Editing Ted Stevens (section)

==Trial, conviction, and reversal==
{{Main|Trial of Ted Stevens}}

===Indictment===
[[File:Ted Stevens mug shot.jpg|thumb|upright|Mug shot of Stevens taken in July 2008]]

On July 29, 2008, Stevens was indicted by a federal grand jury on seven felony counts of failing to properly report gifts.<ref>{{cite web|url=http://www.usdoj.gov/opa/pr/2008/July/08-crm-668.html|title=Department of Justice Press Release, "U.S. Senator Indicted on False Statement Charges"|publisher=Usdoj.gov|date=July 29, 2008|access-date=June 20, 2010|archive-date=August 25, 2009|archive-url=https://web.archive.org/web/20090825112503/http://www.usdoj.gov/opa/pr/2008/July/08-crm-668.html|url-status=live}}</ref> The charges related to renovations to his home and alleged gifts from [[VECO Corporation]], claimed to be worth more than $250,000.<ref name = "cnn_20080729">{{cite news|title=Grand jury indicts Alaska senator|url=http://www.cnn.com/2008/POLITICS/07/29/stevens.indictment/index.html|agency=CNN|date=July 29, 2008|access-date=July 29, 2008|archive-date=July 29, 2008|archive-url=https://web.archive.org/web/20080729202029/http://www.cnn.com/2008/POLITICS/07/29/stevens.indictment/index.html|url-status=live}}</ref><ref name="msnbcindicted">{{cite news|title=Justice Department indicts Sen. Ted Stevens|url=https://www.nbcnews.com/id/wbna25916299|publisher=[[NBC News]]|date=July 29, 2008|access-date=July 29, 2008|archive-date=May 19, 2015|archive-url=https://web.archive.org/web/20150519043618/http://www.nbcnews.com/id/25916299/|url-status=live}}</ref> The charges were associated with those exposed in what became known as "[[Alaska political corruption probe|Operation Polar Pen]]". The indictment followed a lengthy investigation by the Federal Bureau of Investigation (FBI) and the Internal Revenue Service (IRS) for possible corruption by Alaskan politicians and was based in part on Stevens's extensive relationship with Bill Allen. Allen owned racehorses, including a partnership in the stud-horse ''So Long Birdie'', which included Stevens and eight others, and which was managed by Bob Persons.<ref name= Bird>[http://www.idahostatesman.com/news/article40695636.html Life's sweet for Alaskan at center of corruption probes], ''[[Idaho Statesman]]'', Rich Mauer, August 18, 2008. Retrieved 22 May 2017.</ref> The FBI not only had calls between Allen and Stevens (made after Allen became a cooperating witness), they had thousands of wiretapped conversations involving the phones of both Allen and VECO Vice President Rick Smith. They had also videotaped meetings between Allen and state legislators at VECO's hotel suite in Juneau, the state capitol. Allen had testified that he bribed Ted's son Ben, the former Alaska Senate president. A former VECO employee said he did campaign fundraising work for Stevens while on VECO's payroll, a violation of federal law.<ref>{{cite news|url=http://www.politico.com/blogs/politico-now/2007/09/fbi-recorded-stevens-phone-calls-with-oil-company-exec-003259|title=FBI recorded Stevens's phone calls with oil-company exec|work=[[Politico]]|first=John|last=Bresnahan|date=September 20, 2007|access-date=May 22, 2017|archive-date=February 3, 2019|archive-url=https://web.archive.org/web/20190203103454/https://www.politico.com/blogs/politico-now/2007/09/fbi-recorded-stevens-phone-calls-with-oil-company-exec-003259|url-status=live}}</ref> Allen, then an oil service company executive, had earlier pleaded guilty (sentence suspended pending his cooperation in gathering evidence and giving testimony in other trials) to bribing several Alaskan state legislators. Stevens declared, "I'm innocent", and pleaded not guilty to the charges in a federal district court on July 31, 2008. Stevens asserted his right to a [[speedy trial]] so he could have the opportunity to clear his name promptly and requested that the trial be held before the 2008 election.<ref name="msnbcnotguilty">{{cite news|title=Stevens pleads not guilty in corruption case|url=https://www.nbcnews.com/id/wbna25951568|agency=Associated Press|publisher=NBC News|date=July 31, 2008|access-date=July 31, 2008|archive-date=May 18, 2015|archive-url=https://web.archive.org/web/20150518171058/http://www.nbcnews.com/id/25951568/|url-status=live}}</ref><ref name=adnnotguilty>{{cite news|title=Stevens' trial scheduled before election|url=http://www.adn.com/2008/07/31/480507/stevens-trial-scheduled-before.html |work=Anchorage Daily News |date=July 31, 2008 |access-date=July 31, 2008 |archive-url=https://web.archive.org/web/20101120125538/http://www.adn.com/2008/07/31/480507/stevens-trial-scheduled-before.html |archive-date=November 20, 2010|first=Erika|last=Bolstad}}</ref>

[[United States federal judge|U.S. District Judge]] [[Emmet G. Sullivan]], on October 2, 2008, denied the [[mistrial (law)|mistrial]] petition of Stevens's chief counsel, [[Brendan Sullivan (lawyer)|Brendan Sullivan]], that made allegations of withholding evidence by prosecutors. Thus, the latter were admonished and would submit themselves for an internal probe by the [[United States Department of Justice]]. ''[[Brady v. Maryland]]'' requires prosecutors to give a defendant any material exculpatory evidence. Judge Sullivan had earlier admonished the prosecution for sending home to Alaska a witness who might have helped the defense.<ref>{{cite news|date=October 3, 2008|url=https://www.nytimes.com/2008/10/03/us/03stevens.html?bl&ex=1223179200&en=9a2bc36dfc35487b&ei=5087%0A|title=Judge Berates Prosecutors in Trial of Senator|newspaper=[[New York Times]]|archive-url=https://web.archive.org/web/20151017020300/http://www.nytimes.com/2008/10/03/us/03stevens.html?bl&ex=1223179200&en=9a2bc36dfc35487b&ei=5087%0A |archive-date=October 17, 2015|first=Neil A.|last=Lewis}}</ref><ref>{{cite web|url=https://abcnews.go.com/TheLaw/story?id=5937338&page=1|title=Judge Denies Mistrial Request in Stevens Case|publisher=ABC News|date=October 2, 2008|access-date=June 20, 2010|first1=Jason|last1=Ryan|first2=Theresa|last2=Cook|archive-date=February 6, 2019|archive-url=https://web.archive.org/web/20190206080630/https://abcnews.go.com/TheLaw/story?id=5937338&page=1|url-status=live}}</ref>

The case was prosecuted by Principal Deputy Chief Brenda K. Morris, Trial Attorneys Nicholas A. Marsh and Edward P. Sullivan of the [[United States Department of Justice Criminal Division|Criminal Division]]'s [[Public Integrity Section]], headed by Chief William M. Welch{{spaces}}II; and Assistant U.S. Attorneys Joseph W. Bottini and James A. Goeke from the District of Alaska.

===Guilty verdict and repercussions===
On October 27, 2008, Stevens was found guilty of all seven counts of [[making false statements]].<ref name="nprguilty">[https://www.npr.org/2008/10/27/96189065/sen-stevens-found-guilty-of-lying-about-gifts] {{Webarchive|url=https://web.archive.org/web/20230524210445/https://www.npr.org/2008/10/27/96189065/sen-stevens-found-guilty-of-lying-about-gifts|date=May 24, 2023}}, ''npr'', October 27, 2008 4:09pm ET</ref> Stevens was only the fifth sitting senator to be convicted by a jury in U.S. history,<ref>{{cite web|url=https://www.senate.gov/artandhistory/history/common/briefing/Expulsion_Censure.htm|title=United States Senate History, "Expulsion and Censure"|website=Senate.gov|access-date=June 20, 2010|archive-date=November 15, 2002|archive-url=https://web.archive.org/web/20021115195042/http://www.senate.gov/artandhistory/history/common/briefing/Expulsion_Censure.htm|url-status=live}}</ref> and the first since Senator [[Harrison A. Williams]] (D-NJ) in 1981<ref>{{cite news|last=Carnevale|first=Mary Lu|url=https://blogs.wsj.com/washwire/2008/10/27/jury-finds-sen-stevens-guilty-of-failing-to-report-gifts/?mod=googlenews_wsj|title=Wall Street Journal, "Jury Finds Sen. Stevens Guilty of Failing to Report Gifts"|publisher=Blogs.wsj.com|date=October 27, 2008|access-date=June 20, 2010|archive-date=January 8, 2009|archive-url=https://web.archive.org/web/20090108014221/http://blogs.wsj.com/washwire/2008/10/27/jury-finds-sen-stevens-guilty-of-failing-to-report-gifts/?mod=googlenews_wsj|url-status=live}}</ref> (although Senator [[David Durenberger]] (R-MN) pleaded guilty to a felony more recently, in 1995). Stevens faced a maximum penalty of five years per charge.<ref>{{cite news|url=http://thehill.com/leading-the-news/stevens-guilty-of-felony-charges-2008-10-27.html|title=Sen. Ted Stevens guilty of all 7 felony charges|first=Manu|last=Raju|work=The Hill|date=October 27, 2008|access-date=October 27, 2008|archive-date=October 29, 2008|archive-url=https://web.archive.org/web/20081029063954/http://thehill.com/leading-the-news/stevens-guilty-of-felony-charges-2008-10-27.html|url-status=dead}}</ref> His sentencing hearing was originally arranged February 25, but his attorneys told Judge Sullivan they would file applications to dispute the verdict by early December.<ref>{{cite news|url=http://www.politico.com/news/stories/1008/14819.html|title=Jury: Stevens guilty on seven counts|last=Bresnahan|first=John|date=October 27, 2008|publisher=Politico|access-date=October 27, 2008|archive-date=October 28, 2008|archive-url=https://web.archive.org/web/20081028140805/http://www.politico.com/news/stories/1008/14819.html|url-status=live}}</ref> However, it was thought unlikely that Stevens would spend significant time in prison.<ref>{{cite news|date=October 27, 2008|access-date=October 27, 2008|publisher=BBC|url=http://news.bbc.co.uk/2/hi/americas/7694209.stm|title=US Senator Stevens found guilty|archive-date=October 28, 2008|archive-url=https://web.archive.org/web/20081028004611/http://news.bbc.co.uk/2/hi/americas/7694209.stm|url-status=live}}</ref>

Within a few days of his conviction, Stevens faced bipartisan calls for his resignation. Both parties' presidential candidates, [[Barack Obama]] and [[John McCain]], were quick to call for Stevens to stand down. Obama said Stevens needed to resign to help "put an end to the corruption and influence-peddling in Washington".<ref name="Bloomberg">{{cite news|last=Fireman|first=Ken|url=http://www.bloomberg.com/apps/news?pid=20601073&sid=aASRtNFSWrjA|archive-url=https://archive.today/20130119074205/http://www.bloomberg.com/apps/news?pid=20601073&sid=aASRtNFSWrjA|archive-date=January 19, 2013|url-status=dead|title=McCain, Obama Call on Stevens to Resign From Senate|work=[[Bloomberg L.P.|Bloomberg News]]|date= October 28, 2008}}</ref> McCain said Stevens "has broken his trust with the people" and needed to step down, a call echoed by his running mate, [[Sarah Palin]], governor of Stevens's home state.<ref>{{cite news|url=https://www.nbcnews.com/id/wbna27418037|title=McCain calls on Sen. Stevens to step down|agency=Associated Press|date=October 28, 2008|access-date=October 29, 2008|archive-date=February 27, 2014|archive-url=https://web.archive.org/web/20140227094139/http://www.nbcnews.com/id/27418037/|url-status=live}}</ref> Senate Minority Leader [[Mitch McConnell]], as well as fellow Republican Senators [[Norm Coleman]], [[John E. Sununu|John Sununu]] and [[Gordon Smith (politician)|Gordon Smith]] also called for Stevens to resign. McConnell said there would be "zero tolerance" for a convicted felon serving in the Senate, strongly hinting that he would support Stevens's expulsion from the Senate unless Stevens resigned first.<ref>{{cite news|author=Bresnahan, John & Kady, Martin II|url=https://www.politico.com/story/2008/10/mcconnell-calls-on-stevens-to-resign-015037|title=McConnell pushes Alaska's Stevens to step down|work=[[Politico]]|date=October 28, 2008|access-date=May 24, 2023|archive-date=May 24, 2023|archive-url=https://web.archive.org/web/20230524210917/https://www.politico.com/story/2008/10/mcconnell-calls-on-stevens-to-resign-015037|url-status=live}}</ref><ref>{{cite news|last=Bolstad|first=Erika|url=http://www.mcclatchydc.com/homepage/story/55143.html|title=Senator Reid says Stevens cannot stay in Senate|archive-url=https://web.archive.org/web/20090116054424/http://www.mcclatchydc.com/homepage/story/55143.html |archive-date=January 16, 2009|work=[[The McClatchy Company|McClatchy Washington Bureau]]|date=November 2, 2008|url-status=dead}}</ref> Late on November 1, Senate Majority Leader [[Harry Reid]] confirmed that he would schedule a vote on Stevens's expulsion, saying "a convicted felon is not going to be able to serve in the United States Senate."<ref>{{cite news|author=Stanton, John|url=http://www.rollcall.com/news/29690-1.html|title=Reid Says Stevens Cannot Serve|work=[[Roll Call (newspaper)|Roll Call]]|date=November 2, 2008|access-date=November 2, 2008|archive-date=November 6, 2008|archive-url=https://web.archive.org/web/20081106052318/http://www.rollcall.com/news/29690-1.html|url-status=live}}</ref>

Nonetheless, during a debate with his opponent, Anchorage, Alaska Mayor [[Mark Begich]], days after his conviction, Stevens continued to claim innocence. "I have not been convicted. I have a case pending against me, and probably the worst case of prosecutorial misconduct by the prosecutors that is known." Stevens also cited plans to appeal.<ref>{{cite news|url=http://edition.cnn.com/2008/POLITICS/10/31/stevens.debate/?iref=mpstoryview|title=Sen. Stevens: I'm innocent and not convicted|access-date=2008-10-31|publisher=CNN|date=October 31, 2008|archive-date=November 3, 2008|archive-url=https://web.archive.org/web/20081103114557/http://edition.cnn.com/2008/POLITICS/10/31/stevens.debate/?iref=mpstoryview|url-status=live}}</ref> On [[2008 United States Senate election in Alaska|November 4, 2008]], eight days after his conviction, Begich went on to defeat Stevens by 3,724 votes, a 1.3% margin. Stevens was the longest-serving U.S. Senator in history to have ever lost a bid for re-election, beating out [[Warren Magnuson]]'s record in [[1980 United States Senate election in Washington|1980]].<ref name="electionresults08">{{cite web|url=http://www.elections.alaska.gov/08general/data/results.htm |title=Unofficial Election Results |publisher=Alaska Division of Elections |date=November 4, 2008 |access-date=November 18, 2008 |archive-date=November 13, 2008 |archive-url=https://web.archive.org/web/20081113075739/http://www.elections.alaska.gov/08general/data/results.htm |url-status=dead }}</ref> Had Stevens won his re-election bid, and then been expelled, a special election would have been held to fill his seat through the remainder of the term, until January 2015.<ref>[http://www.liuzhao.info/artandhistory/history/resources/pdf/Vacancies.pdf House and Senate Vacancies: How Are They Filled?] {{webarchive |url=https://web.archive.org/web/20090325054108/http://www.liuzhao.info/artandhistory/history/resources/pdf/Vacancies.pdf |date=March 25, 2009 }}. Retrieved November 5, 2008.</ref> No sitting U.S. senator has ever been expelled since the [[American Civil War|Civil War]].

On November 13, Senator [[Jim DeMint]] of [[South Carolina]] announced he would move to have Stevens expelled from the [[Republican Conference of the United States Senate|Senate Republican Conference]] (caucus) regardless of the results of the election. (Absentee, provisional, and early ballots were, at the time, still being tallied in the close election.) Losing his caucus membership would cost Stevens his committee assignments.<ref>{{cite news|author=Kelley, Matt|url=https://www.usatoday.com/news/politics/election2008/2008-11-13-alaska-senate-race_N.htm|title=Ted Stevens may face ouster from GOP Senate caucus|work=USA Today|date=November 13, 2008|access-date=September 15, 2017|archive-date=October 25, 2011|archive-url=https://web.archive.org/web/20111025092524/http://www.usatoday.com/news/politics/election2008/2008-11-13-alaska-senate-race_N.htm|url-status=live}}</ref> However, DeMint later decided to postpone offering his motion, saying that while there were enough votes to throw Stevens out, it would be moot if Stevens lost his reelection bid.<ref>Hunter, Kathleen. [http://www.cqpolitics.com/wmspage.cfm?parm1=5&docID=news-000002987409 Senate GOP Delays Action on Stevens Pending Election Outcome] {{webarchive |url=https://web.archive.org/web/20090112163648/http://www.cqpolitics.com/wmspage.cfm?parm1=5&docID=news-000002987409 |date=January 12, 2009 }}. ''[[CQ Politics]]'', October 18, 2008.</ref> Stevens ended up losing the Senate race, and on November 20, 2008, gave his last speech to the Senate, which was met with a loud standing ovation by the other members of the chamber.<ref>{{cite news|url=http://voices.washingtonpost.com/sleuth/2008/11/_history_of_alaska_fisheries.html?hpid=moreheadlines|newspaper=The Washington Post|title=Ted Stevens: Farewell and 'To Hell With Politics'|access-date=May 25, 2010|archive-date=March 20, 2009|archive-url=https://web.archive.org/web/20090320195927/http://voices.washingtonpost.com/sleuth/2008/11/_history_of_alaska_fisheries.html?hpid=moreheadlines|url-status=dead}}</ref>

===Government concealment of evidence===
In February 2009, FBI agent Chad Joy filed a whistleblower affidavit, alleging that prosecutors and FBI agents conspired to withhold and conceal evidence that could have resulted in acquittal.<ref>The Criminal Lawyer [http://burneylawfirm.com/blog/2009/02/11/more-allegations-of-prosecutorial-misconduct-in-sen-ted-stevens-case/ "More Allegations of Prosecutorial Misconduct in Sen Ted Stevens Case"] {{webarchive |url=https://web.archive.org/web/20160501190215/http://burneylawfirm.com/blog/2009/02/11/more-allegations-of-prosecutorial-misconduct-in-sen-ted-stevens-case/ |date=May 1, 2016 }}</ref> In his affidavit, Joy alleged that prosecutors intentionally sent a key witness, former VECO employee Robert Burnette "Rocky" Williams, who had testified before a [[grand jury]] in 2006, back home to Alaska.<ref name=UPI/> Williams had performed poorly during a mock cross-examination.<ref name=NYT>{{Cite news|last=Lewis|first=Neil A.|date=2009-02-11|title=Agent Claims Evidence on Stevens Was Concealed (Published 2009)|language=en-US|newspaper=The New York Times|url=https://www.nytimes.com/2009/02/11/us/politics/11stevens.html|access-date=2020-12-01|issn=0362-4331|archive-date=November 9, 2020|archive-url=https://web.archive.org/web/20201109041718/http://www.nytimes.com/2009/02/11/us/politics/11stevens.html|url-status=live}}</ref> The prosecution informed Judge Sullivan that it had concerns regarding the health of the witness. Williams was terminally ill,<ref name=NYT/> experiencing liver failure, which causes confusion.<ref>[https://www.medicalnewstoday.com/articles/326919 What to know about hepatic encephalopathy] {{Webarchive|url=https://web.archive.org/web/20201010113155/https://www.medicalnewstoday.com/articles/326919 |date=October 10, 2020 }}, ''[[Medical News Today]]''. Retrieved September 13, 2020.</ref><ref name=UPI>[https://www.upi.com/Top_News/2009/01/01/Rocky-Williams-Stevens-case-witness-dies/95861230831328/ Rocky Williams, Stevens case witness, dies] {{Webarchive|url=https://web.archive.org/web/20201010122612/https://www.upi.com/Top_News/2009/01/01/Rocky-Williams-Stevens-case-witness-dies/95861230831328/ |date=October 10, 2020 }}, ''[[UPI]]'', January 1, 2009. Retrieved September 13, 2020.</ref> He died on December 30, 2008.<ref name=NYT/> Joy further alleged that the prosecutors intentionally withheld ''[[Brady v. Maryland|Brady]]'' [[Brady material|material]] including redacted prior statements of a witness, and a memo from Bill Allen stating that Senator Stevens probably would have paid for the goods and services if asked. Joy further inferred that a female FBI agent had an inappropriate relationship with Allen, who also gave gifts to FBI agents and helped one agent's relative get a job.<ref>{{Cite web |title=Ted Stevens – National Registry of Exonerations |url=https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=3663 |access-date=2023-05-19 |website=www.law.umich.edu |archive-date=April 12, 2023 |archive-url=https://web.archive.org/web/20230412173851/https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=3663 |url-status=live }}</ref>

As a result of Joy's affidavit and claims by the defense that prosecutorial misconduct had caused an unfair trial, Judge Sullivan ordered a hearing to be held on February 13, 2009, to determine whether a new trial should be ordered.<ref>{{Cite web|title=Judge Holds Prosecutors in Contempt in Stevens Case|url=https://legaltimes.typepad.com/blt/2009/02/judge-holds-prosecutors-in-contempt-in-stevens-case.html|access-date=2020-12-01|website=The BLT: The Blog of Legal Times|archive-date=February 26, 2021|archive-url=https://web.archive.org/web/20210226075144/https://legaltimes.typepad.com/blt/2009/02/judge-holds-prosecutors-in-contempt-in-stevens-case.html|url-status=live}}</ref> At the February 13 hearing, Judge Sullivan held the prosecutors in contempt for having failed to deliver documents to Stevens's legal counsel.<ref>{{cite news|url=https://www.washingtonpost.com/wp-dyn/content/article/2009/02/13/AR2009021303092.html|title=Justice Dept. Lawyers in Contempt for Withholding Stevens Documents|newspaper=Washington Post|first=Nedra|last=Pickler|date=2009-02-14|access-date=2010-05-25|archive-date=October 18, 2017|archive-url=https://web.archive.org/web/20171018033951/http://www.washingtonpost.com/wp-dyn/content/article/2009/02/13/AR2009021303092.html|url-status=live}}</ref>

===Convictions voided and indictment dismissed===
On April 1, 2009, on behalf of U.S. Attorney General [[Eric Holder]], Paul O'Brien submitted a "Motion of The United States To Set Aside The Verdict And Dismiss The Indictment With Prejudice" in connection with case No. 08-231. Federal judge [[Emmet G. Sullivan]] soon signed the order. During the trial, Sullivan had expressed anger after Allen, the prosecution's witness, recounted a note Stevens sent him insisting that a bill for work Veco had done be sent to Stevens. Allen said that Persons subsequently told him that Stevens was just "covering his ass".<ref name ="Bolstad & Mauer">{{cite news|url=http://www.adn.com/news/politics/fbi/stevens/story/743906.html|title=U.S. attorney general ends Stevens prosecution: Former Sen. Ted Stevens|work=[[Anchorage Daily News]]|access-date=June 20, 2010|url-status=dead|first1=Erika|last1=Bolstad|first2=Richard|last2=Mauer|archive-url=https://web.archive.org/web/20100123234422/http://www.adn.com/news/politics/fbi/stevens/story/743906.html|archive-date=January 23, 2010}}</ref> Holder, who had taken office only three months earlier, stated that it was "in the interest of justice" not to hold a new trial,<ref name="abctrial">{{Cite web|url=https://abcnews.go.com/Politics/story?id=7235615&page=1|title=Holder urges Ted Stevens' conviction reversed|website=ABC News|access-date=10 May 2023|archive-date=May 10, 2023|archive-url=https://web.archive.org/web/20230510180759/https://abcnews.go.com/Politics/story?id=7235615&page=1|url-status=live}}</ref> adding that he was "horrified".<ref>{{Cite web|url=https://supreme.findlaw.com/legal-commentary/the-strong-message-attorney-general-eric-holder-sent-to-all-federal-prosecutors-when-he-dismissed-the-indictment-against-senator-ted-stevens-and-the-apparent-basis-for-the-dismissal.html|title=The Strong Message Attorney General Eric Holder Sent to All Federal Prosecutors When He Dismissed the Indictment Against Senator Ted Stevens, and the Apparent Basis for the Dismissal|website=Findlaw|access-date=10 May 2023|archive-date=May 28, 2023|archive-url=https://web.archive.org/web/20230528013300/https://supreme.findlaw.com/legal-commentary/the-strong-message-attorney-general-eric-holder-sent-to-all-federal-prosecutors-when-he-dismissed-the-indictment-against-senator-ted-stevens-and-the-apparent-basis-for-the-dismissal.html|url-status=live}}</ref> After Sullivan held the prosecutors in contempt, Holder replaced the entire trial team, including top officials in the public integrity section. The discovery of a previously undocumented interview with Allen raised the possibility prosecutors had knowingly allowed Allen to [[perjury|perjure]] himself. Allen said the [[fair market value]] of the repairs to the Stevenses' house was around $80,000, considerably less than the $250,000 he said it cost at trial.<ref name ="legaltimes">{{Cite web|url=https://legaltimes.typepad.com/blt/2009/04/doj-wants-charges-against-ted-stevens-dismissed.html|title=DOJ Wants Charges Against Ted Stevens Dismissed|website=The BLT: The Blog of Legal Times|access-date=10 May 2023|archive-date=May 28, 2023|archive-url=https://web.archive.org/web/20230528013300/https://legaltimes.typepad.com/blt/2009/04/doj-wants-charges-against-ted-stevens-dismissed.html|url-status=live}}</ref> More seriously, Allen said in the interview that he didn't recall talking to Persons, a friend of Stevens, regarding the repair bill for the Stevenses' house. Even without the notes, Stevens's attorneys claimed Allen was lying about the conversation.<ref name ="Bolstad & Mauer"/>

Later that day, Stevens's attorney, [[Brendan Sullivan (lawyer)|Brendan Sullivan]], said Holder's decision was forced by "extraordinary evidence of government corruption". He also claimed that prosecutors not only withheld evidence but "created false testimony that they gave us and actually presented false testimony in the courtroom".<ref>{{cite news|title=Lawyer says prosecutors' request has 'cleared' Stevens|url=http://www.cnn.com/2009/POLITICS/04/01/stevens.case.dropped/index.html|agency=[[CNN]]|date=April 1, 2009|access-date=April 1, 2009|archive-date=April 2, 2009|archive-url=https://web.archive.org/web/20090402081337/http://www.cnn.com/2009/POLITICS/04/01/stevens.case.dropped/index.html|url-status=live}}</ref>

On April 7, 2009, Judge Sullivan formally accepted Holder's motion to set aside the verdict and throw out the indictment, declaring, "There was never a judgment of conviction in this case. The jury's verdict is being set aside and has no legal effect", and calling it the worst case of prosecutorial misconduct he'd ever seen.<ref>United States of America v. Theodore F. Stevens No. 1:08-cr-00231-EGS Document 324 Filed 04/01/2009 @ {{cite web|url=https://ecf.dcd.uscourts.gov/doc1/04512482916 |title=District of Columbia live database |access-date=2010-12-01 |url-status=live |archive-url=https://web.archive.org/web/20160304111615/https://ecf.dcd.uscourts.gov/doc1/04512482916 |archive-date=2016-03-04 }}</ref> He also initiated a criminal contempt investigation of six members of the prosecution. Although an internal investigation by the [[Office of Professional Responsibility]] was already underway, Sullivan said he was not willing to trust it due to the "shocking and disturbing" nature of the misconduct.<ref name=Wilber>Wilber, Del Quentin. "[https://web.archive.org/web/20110204212634/http://www.washingtonpost.com/wp-dyn/content/article/2009/04/07/AR2009040700338.html Judge Tosses Out Stevens Conviction]". 'The ''Washington Post''. April 7, 2009. Stevens's deliverance was cited by ''[[Times-Picayune]]'' ([[New Orleans]]) columnist [[James Gill (columnist)|James Gill]] as encouraging an organization called "Friends of Congressman [[William J. Jefferson]]" that the indicted [[U.S. Representative]], who formerly represented [[Louisiana's 2nd congressional district]] before being ousted by [[Joseph Cao|Anh "Joseph" Cao]] in 2008, could likewise avert conviction. James Gill, [http://www.nola.com/timespic/stories/index.ssf?/base/news-0/1239513832203640.xml&coll=1 Jefferson's friends an optimistic bunch], {{webarchive |url=https://archive.today/20130104035841/http://www.nola.com/timespic/stories/index.ssf?/base/news-0/1239513832203640.xml&coll=1 |date=January 4, 2013 }} ''Times-Picayune'', April 12, 2009, Saint Tammany Edition, p. B5.</ref>

In 2012, the Special Counsel report on the case was released. It said,<ref>{{cite news|newspaper=New York Times|date=March 15, 2012|title=Report Details Inner Workings of Troubled Ethics Trial of Senator|author1=Charlie Savage|author2=Michael S Schmidt}}</ref>
{{blockquote|The investigation and prosecution of U.S. Senator Ted Stevens were permeated by the systematic concealment of significant exculpatory evidence which would have independently corroborated Senator Stevens's defense and his testimony, and seriously damaged the testimony and credibility of the government's key witness.| Special Counsel Report<ref>{{cite web|url=https://s3.amazonaws.com/s3.documentcloud.org/documents/325801/court-report-on-stevens-ethics-case.pdf|title=Court report on Stevens|website=documentcloud.org|date=March 15, 2012|access-date=10 May 2023|archive-date=October 24, 2013|archive-url=https://web.archive.org/web/20131024114040/https://s3.amazonaws.com/s3.documentcloud.org/documents/325801/court-report-on-stevens-ethics-case.pdf|url-status=live}}</ref>}}

Upon the release of the Special Counsel report, the Stevens defense team released an analysis of its own, which said, "The meticulous detail paints a picture of the government's shocking conduct in which prosecutors repeatedly ignored the law. The Report shows how prosecutors abandoned their oath of office and the ethical standards of their profession. They abandoned all decency and sound judgment when they indicted and prosecuted an 84-year old man who served his country in World War{{spaces}}II combat, and who served with distinction for 40 years in the U.S. Senate."<ref>{{cite news|title=GOVERNMENT CORRUPTION CONFIRMED BY COURT-ORDERED INVESTIGATION|url=http://lawprofessors.typepad.com/files/williams-connolly-analysis.pdf|date=March 15, 2012|access-date=March 17, 2012|archive-date=July 25, 2012|archive-url=https://web.archive.org/web/20120725115754/http://lawprofessors.typepad.com/files/williams-connolly-analysis.pdf|url-status=live}}</ref>

A statement issued by Stevens's widow Catherine said, "I can say that the Stevens family continues to be shocked by the depth and breadth of the government's misconduct."<ref>{{cite news|title=Schuelke-Shields Report: Statement from Catherine Stevens|url=http://lawprofessors.typepad.com/whitecollarcrime_blog/2012/03/schuelke-shields-report-statement-from-catherine-stevens.html|date=15 March 2012|access-date=17 March 2012|archive-date=March 20, 2012|archive-url=https://web.archive.org/web/20120320070625/http://lawprofessors.typepad.com/whitecollarcrime_blog/2012/03/schuelke-shields-report-statement-from-catherine-stevens.html|url-status=live}}</ref>

Mark Bonner, associate professor of law at [[Ave Maria School of Law]], has argued that the court acted improperly by appointing a special prosecutor, claiming that, among other things, the "trial court had no lawful authority to hold the prosecutors in contempt for Brady violations..."<ref>{{cite journal|title=The Inquisition by Special Prosecutor in United States v. Senator Ted Stevens: of Brady, Contempt, and the Forensic Trifecta|volume=54|issue=1|journal=Criminal Law Bulletin|date=Winter 2015|pages=69–124|ssrn=2560956|url=https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2560956|access-date=May 12, 2023|archive-date=April 20, 2023|archive-url=https://web.archive.org/web/20230420072713/https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2560956|url-status=live}}</ref>