Tag: Eric Holder

  • Holder to drop case against former Alaska Sen. Ted Stevens

    The slate will be wiped clean for former Alaska Sen. Ted Stevens.

    In the eyes of the law, at least, the man who narrowly lost re-election last fall after he was convicted of failing to report more than $250,000 worth of gifts from a contractor seeking political favors, will be considered innocent.

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    The decision to ask the judge to void the conviction was made by U.S. Attorney General Eric Holder, after a new prosecution team discovered a previously undocumented interview with the star witness, William Allen, which sharply contradicted his most dramatic testimony in the four-week trial. The information had never been turned over to the defense, the Justice Department said in its motion to void the conviction.

    “After careful review, I have concluded that certain information should have been provided to the defense for use at trial,” Holder said in a statement this morning. “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 government is seeking dismissal of the charges “with prejudice,” meaning that they cannot be filed again.

    The case against Stevens had been plagued by allegations of prosecutorial misconduct. Following his October conviction, an FBI special agent in Anchorage alleged that the lead female agent had had an “inappropriate relationship” with Allen, the chairman of defunct oil-field services company, Veco Corp., who was also the star witness against Stevens. The whistleblower also contended that prosecutors had withheld important information from the defense.

    In February, U.S. District Court Judge Emmet G. Sullivan held four prosecutors in contempt, including DOJ Public Integrity Section Chief William Welch, for failing to produce documents relating to the agent’s claims.

    At that point, the government appointed a new team, led by Paul O’Brien, chief of the Narcotics an Dangerous Drugs Section, whose group substantiated several of the allegations.

    Stevens, who is 85, said in a prepared statement that he felt vindicated, but complained it had come too late to save his political career.

    “I am grateful that the new team of responsible prosecutors at the Department of Justice has acknowledged that I did not receive a fair trial and has dismissed all the charges against me,” he said.

    But he added: “It is unfortunate that an election was affected by proceedings now recognized as unfair. It was my great honor to serve the State of Alaska in the United States Senate for 40 years.”

    Stevens lost his re-election bid to the former Anchorage mayor, Democrat Mark Begich a little more than a week after his conviction. Since then, his lawyers have filed several motions to dismiss the original indictment or to have a judge grant him a new trial.

    While the attorney general’s decision doesn’t exactly exonerate Stevens, it shifts the focus to government misconduct.

    “When you think of Ted Stevens, there will always be a little asterisk,” Sarah Binder, an expert on Congress at the Brookings Institution told NPR. “But this gives you a little pause to think that, in the end, there were allegations that the government couldn’t get it together to prove.”

    Others noted the irony of a Democratic attorney general effectively voiding the conviction of a longtime Republican lawmaker.

    Sen. Sheldon Whitehouse (D-R.I.), a fierce critic of the Bush Justice Department and a former U.S. attorney, noted that if Republicans wanted to complain that the Justice Department had wrongly cost them a Senate seat, they should recall that it was Bush’s Justice Department which brought the case.

    Holder’s decision comes as a big blow to the Public Integrity Section of the Justice Department, which is responsible for conducting investigations into corrupt lawmakers. Stevens’ conviction was the unit’s biggest win in more than decade. Now that conviction will be tossed out, and prosecutors and FBI agents involved in the case are being investigated themselves.

    Holder, himself a former prosecutor and judge, noted that the department’s Office of Professional Responsibility was conducting a review of the first etam’s conduct, raising the possibility that the prosecutors themselves could now face ethics charges.

    Judge Sullivan ordered a hearing for April 7 on the government’s motion.

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    • We are all Keynesians now – but especially Paul Krugman

      April 3, 2009 at 11:20am

      Economist Paul Krugman, who describes John Maynard Keynes as his “economic idol,” may be the right man at the right time. But supporters of Barack Obama certainly hope not.

    • And now there’s Marc Rich the sequel

      He may not have stepped foot on U.S. soil for more than two decades, but billionaire Marc Rich manages to stay relevant.

      Like a movie character optioned for perpetual sequel, Rich’s name has surfaced in two of the biggest news stories of 2009 – Bernard Madoff’s alleged $50-billion Ponzi scheme to defraud investors (Rich invested through middleman Ezra Merkin) and the installation of a new presidential administration (among the players, Attorney General-nominee Eric Holder, who made the ill-fated decision to forward Rich’s pardon request to then-President Bill Clinton with the recommendation “neutral, leaning towards favorable”).

      Rich’s pardon was front and center at Thursday’s confirmation hearing of Holder, as Republican Sen. Arlen Specter sought incriminating information beyond the nominee’s acknowledgement that he had “made mistakes.”

      The pardon, which was granted in the last hours of the Clinton administration, sparked a huge outcry at the time, especially after it emerged that Rich’s ex-wife, the socialite and songwriter Denise Rich, had donated an estimated $1 million to Democratic causes, including $450,000 to the Clinton presidential library fund, and had interceded on his behalf with Clinton.

      To this day, the rationale remains murky – as does the 74-year-old exile at the heart of the case.

      Rich is, in many ways, a character out of a John LeCarre novel. One of the world’s most successful and ruthless commodities traders, he has pursued opportunity where he found it, trading with despots and declared enemies when it was advantageous, from Iran’s Ayatollah Khomeini to Cuba’s Fidel Castro, and then receding into the shadows when the heat got too intense.

      Born in Belgium, he emigrated with his family to the U.S. to avoid the Nazis and learned his trade in the dusty markets of the Middle East and the jungles of Africa.

      Along the way, in 1966, he met Denise Eisenberg, the daughter of a wealthy shoe manufacturer from Worcester, MA on a blind date. They married a short time later – around the time he became a trader with Philipp Brothers, a dealer in raw metals.

      One of his early business coups at Philipp Brothers came during the Arab oil embargo of 1973-1974, when he used his Middle Eastern contacts to circumvent the embargo and buy crude oil from Iran and Iraq, reportedly reselling it for twice the price to supply-starved U.S. oil companies.

      In 1974, he and colleague Pincus Green left Philipp Brothers and set up their own company, Marc Rich & Co., using the relationships they had developed with some of the world’s great scoundrels and statesmen. They became notorious for trading with Iran during the hostage crisis, South Africa during apartheid, and Cuba and Libya during U.S. trade embargoes

      Rich and Green were indicted by U.S. Attorney Rudolph Giuliani, on charges of dodging a $48 million corporate tax bill, racketeering and trading with an enemy state, Iran in 1983. The two, who had traveled to Switzerland just before the charges were brought, were put on the FBI’s Most Wanted List.

      Though living as an exile, Rich managed to hire some of the best-connected attorneys in Washington, among them, Jack Quinn, a former Clinton White House Counsel, Leonard Garment, a former Nixon White House official; William Bradford Reynolds, a former high-ranking official in the Reagan Justice Department; and Lewis Libby, who went on to become Vice President Cheney’s chief of staff.

      And they delivered for him: On Jan. 20, 2001, hours before leaving office, Clinton granted Rich a pardon. In an op-ed column in the New York Times a month later, Clinton justified his decision, saying that similar situations had been settled in civil, not criminal court, and he also cited pleas from Israeli officials, including Prime Minister Ehud Barak.

      In response to the outcry, George W. Bush appointed federal prosecutor Mary Jo White to investigate. She stepped down before the investigation was finished, however, and was replaced by James Comey, who was critical of Clinton’s pardons – and Holder’s pardon recommendation – but could not prove a quid pro quo related to Denise Rich’s contributions.

      In the years since he fled the U.S., meanwhile, Marc Rich has lived a jetsetter’s life, traveling between homes on Lake Lucerne and in St. Moritz, Switzerland as well as in Marbella, Spain. He surrounded himself with Picassos, Chagalls and Miros and set himself the task of ingratiating himself with European leaders.

      “He went to work charming, essentially buying Swiss loyalty … he really put out the money and the charm,” Shawn Tully, a reporter who has followed his career told MSNBC at the time of his pardon.

      He became a major philanthropist throughout Europe and in Israel – his pardon application included dozens of letters attesting to his philanthropy, which reportedly runs at least into the tens of millions of dollars.

      If his life was cushy, his exile wasn’t without personal cost, however. In 1996, his 27-year-old daughter died of leukemia in the U.S. without ever seeing her father again.

      Denise Rich has always maintained that it was her daughter’s death that led her to forgive her ex-husband and to intercede on his behalf with Clinton, but has denied any quid pro quo.

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      3 Comments

      • #1.   Virgil Smith 01.19.2009

        I notice the last name of the author is Eisenberg and the maiden name of Marc Rich’s wife was Eisenberg–any relation?

      • #2.   Carol Eisenberg 01.19.2009

        Nope. no relation. But you have sharp eyes!

      • #3.   C. Alexander Brown 01.21.2009

        What charities does Marc Rich support? And did support? Any in Africa, where he did a lot of business? One of my daughters was a missionary in West Africa for 11 years, and one of the things my family learned via her experience is how significantly the lives of people in Africa can be improved by even a small amount of money, judiciously spent. Also, for example, one of my former colleagues who is now with the World Bank in Washington and worked on Canadian International Development Agency –CIDA projects in arid regions of the northern reaches of Africa of Africa witnessed the lives of people in whole villages transformed by a few windmill driven water pumps, made from angle-iron struts, pipes and pumps fashioned by local blacksmiths using rudimentary tools and with rotor sails made from the door panels of junked Peugeot cars [(the favorite automobile in much of Africa, prized for its reliability and ease of repair)]. Of rich developed countries Germany and German organizations seem to have the best understanding of this basic fact about foreign aid, something not realized in other countries, and most certainly not in Canada nor the United States. So it would be interesting how Mark Rich’s generosity is appropriated, and if any poor Africans benefit therefrom.

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