The Ted Stevens case has become a template for examining prosecutorial misconduct. Specifically, what about the role of special counsel over recent years? Do officers at the highest levels of the court ignore the charge ‘minister of justice’? What part(s) of MR 3.8 (Special Responsibilities of a Prosecutor) have prosecutors ignored or misconstrued? Is it the duty of the courts to remind prosecutors that they must adhere to the rules, including following Brady? These are but a few questions to consider, especially in light of recasting the report of Henry “Hank” Schuelke, III, which was prepared at the court’s request subsequent to egregious DOJ attorney misconduct.
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