of work to lift it back up to where it ought to be.

Here's to much more internal review and reform to come at DOJ.

Whether you think attorneys bungled the case intentionally because Stevens was a Republican or not (the lead prosecutor was a career hire, so I don't agree; they just screwed up and should be fired, actually), it is distasteful to allow justice to be perverted in this way. Put it this way - Alberto Gonzales wouldn't dismiss this case if it involved a Democrat, and it would have been overturned in court, and they would look silly. Holder needs to exercise some equanimity in this regard - Don Siegelman's case deserves a look - but the rule of law is more important than an old coot in Alaska.

My Biggest Mistake Was Not Explaining How Russia's Proximity To Alaska Made Me A Foreign Policy Guru, Again

I have to be reading this wrong:

GIZZI: What was the biggest mistake made in the ’08 campaign?

PALIN: The biggest mistake made was that I could have called more shots on this: the opportunities that were not seized to speak to more Americans via media. I was not allowed to do very many interviews, and the interviews that I did were not necessarily those I would have chosen. But I was so thankful to have the opportunity to run with John McCain that I was not going to argue with the strategy decisions that some of his people were making regarding the media contacts?

But if I would have been in charge, I would have wanted to speak to more reporters because that’s how you get your message out to the electorate.

Umm, there's a highlight reel around here somewhere that might contradict the gentlelady from Alaska on this one...

I mean, maybe as a journalism major and former TV anchor she wanted to resurrect the careers of more reporters than just Katie Couric, maybe that was her point...

I love this answer too, showing that she was DYING to appoint someone (herself?) into the US Senate:

GIZZI: You made it clear in our interviews earlier this year that you were not close to fellow Republicans Sen. Ted Stevens and Rep. Don Young from your state, both of whom you said had a different vision of Alaska’s dealings with the federal government than you did. Were you pleased with the election of Democrat Mark Begich who defeated Stevens and with the re-election of Rep. Young?

PALIN: I met yesterday with Sen.-elect Begich to see that we are on the same page as we move forward as he starts his new job representing Alaska.

I thought that Sen. Stevens was going to be re-elected, and it was so close, and that if he were to step aside because he was convicted [on corruption charges], then I would get to appoint a Republican. So I was kind of surprised at the outcome there.

...I was kind of surprised that I wasn't able to play queenmaker there...

Meanwhile, the group still supporting Palin seems to be a lovely bunch.

Mark Begich (D-AK)

Mark Begich is pulling away in the latest counts in the Alaska Senate race. His vote lead over ConvicTed Stevens has grown to 2,374, and there are only 14,000 or so left to count. 538 has called it:

Stevens would have to win by a margin of over 25% of the outstanding ballots to tie Begich.

That would require something of a Gravelanche.

Currently, Begich leads by 0.77%, which is outside the free 0.5% recount zone. The recount fee is a paltry $15,000, not a sum Stevens has ever had trouble acquiring via one means or another. Given his likely expulsion by either the Republican caucus or the U.S. Senate as a whole (though we are in "reconciliation" mode, so who knows?), it seems unlikely anyone besides Stevens himself would have the desire to pursue such action. Still, the Anchorage Daily News calls such a recount "likely."

Congratulations, Senator Begich.

I think the Alaska Republicans would step in to stop a recount that would most likely be unsuccessful. No reason to stick with a felon any longer than you have to.

No wonder the Senate Republicans deferred the question of expelling Stevens from the caucus today. The writing was on the wall.

UPDATE: NBC and the AP have both called it for Begich. That's 57 Democrats in the Senate. (58 if you want to count Lieberman)

AK-Sen: Every Vote Counts

We've been following the Ted Stevens/Mark Begich race in Alaska, which initially seemed to be more than a little strange, what with its low turnout despite the first Alaskan on a major-party Presidential ticket in history. Well, they kept finding extra votes, not a few at a time but thousands and thousands of them, so that the turnout is relatively in line with expectations, though still low (of course, the Presidential race was essentially called at 4pm local time, so some drop-off can be expected). And they've started to count those votes. And based on the latest tally, Begich leads by three.

Not three points. Three votes.

I don't know if that includes Track, Bristol, Willow, Trig, Twig, Salad Spinner, Lipitor or Stag Tunnel Palin, who is the crucial swing vote.

There are still about 40,000 votes left to count, and they apparently favor Begich.

Anything that keeps Sarah Palin out of the US Senate and all over cable news where she apparently belongs is a good thing.

If You Don't Know, Alaska Where Your Ballot Is

I concur with Nate Silver that something is definitely fishy about the Alaska numbers. Nowhere else in the country did the pre-election polls so wildly differ from the post-election reality. Don Young and Ted Stevens, one unspeakably corrupt and the other a convicted felon, both won their elections, apparently, despite being down by double digits in the pre-election polls. I thought there might be a backlash against the "Washington elite libruls" who punished Stevens with a conviction, but that doesn't explain Young. And it certainly doesn't explain this:

Indeed, it seems possible that the number of "questionable" ballots could be quite high. So far, about 220 thousand votes have been processed in Alaska. This compares with 313 thousand votes cast in 2004. After adding back in the roughly 50,000 absentee and early ballots that Roll Call accounts for, that would get us to 270 thousand ballots, or about a 14 percent drop from 2004. It seems unlikely that turnout would drop by 14 percent in Alaska given the presence of both a high-profile senate race and Sarah Palin at the top of the ticket.

More than unlikely. Now, I know the outcome of the Presidential race was apparent by about 4pm local time there, but you would think having a native son (well, daughter) on the ballot would seek to counteract any depressed turnout.

Shannyn Moore has a great write-up on this. And Digby says what we're all thinking:

If this were coming from anywhere but the state that had legislators who proudly belong to something they called the "Corrupt Bastards Club" (with hats!) I would adopt a wait and see attitude. As it is, I have no problem saying that this stinks to high heaven and is probably exactly what it looks like.

Something's very, very wrong.

Vote Begich!

The polls I've seen show that Mark Begich is poised to defeat Ted Stevens tomorrow, but if he doesn't it's important to recognize what scenario would result. Stevens would be expelled from the Senate. There's no doubt about it.

Roll Call reports today that Senate Majority Leader Harry Reid (D-Nev.) has no intention of letting Stevens' career go forward, even if he manages to win on Election Day: "In a bluntly worded release from his office, Reid warned that Stevens would not only face an ethics investigation but also expulsion proceedings regardless of his efforts to appeal the convictions."

The release from Reid's office doesn't leave much in the way of ambiguity.

While I understand that Senator Stevens is fighting for his political career, you don't have to go any further than the comments of:

* Senate Republican Leader Mitch McConnell who said there would be zero tolerance for a convicted felon in the United States Senate

* NRSC Chairman Senator John Ensign who said Senator Stevens'career has ended in disgrace;

* Or Republican Presidential candidate Senator John McCain who said it is clear that Senator Stevens has broken his trust with the people and should now step down.

And so his victory and subsequent expulsion would give Sarah Palin the ability to select a member of the United States Senate. And even if she managed to not choose herself, do you trust her to do the right thing?

Vote Begich.

AK-Sen: I Do Not Think It Means What You Think It Means

To Ted Stevens, being convicted on seven counts of making false statements means that you haven't been convicted of anything.

"I've not been convicted yet," Stevens said Thursday in a meeting with the editorial board of the Fairbanks Daily News-Miner. "There's not a black mark by my name yet, until the appeal is over and I am finally convicted, if that happens. If that happens, of course I'll do what's right for Alaska and for the Senate. ... I don't anticipate it happening, and until it happens I do not have a black mark."

Stevens reiterated that position during a televised debate late Thursday night, declaring early in the give-and-take with Anchorage Mayor Mark Begich, "I have not been convicted of anything."

Here's the deal. You can appeal, but as of right now, you actually have been convicted. The part where the jury came into the courtroom and found you guilty? That was part of the whole conviction thing.

In other news, apparently Saddam caused 9/11. But it's a secret!

MODERATOR: Knowing what you know now, do you think that the country of Iraq and Saddam Hussein played a role in the 9/11 attack on the United States?

STEVENS: I know more than you think I know, and I believe they did.

BEGICH: I don’t believe they did.

At least he's not only deeply in denial about his own conviction.

Support Mark Begich.

...The Anchorage Daily News, which has been a great paper on the Palin/Troopergate affair, endorsed Begich today.

AK-Sen: Toobz Banking On The Backlash

Others can speak to their more personal experiences with Alaska, but I'll tell you, this is exactly what I expected to happen upon his (triumphant?) return.

But the crowd at his Anchorage rally seemed to harbor little doubt that Stevens, who showed flashes of both humility and defiance, would beat his challengers. They include Anchorage Mayor Mark Begich, a Democrat, who was holding a dueling rally at a union hall at the same time as Stevens' event.

There was undisguised hostility toward the federal government and the FBI at the Stevens event, with people wearing T-shirts that said "F*#@ the feds, vote for Ted."

"Anyone who thinks you can get a fair trial in the heart of liberalism, Washington, D.C., is smoking dope. He was railroaded," said Mark Kelliher, a retired engineer.

Talk radio host Rick Rydell told the crowd he knows Stevens, a D.C. jury doesn't.

"I don't particularly like it when outsiders tell me what to do," Rydell said, before Stevens took the stage. "You can kiss my Alaska moose-hunting behind."

This is just backlash politics played perfectly. The fact that Stevens has spent the bulk of the past FORTY years in Washington as a US Senator is apparently besides the point.

Obviously being convicted of a felony is a strike against your record, but it would probably be more damaging to an unknown back-bencher instead of the guy who the Anchorage airport is named after. Stevens still has a really good chance to win, even though his Republican colleagues are publicly telling him to resign. And we know that there's a credible scenario of electoral victory followed by resignation that could lead us to Senator Sarah Palin.

So help out Mark Begich if you can. He's at the Blue America page.

Later Ted

Mitch McConnell says bye-bye.

Senate Minority Leader Mitch McConnell is calling on Ted Stevens to resign from the Senate – and warning that the longest-serving Republican senator in history will face certain expulsion if he doesn’t leave on his own first.

McConnell, locked in a tough reelection fight in Kentucky, did not call for Stevens’ resignation in his initial statement on the Alaskan’s conviction on seven federal felonies Monday.

But Republican Sens. John McCain, Norm Coleman, Jim DeMint, John Sununu and Gordon Smith and Democrat Barack Obama all called on Stevens to resign Tuesday.

And by the time a reporter from the Lexington Herald-Leader put the question to him at a campaign stop Elizabethtown, Ky., Tuesday night, McConnell was ready to say that Stevens must go, too.

"I think he should resign immediately," McConnell said. "If he did not do that ... there is a 100 percent certainty that he would be expelled from the Senate."

I think McConnell's re-election race has a lot to do with this, and after the election quite a few Republicans are sure to go back on their word, but let's say it doesn't look good for Hulk.

At this point, how do you remain on the campaign trail? Isn't that just a total insult to your supporters? I guess it's just garden-variety obstinacy.

McCain Cuts Stevens Loose

That was quick:

Yesterday, Senator Ted Stevens was found guilty of corruption. It is a sign of the health of our democracy that the people continue to hold their representatives to account for improper or illegal conduct, but this verdict is also a sign of the corruption and insider-dealing that has become so pervasive in our nation’s capital.

It is clear that Senator Stevens has broken his trust with the people and that he should now step down. I hope that my colleagues in the Senate will be spurred by these events to redouble their efforts to end this kind of corruption once and for all.

Someone might want to ask his running mate, the former head of a Ted Stevens PAC and frequent companion on the campaign trail in 2006, whether or not she agrees.

Series Of Tubes Fallout

Obviously when you have a convicted felon in the United States Senate, there is a tendency for those colleagues in his party to run screaming in the other direction. RedState did so today by endorsing Ted Stevens' opponent, Mark Begich, in the Senate race in Alaska.

Stevens cannot be taken off the ballot - that deadline has passed. There's no doubt that he'll keep running; at the trial today he was seen to mutter "it's not over" as he walked out of the courtroom. He thinks he's larger than life and the world owes him. This is his race to lose. And I think he will, but there's a chance that enough Alaskans say "why that big-city jury up there in DC did our Uncle Ted wrong, let's show 'em!" At which point he would almost certainly be expelled from the Senate once sentenced, or forced to resign himself, and probably the latter.

Which could lead us, as I said, to Senator Sarah Palin, who did the full dodge today about the issue:

"This is a sad day for Alaska and a sad day for Senator Stevens and his family," she said on the tarmac at Richmond International Airport. "The verdict shines a light on the corrupting influence of the big oil service company up there in Alaska that was allowed to control too much of our state. And that control was part of the culture of corruption that I was elected to fight, and that fight must always move forward regardless of party affiliation or seniority or even past service.

"As Governor of the State of Alaska, I will carefully now monitor the situation and I'll take any appropriate action as needed. In the meantime, I ask the people of Alaska to join me in respecting the workings of our judicial system and I'm confident that Senator Stevens from this point on will do the right thing for the people of Alaska," she also said.

Palin did not respond when asked if she will vote for Sen. Stevens and promptly boarded the campaign plane.

Obviously, this has swamped the news cycle and again frustrated any attempt for McCain to recalibrate the race.

Another amusement - Stevens, as a convicted felon, cannot vote for himself.

UPDATE: Looks like Stevens is being cut loose:

National Republican Senatorial Campaign Committee Chairman John Ensign (Nev.) offered a strong condemnation of Stevens and seemed to hint that this conviction would lead to his defeat.

"This is a sad day for the United States Senate," said Ensign. "Ted Stevens served his constituents for over 40 years and I am disappointed to see his career end in disgrace."

Bye Ted.

Go To Jail

Go directly to jail.

Alaska Sen. Ted Stevens has been convicted of lying about free home renovations and other gifts he received from a wealthy oil contractor.

The Senate's longest-serving Republican, Stevens was found guilty on all seven counts of making false statements on Senate financial documents.

The verdict throws the upcoming election into disarray. Stevens is fighting off a challenge from Democrat Mark Begich and must now either drop out or continue campaigning as a convicted felon.

"Campaigning as a convicted felon." Or, if you like, as a Republican.

This seat needs to go firmly in the hands of the Democrats now. It's either Senator Begich or Senator Palin. She would absolutely replace Stevens with herself.

... You can support Mark Begich at Blue America.

I Loaned My Landlord The Rent Money

Ted Stevens' testimony ended yesterday, and I think he basically admitted guilt on at least one count.

The senator, who testified earlier that he never received free home renovations, told jurors in his federal corruption trial that he wished he had called police when a business executive replaced furniture in his Alaska home with bulky items damaged by cigarette burns.

Stevens, 84, one of the most powerful Republicans in the Senate, added that he tried to refuse the $2,700 massage chair as a gift from another friend in 2001. The Brookstone chair remains in the basement of his Washington home -- on loan, Stevens said.

"We have lots of things in our house that don't belong to us," said Stevens, who is seeking reelection to a seventh full term. "I let him put it in our basement at his request."

I can't tell you how many times business executives insist that they leave expensive gifts in my home. They're not "mine," of course, and I feel sheepish about using them, but as long as the Jacuzzi is on loan, everything's above board.

Closing arguments will be presented today, and we may have a verdict by the end of the week. This has kept Stevens from campaigning in Alaska, but if he ends up being found innocent, I think he sweeps to victory. If he's guilty, he loses. It's the October Surprise we know. Mark Begich doesn't have a lot of control over the matter.

The House And Senate Picture

Just wanted to update the look of things in the Congress (outside of California this time):

• MN-Sen: Al Franken has surged ahead of Norm Coleman and looks like he's going to take this one in Minnesota. The Coleman campaign tried to drive up Franken's negatives over the summer by scrutinizing some ticky-tack tax statements, all of which had very simple explanations. This turned out to be a fatal mistake considering all of the skeletons in Coleman's financial closet, especially all the gifts he receives from lobbyists and contributors - his rent, his utility bills, and even his CLOTHING. This led to an excruciating press conference where his spokesman was resigned to repeating "The Senator has reported ever gift he's ever received" over and over. Wow, what a flameout.

• AK-Sen: In Alaska, however, I'm not nearly as sure of this one as I was. The prosecution has been so incompetent in the Ted Stevens corruption case that the judge tossed out key evidence and the defense will again call for a mistrial. If Stevens is exonerated, whether through mistrial or acquittal, there will be a significant rebound in his poll numbers, and he's already nearly even right now. This ad from the DSCC is good, but I'm not sure it'll be good enough. I think Mark Begich is in some trouble.

• NC-Sen: VoteVets is back. They've revived their wildly successful body armor ad and set their sights on Elizabeth Dole. It's just as powerful as it was in 2006.



Liddy Dole is toast.

• ME-Sen: Interesting happenings in Maine. Susan Collins was popular enough for national Democrats to kind of leave the Tom Allen challenge for dead, but the twists and turns in the economic picture makes any Republican toxic. Sensing the changing winds, Planned Parenthood, which has endorsed Collins in the past as a bone to throw to a Republican for a couple good votes, turned around and endorsed Allen. Recent polls are tightening and there really could be a late rush.

• GA-Sen: I knew the polls were very close in Georgia, and nobody deserves to lose more than Saxby Chambliss, who unleashed that shameful ad in 2002 relating Max Cleland to Saxby Chambliss, but I didn't know a lot about Jim Martin the person. Turns out he's a progressive in Georgia:

With little money, but with a lot of gumption, energy, and a truly progressive message, Jim Martin has closed to a dead-heat in this race. He is pro-choice, pro-gay rights (supports ENDA and LLEA), a consumer advocate, committed civil libertarian (with ACLU awards for his efforts), opposes FISA telecom immunity, opposes the war in Iraq, is a strong environmentalist, a strong labor guy, a strong supporter of affirmative action, and so on. He is also a Vietnam vet, so perhaps he's destined for a Chambliss Special, but we can get his back. This is the kind of Democrat we can't even get in some Blue states, yet running on an explicitly progressive agenda, has a chance to represent the great state of Georgia while ousting the odious Chambliss at the same time.

If he can pull it off, it would be a clarion call that progressives can win anywhere and Democrats shouldn't be afraid of standing up for their policies.

• House of Reps.: I can't keep up with all the developments in the House - that's what Howie Klein is for. But what is clear is that the Republicans have a ton of seats to defend, more every day, and not a lot of cash to do it. That's why their campaign arm, the NRCC, is taking out an $8 million dollar loan to compete. Wait, House Republicans can GET A LOAN? In this credit market?

Series Of Tubes In A Series Of Trouble

I don't think you can sound more guilty than this if you tried.

Sen. Ted Stevens told wealthy businessman Bill Allen they needed to stick together and "really lay low" to beat an FBI investigation into their cozy relationship, according to audiotapes played Monday at the senator's corruption trial.

"Screw them, if they prove we did something wrong," the senator says in one of a series of secretly recorded telephone calls in the fall of 2006. "In my heart, I don't think we did. ... I say, screw it."

Stevens, unaware Allen already was cooperating with investigators, advises him, "We ought to really lay low right now." He also tells him to cut down on drinking, watch his health and await the outcome of the probe into more than $250,000 in renovations on the senator's cabin and other gifts provided by Allen's oil pipeline company, VECO Corp.

"Let's stick this thing out together, OK?" Stevens says.

Accused of lying on Senate finance disclosure forms to conceal the gifts, Stevens repeatedly — and sometimes profanely — asserts his innocence on tape. But he also tells his old friend he's worried about the appearance of wrongdoing and even warns that they might be under surveillance.

"I think they're probably listening to this conversation right now," Stevens says in the recording.

"We might have to pay a fine and spend a little time in jail," he continues. "I hope it doesn't come to that."

Is it worse that Stevens, a lawmaker, considers justice to be determined entirely in his head, or that he suspects that he's under surveillance yet CONTINUES to incriminate himself?

Either way, this looks horrendous for Stevens. Go Mark Begich. You can actually listen to the tapes, which is good for at least an hour of amusement, at this link (scroll to the bottom).

Sorry, Alaska Republicans

For Sarah Palin, the news is that the Troopergate investigation will continue.

An Anchorage judge today refused to halt the Legislature's investigation of Gov. Sarah Palin and denied the state attorney general's attempt to throw out legislative subpoenas [...]

Judge Peter Michalski said the Alaska Legislative Council can move ahead with its investigation, including having the state Senate Judiciary Committee subpoena Palin aides to testify.

“It is legitimately within the scope of the Legislature's investigatory power to inquire into the circumstances surrounding the termination of a public officer,” Michalski wrote in his ruling.

The aides (and Todd Palin) will be subject to criminal prosecution if they fail to comply with the subpoenas now.

And for Ted Stevens, the judge has rejected the motion for a mistrial over federal prosecutors withholding potentially exculpatory documents about their star witness:

After hearing heated arguments from lawyers Thursday afternoon, U.S. District Judge Emmet G. Sullivan turned down motions from Stevens' lawyers to dismiss charges against the senator or to declare a mistrial.

The judge had sent the jury home for the day after the defense accused prosecutors of suppressing evidence that could help the veteran lawmaker prove he was innocent.

I'm assuming they'll put Bill Allen, the witness, back on the stand so that the information can be released to the jury. Still, this was Stevens' best shot to close the case.

Series of Tubes Saved?

The Ted Stevens trial hit a snag yesterday. Star witness Bill Allen has been pummeling Stevens' credibility by admitting that he gave Stevens thousands of dollars in gifts that were never paid for or disclosed. Allen's testimony really makes this a simple case. But prosecutors failed to turn over the FBI reports in a timely manner, angering the judge and leading the defense to call for a mistrial. They're claiming that the prosecution is withholding evidence.

The judge sent the jury home and is hearing arguments from both sides. I don't think the case will be dismissed, but there is that possibility, I suppose.

AK-Sen: Toobz Trial Day 1

Day 1 of the Ted Stevens trial, the first with a sitting member of the US Senate in a long time, yielded some surprises. First we learned that Stevens used his corporate benefactor as a "handyman" service:

WASHINGTON - Sen. Ted Stevens used one of Alaska's biggest employers as his "own personal handyman service" and never paid Veco Corp. for hundreds of thousands of dollars' worth of renovations to his home, a federal prosecutor charged Thursday as she outlined the government's case for finding the Alaska Republican guilty of lying on financial disclosure forms.

"You'll learn that the defendant never paid Veco a dime for the work on the chalet. Not a penny," the Justice Department's lead prosecutor, Brenda Morris, told jurors in the opening minutes of Stevens' trial [...]

But prosecutors said the jury will also hear from many of the people who did the work on Stevens' Girdwood home, Morris said, referring to the A-frame cabin as the "chalet," as the senator did. Morris said they will describe how even though Stevens paid subcontractors with whom he didn't have a personal relationship, he never paid Veco for its work, thanks to his close connections to the company's founder.

"If the defendant needed an electrician, he contacted Veco. If the defendant needed a plumber, he contacted Veco," she said. "We reach for the Yellow Pages, he reached for Veco."

Well, we all have a large energy company we use to do odd jobs around the house.

Here's the alibi:

Stevens' lawyers countered that he was not guilty and blamed Veco and its chief executive officer, Bill Allen, for allowing costs to escalate without telling Stevens what the expenses would be or even showing him all the bills. Allen also installed fancy add-ons - like a Viking gas grill and gaudy but pricey Christmas lights - that were unnecessary and unwanted, Stevens lawyer Brendan Sullivan said.

"When you see the evidence ... you'll see he had no intent to violate the law, no intent to conceal anything," his lawyer said. "He didn't want these things, he didn't ask for these things. He told some of them to take them back. He never once hid anything."

Hm. So Ted Stevens can't take the grill back himself? Veco just dropped these gifts on him and he had nothing he could do but say "take them back?" Doesn't pass the laugh test.

Neither does this:

(The Politico) Brendan Sullivan, defense attorney for Sen. Ted Stevens (R-Alaska), made an admission today that probably isn't going to help his client's re-election changes - Ted Stevens doesn't really live in Alaska, the state he has represented in the Senate for the last 40 years.

Sullivan was discussing the role that Stevens and his wife, Catherine, took during the renovation of their home. That renovation lies at the heart of the criminal case against Stevens, who is charged with filing false financial disclosure reports from 1999 to 2006 in order to hide hundreds of thousands of improper gifts. Justice Department prosecutors allege that Stevens only paid a fraction of the true cost of the renovation, with the rest being picked up by Bill Allen, former CEO of oil services company VECO Corp.

"This is a renovation by a married couple that lives 3,300 from the renovation," Sullivan said. "They live here with us in the District of Columbia because he works up here on Capitol Hill."

Yeah, you know, maybe if he doesn't live in Alaska, he could go ahead and stop representing it.

Mark Begich, the ad is already written and awaiting your "I approve this message."

The LA Times has more.

Senate Campaign Report

Just a few items of interest:

• MS-Sen: What do you do when your handpicked GOP Senator is about to go down to defeat to a Democrat? You try to hide the race on the ballot, that's what!

A judge has temporarily blocked a state ballot that places the U.S. Senate race between Ronnie Musgrove and Roger Wicker near the bottom of the ballot.

Earlier today, the state Election Commission approved placing the Musgrove-Wicker race in the special election section that comes after regular election contests on Nov. 4.

But Pike County Election Commissioner Trudy Berger filed a lawsuit in Hinds County Circuit Court only hours after the commission meeting.

“My client's responsibilities are to the voters and the law is clear. Elections for federal office should be at the top of the ballot. The proposed ballot buries the most prominent election in the state and will cause confusion on Election Day,” said Jackson Attorney Sam Begley, who is representing Berger.

There's just no precedent for this. There's a clear dropoff of votes as you go down the ballot, and any coattails that the top of the ticket would have are nullified by placing the Senate race so far away. This is a novel way to suppress the vote by Mississippi Republicans. I'm almost in awe.

• NC-Sen: Elizabeth Dole is from Kansas. Her husband represented Kansas in the US Senate for decades. She ran for President as a citizen of Kansas. She moved to North Carolina when a seat opened up. That's not unprecedented (Hillary Clinton), but Dole tries to cover for this by saying that her family had a business in North Carolina for many years. Kay Hagan has been tweaking her Kansas roots, leading Dole to respond. But she couldn't actually name the family business that she uses to cement those ties to the state:

Dole (while laughing): I think (Hagan) has indicated many times that I’m from Kansas. But my roots are very deep in North Carolina. Very deep. Here, I grew up in Salisbury, went to the public schools, spent 11 years on the Duke board after I graduated from Duke, own a home there. I own a business in North Carolina, for goodness sake. My family roots go way, way back.

Reporters: What business do you own?

Dole: We had a family farm, which was turned into a real estate development. And it’s just outside of Salisbury. It’s just a beautiful development.

Reporters: What’s the name of the development?

Dole: [10-second Pause followed by nervous laughter] Well…

[Another pause]

Reporters: It’s fine if you …

Dole: I have to stop and think for a moment.

She eventually came up with the name (Forest Glen). Good for her.

• GA-Sen: Jim Martin has been impressively polling close to Saxby Chambliss in this race, which is kind of off the radar screen. And now he's brought in Max Cleland, the former Senator who Chambliss smeared horribly in the 2002 matchup (comparing him to bin Laden), to cut an ad. Keep an eye on this one.

• AK-Sen: The thought was that Ted Stevens wanted a speedy trial to prove his innocence before his Senate election. I guess he's less secure in the court case now, because he's clearly trying to drag it out. His lawyers are asking for reams of documents and plan to present a long, aggressive case. That may be good courtroom strategy, but it's terrible for Stevens' re-election hopes.

• MN-Sen: This is hilarious. No comment necessary.

Interviewer: I just want to know how you feel about the last eight years of George Bush.

Norm Coleman: Well, uh, belehduh belehdudeduh.

That's a verbatim quote.