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Enrolled HJR 15: Denouncing the decision to reverse the suspensions of the federal prosecutors who intentionally withheld evidence of innocence from the defense of Senator Ted Stevens; and honoring the service of Senator Ted Stevens.

00 Enrolled HJR 15                                                                                                         
01 Denouncing the decision to reverse the suspensions of the federal prosecutors who                                       
02 intentionally withheld evidence of innocence from the defense of Senator Ted Stevens; and                               
03 honoring the service of Senator Ted Stevens.                                                                            
04                                         _______________                                                                 
05 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                             
06      WHEREAS Theodore Fulton "Ted" Stevens, Sr., honorably served Alaska as a                                       
07 United States senator from December 24, 1968, until January 3, 2009; and                                              
08      WHEREAS Senator Stevens served longer than any Republican senator in United                                      
09 States history; and                                                                                                     
10      WHEREAS Senator Stevens was instrumental in crafting key federal legislation that                                
11 has greatly benefited Alaska, including, but not limited to, the Alaska Native Claims                                 
12 Settlement Act, the Trans-Alaska Pipeline Authorization Act, and the Magnuson-Stevens                                 
13 Fishery Conservation and Management Act; and                                                                            
14      WHEREAS Senator Stevens was President pro tempore of the United States Senate                                    
15 from 2003 to 2007 and was President pro tempore emeritus of the United States Senate from                               
16 to 2009; and                                                                                                            
01      WHEREAS Senator Stevens served in the Alaska House of Representatives from                                       
02 to 1968, serving as House Majority Leader during his second term; and                                                   
03      WHEREAS Senator Stevens was indicted on July 29, 2008, for allegedly failing to                                  
04 disclose as a gift the value of renovations to his cabin in Girdwood, Alaska; and                                     
05      WHEREAS Senator Stevens pled not guilty to the charges before District Court                                   
06 Judge Emmet G. Sullivan in the United States District Court for the District of Columbia on                           
07 July 31, 2008; and                                                                                                    
08      WHEREAS evidence presented at trial showed that Senator Stevens paid all bills for                             
09 work presented to him, and that he actually paid more than the renovations were worth; and                              
10      WHEREAS, after a trial, United States Attorney General Eric Holder asked that the                            
11 verdict of the jury be set aside after it was discovered that federal prosecutors unlawfully                            
12 withheld critical, exonerating evidence from the defense; and                                                         
13      WHEREAS, on April 7, 2009, United States District Judge Sullivan granted the                                   
14 motion filed by the United States to set aside the verdict and dismiss the indictment; the                            
15 dismissal order includes the statement: "There was never a judgment of conviction in this                             
16 case. The jury's verdict is being set aside and has no legal effect."; and                                              
17      WHEREAS Judge Sullivan appointed a special counsel to investigate the prosecutors,                             
18 and the special counsel's 2011 report on the case stated: "The investigation and prosecution of                         
19 United States Senator Ted Stevens were permeated by the systematic concealment of                                       
20 significant exculpatory evidence which would have independently corroborated Senator                                    
21 Stevens's defense and his testimony, and seriously damaged the testimony and credibility of                             
22 the government's key witness."; and                                                                                     
23      WHEREAS, on May 23, 2012, United States Associate Deputy Attorney General                                        
24 Scott N. Schools issued a final decision approving the disciplinary action proposed by Kevin                            
25 Ohlson, chief of the Professional Misconduct Review Unit, that federal prosecutor Joseph                                
26 Bottini be suspended for 45 days and federal prosecutor James Goeke be suspended for 15                                 
27 days; and                                                                                                               
28      WHEREAS, on January 2, 2015, the United States Merit Systems Protection Board                                    
29 upheld a 2013 ruling by an administrative judge finding that the United States Department of                            
30 Justice violated its own rules when it suspended prosecutors Joseph Bottini and James Goeke;                            
31      BE IT RESOLVED that the Alaska State Legislature supports the full and fair                                      
01 exoneration of Senator Ted Stevens; and be it                                                                           
02      FURTHER RESOLVED that the Alaska State Legislature denounces the decision to                                     
03 reverse the suspensions of the federal prosecutors who intentionally withheld evidence from                             
04 the defense of Senator Ted Stevens; and be it                                                                           
05      FURTHER RESOLVED that the Alaska State Legislature respectfully requests that                                    
06 the Alaska Bar Association and any other appropriate bar associations determine whether any                             
07 of the prosecutors involved in the Stevens case violated the Alaska Rules of Professional                               
08 Conduct and any other applicable codes of professional conduct; and be it                                               
09      FURTHER RESOLVED that the Alaska State Legislature recognizes and honors the                                     
10 long and distinguished leadership of Senator Ted Stevens on many issues that the state still                            
11 faces today, including access to federal land for oil, gas, and mineral development, the role of                        
12 Alaska in the nation's defense, and the need for adequate federal services for Alaskans and                             
13 others, and the legislature recognizes that Senator Ted Stevens's record and papers provide                             
14 insight and guidance into how the state can address those issues; and be it                                             
15      FURTHER RESOLVED that the Alaska State Legislature honors the importance of                                      
16 Senator Ted Stevens's service and legacy as a vital part of the history of Alaska.                                      
17      COPIES of this resolution shall be sent to the Honorable Barack Obama, President of                              
18 the United States; the Honorable Joseph R. Biden, Jr., Vice-President of the United States and                          
19 President of the U.S. Senate; the Honorable Eric H. Holder, Jr., Attorney General of the                                
20 United States; the Honorable Susan Tsui Grundmann, Chair of the U.S. Merit Systems                                      
21 Protection Board; Loretta Lynch, nominee for Attorney General of the United States; Geoffry                             
22 B. Wildridge, President of the Alaska Bar Association; and the Honorable Lisa Murkowski                                 
23 and the Honorable Dan Sullivan, U.S. Senators, and the Honorable Don Young, U.S.                                        
24 Representative, members of the Alaska delegation in Congress.