I Have Not Yet Begun to Fight
The liberal blogosphere is abuzz with Sen. Stevens' latest argument that "There's not a black mark by my name yet, until the appeal is over and I am finally convicted, if that happens. If that happens, of course I'll do what's right for Alaska and for the Senate."
Stevens, I think, is channeling Ken Lay, the former CEO and Chairman of Enron, whose conviction was overthrown when he died pending appeal. And as a matter of general American jurisprudence, the rule is that a conviction is not FINAL, until all direct appeals are exhausted. For example, the one year deadline under AEDPA for habeas relief begins ticking when you exhaust your direct appeals (usually a denial of Cert by the SCOTUS). At the4 same time, he becomes a convicted felon when the court enters a judgment of guilty. So, Sen. Stevens has a point to the extent that as of now, he is not convicted and when he is, the conviction will not be final until he exhausts all direct appeals.
But he was found guilty of seven felony counts by 12 jurors. That's a mark next to the Senator's name that most people do not have. I think a nice rule of thumb is, if someone will not hire you as a janitor at a school, then you shouldn't hold an office of public trust. Of course, this says nothing about the absurdity of a sitting U.S. Senator making these "technicality" arguments--especially for someone who has worked tirelessly to hinder defendants' rights on appeal.
Stevens, I think, is channeling Ken Lay, the former CEO and Chairman of Enron, whose conviction was overthrown when he died pending appeal. And as a matter of general American jurisprudence, the rule is that a conviction is not FINAL, until all direct appeals are exhausted. For example, the one year deadline under AEDPA for habeas relief begins ticking when you exhaust your direct appeals (usually a denial of Cert by the SCOTUS). At the4 same time, he becomes a convicted felon when the court enters a judgment of guilty. So, Sen. Stevens has a point to the extent that as of now, he is not convicted and when he is, the conviction will not be final until he exhausts all direct appeals.
But he was found guilty of seven felony counts by 12 jurors. That's a mark next to the Senator's name that most people do not have. I think a nice rule of thumb is, if someone will not hire you as a janitor at a school, then you shouldn't hold an office of public trust. Of course, this says nothing about the absurdity of a sitting U.S. Senator making these "technicality" arguments--especially for someone who has worked tirelessly to hinder defendants' rights on appeal.
Labels: Rabid Conservatives
posted by Armen Adzhemyan at 11:39 AM
4 Comments:
You actually think Ken Lay is dead?
He has a right to be outraged, and he has a damn good basis for appeal. The government's conduct in his case is the real scandal.
Didn't the government fail to disclose exculpatory evidence, among other things? I think the judge had to talk to them a few times and that he has potentially legit government misconduct arguments (despite probably committing those crimes). I think the Senator's "finally convicted" comment should probably be considered in that context, as opposed to assuming that he's purely spinning. I mean, he's certainly spinning, too. But my understanding is that his appeal/new trial motions aren't frivolous.
you should read my blog
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