Sen. Stevens Wants Lying Charges Dropped
Lawyers for the GOP senator say prosecutors don't have authority over the case.
Aug. 14, 2008 — -- In a flurry of court filings filed late this afternoon, attorneys for Sen. Ted Stevens asked a federal court to dismiss the indictment that charges the Alaska Republican with concealing $250,000 worth of gifts.
Stevens' attorneys claim in one of the seven court filings that the charges violate the Constitution's separation of powers authority.
"Only the Senate may discipline a senator for violating Senate rules and Congress cannot delegate that authority to the executive branch. This prosecution [therefore] cannot proceed and the indictment should be dismissed," they wrote.
A federal grand jury returned a seven-count indictment against Stevens on July 29, alleging that he "knowingly and intentionally sought to conceal and cover up his receipt of things of value by filing Financial Disclosure Forms that contained false statements and omissions."
The forms in question, filed annually from 1999 to 2006, did not mention $250,000 worth of gifts and home renovations prosecutors say were paid for by the now-defunct Alaska oil services firm VECO. Stevens entered a not guilty plea to the charges last month.
Referring to the alleged misstatements, the filing continues, "Even to the extent that the Senate may have intended that misstatements on the Financial Disclosure Reports be enforceable by the executive [branch], it had no authority to delegate federal prosecutors its exclusive constitutional authority to enforce Senate rules."
In a separate filing, Stevens' lawyers note that the criminal investigation and charges against the longest-serving Republican senator are in violation of the speech and debate clause.
"The indictment also broadly alleges solicitations for official action on behalf of VECO that Senator Stevens supposedly received as part of the so called 'scheme.' These allegations apparently involve Senator Stevens legislative actions, votes and decisions… evidence of how Senator Stevens 'acted, voted or decided' as a legislator -- in direct violation of the Speech or Debate Clause."
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