Mr. Schuelke bases his conclusion not to recommend contempt proceedings on the requirement that, in order to prove criminal contempt beyond a reasonable doubt under 18 U.S.C. § 401(3), the contemnor must disobey an order that is sufficiently “clear and unequivocal at the time it is issued.” See, e.g., Traub v. United States, 232 F.2d 43, 47 (D.C. Cir. 1955). Upon review of the docket and proceedings in the Stevens case, Mr. Schuelke concludes no such Order existed in this case.Obstruction of justice charges are possible, if DOJ decides to prosecute its own. Follow the above link to Emptywheel for more quotes & links, including Judge Sullivan's order ("prosecutorial misconduct that permeated the proceedings before this Court to a degree and extent that this Court had not seen in twenty-five years on the bench").
Tuesday, November 22, 2011
That is, essentially, how the DOJ team that concealed evidence favorable to Alaska's Senator Ted Stevens is getting off from criminal contempt:
Thus blogged Anderson ... on or about Tuesday, November 22, 2011