00                         HOUSE RESOLUTION NO. 10                                                                        
01 Expressing support for Senator Ted Stevens and severe displeasure and indignation                                       
02 with the federal government's deplorable investigation and prosecution of the Senator.                                  
03 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES:                                                                         
04       WHEREAS United States Senator Ted Stevens' public service began with his military                               
05 service during World War II; and                                                                                        
06       WHEREAS Senator Stevens served the State of Alaska for over 50 years as a United                                
07 States Attorney, member of the Alaska House of Representatives and United States Senator;                               
08 and                                                                                                                     
09       WHEREAS Senator Stevens is the longest serving Republican and seventh longest                                   
10 serving senator in the history of the United States; and                                                                
11       WHEREAS Alaska and its communities owe a debt of gratitude to Senator Stevens                                   
12 for his tireless efforts on behalf of the state; and                                                                    
13       WHEREAS the United States Department of Justice has moved "to set aside the                                     
14 verdict and dismiss the indictment [against Senator Stevens] with prejudice"; and                                       
15       WHEREAS the prosecutors in the case withheld information that should have been                                  
16 provided to the defense during the trial; and                                                                           

01       WHEREAS the Department of Justice's prosecution team was found in contempt of                                   
02 court for wilfully failing to abide by the laws and procedures of the federal court; and                                
03       WHEREAS this prosecutorial misconduct influenced in myriad ways the 2008                                        
04 election for the office held by Senator Stevens; and                                                                    
05       WHEREAS, under 5 U.S.C. 1502(a)(1) (Hatch Act), a federal "employee may not use                                 
06 his official authority or influence for the purpose of interfering with or affecting the result of                      
07 an election"; and                                                                                                       
08       WHEREAS it would be unreasonable to conclude that the timing of Senator Stevens'                                
09 indictment and ensuing trial would not have interfered with or affected the 2008 general                                
10 election; and                                                                                                           
11       WHEREAS the dismissal of these charges does not restore Senator Stevens'                                        
12 reputation and legacy or compensate Senator Stevens for his legal expenses and loss of future                           
13 income; and                                                                                                             
14       WHEREAS the federal government cannot be sued without its permission, except as                                 
15 provided under 28 U.S.C. 1348 (Federal Tort Claims Act);                                                                
16       BE IT RESOLVED that the Alaska House of Representatives demands that the                                        
17 federal government grant Senator Stevens permission to sue the United States Department of                              
18 Justice for redress; and be it                                                                                          
19       FURTHER RESOLVED that federal employees involved with Senator Stevens'                                          
20 prosecution be investigated for violations of the Hatch Act and, if found guilty, be subject to                         
21 penalty under the Act; and be it                                                                                        
22       FURTHER RESOLVED that the United States Government should issue a formal                                        
23 apology to Senator Stevens and the People of Alaska for this heinous miscarriage of justice.                            
24       COPIES of this resolution shall be sent to the Honorable Barack Obama, President of                             
25 the United States; the Honorable Joseph R. Biden, Jr., Vice-President of the United States and                          
26 President of the U.S. Senate; the Honorable Eric H. Holder, Jr., Attorney General of the                                
27 United States; and the Honorable Lisa Murkowski and the Honorable Mark Begich, U.S.                                     
28 Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska                                       
29 delegation in Congress.