Will Holder's First Step Be the Last Step?
As Jeralyn reported earlier this week, the Justice Department dismissed the indictment against Ted Stevens in response to its admitted violation of the prosecution's duty to disclose exculpatory evidence. John Terzano persuasively argues that Eric Holder's decision to dismiss "represents a critical first step in addressing a growing nationwide problem of prosecutors abusing their power in order to secure convictions."
The proper role of a prosecutor is not to simply seek convictions, but to see that justice is done. In pursuing a conviction against Stevens, prosecutors ignored their constitutional and ethical obligations to ensure a fair trial process. Holder rightly recognizes that there can be no justice when the fairness of a criminal proceeding is interrupted by government misconduct.
Whether Holder's "critical first step" will be an effective first step is a different question. [more ...]
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