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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 HOUSE JOINT RESOLUTION NO. 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; 03 and honoring the service of Senator Ted Stevens. 04 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 WHEREAS Theodore Fulton "Ted" Stevens, Sr., honorably served Alaska as a 06 United States senator from December 24, 1968, until January 3, 2009; and 07 WHEREAS Senator Stevens served longer than any senator of his party in United 08 States history; and 09 WHEREAS Senator Stevens was instrumental in crafting key federal legislation that 10 has immensely benefited Alaska, including, but certainly not limited to, the Alaska Native 11 Claims Settlement Act, the Trans-Alaska Pipeline Authorization Act, and the Magnuson- 12 Stevens Fishery Conservation and Management Act; and 13 WHEREAS Senator Stevens was President pro tempore of the United States Senate 14 from 2003 to 2007 and was President pro tempore emeritus of the United States Senate from 15 2007 to 2009; and

01 WHEREAS Senator Stevens served in the Alaska House of Representatives from 02 1965 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 in United States District 06 Court on July 31, 2008; and 07 WHEREAS evidence presented at trial showed that Senator Stevens paid all bills for 08 work presented to him, and that he actually paid more than the renovations were worth; and 09 WHEREAS, after a trial, United States Attorney General Eric Holder asked that the 10 verdict of the jury be set aside after it was discovered that federal prosecutors unlawfully 11 withheld critical, exonerating evidence from the defense; and 12 WHEREAS, on April 7, 2009, United States District Judge Emmet G. Sullivan 13 granted the motion filed by the United States to set aside the verdict and dismiss the 14 indictment; the dismissal order includes the statement: "There was never a judgment of 15 conviction in this case. The jury's verdict is being set aside and has no legal effect."; and 16 WHEREAS Judge Sullivan appointed a special counsel to investigate the prosecutors, 17 and the special counsel's 2011 report on the case stated: "The investigation and prosecution of 18 United States Senator Ted Stevens were permeated by the systematic concealment of 19 significant exculpatory evidence which would have independently corroborated Senator 20 Stevens's defense and his testimony, and seriously damaged the testimony and credibility of 21 the government's key witness."; and 22 WHEREAS, on May 23, 2012, United States Associate Deputy Attorney General 23 Scott N. Schools issued a final decision approving the disciplinary action proposed by Kevin 24 Ohlson, chief of the Professional Misconduct Review Unit, that federal prosecutor Joseph 25 Bottini be suspended for 45 days and federal prosecutor James Goeke be suspended for 15 26 days; and 27 WHEREAS, on January 2, 2015, the United States Merit Systems Protection Board 28 upheld a 2013 ruling by an administrative judge finding that the United States Department of 29 Justice violated its own rules when it suspended prosecutors Joseph Bottini and James Goeke; 30 BE IT RESOLVED that the Alaska State Legislature supports the full and fair 31 exoneration of Senator Ted Stevens; and be it

01 FURTHER RESOLVED that the Alaska State Legislature denounces the decision to 02 reverse the suspensions of the federal prosecutors who intentionally withheld evidence from 03 the defense of Senator Ted Stevens; and be it 04 FURTHER RESOLVED that the Alaska State Legislature respectfully requests that 05 the Alaska Bar Association determine whether any of the prosecutors involved in the Stevens 06 case violated the Alaska Rules of Professional Conduct; and be it 07 FURTHER RESOLVED that the Alaska State Legislature recognizes and honors the 08 long and distinguished leadership of Senator Ted Stevens on many issues that the state still 09 faces today, including access to federal land for oil, gas, and mineral development, the role of 10 Alaska in the nation's defense, and the need for adequate federal services for Alaskans and 11 others, and the legislature recognizes that Senator Ted Stevens's record and papers provide 12 insight and guidance into how the state can address those issues; and be it 13 FURTHER RESOLVED that the Alaska State Legislature honors the importance of 14 Senator Ted Stevens's service and legacy as a vital part of the history of Alaska. 15 COPIES of this resolution shall be sent to the Honorable Barack Obama, President of 16 the United States; the Honorable Joseph R. Biden, Jr., Vice-President of the United States and 17 President of the U.S. Senate; the Honorable Eric H. Holder, Jr., Attorney General of the 18 United States; the Honorable Susan Tsui Grundmann, Chair of the U.S. Merit Systems 19 Protection Board; Loretta Lynch, nominee for Attorney General of the United States; Geoffry 20 B. Wildridge, President of the Alaska Bar Association; and the Honorable Lisa Murkowski 21 and the Honorable Dan Sullivan, U.S. Senators, and the Honorable Don Young, U.S. 22 Representative, members of the Alaska delegation in Congress.