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Culture War Roundup for the week of June 5, 2023

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Ted Stevens is an awkward example, because there's a lot of pretty good evidence that he didn't do it: the prosecution's case depended on the claim a contractor was underbilling him, and that contractor said in an interview with the FBI (concealed from the defense) that work was worth at most a third of the government's estimate, that the whole house wasn't worth the government's estimate, and that the contractor had refused to send bills to Stevens when Stevens had asked, while prosecutors either stood by without correcting or suborned perjury.

My point isn't that the prosecutors were Bad People, though I think they were. My bigger objection is that Stevens quite probably was innocent, and more likely than not well in compliance with the spirit of the law, rather than skirting on the edges. Even presuming that the appropriate level of prosecutor misconduct or prosecution of a marginal case isn't zero, it seems like there's a lot more low-hanging fruit than one where suborned perjury resulted in an innocent man being found guilty.

I think Gillum and McDonnell cases are lower-hanging fruit from a rhetorical perspective, in that it's pretty clear that they did the things, that the behavior was intended to fall in the bounds of the law, and it's mostly a matter of whether they had sufficient cutouts (for Gillum) or where the law was written specifically enough to cover the bad behavior (McDonnell). BridgeGate is more difficult, since the behavior by Kelly and Baroni were definitely Bad Things, and they should be illegal, but the wire fraud statute was a really stupid approach to try and go after them.

There's a lot of stuff like this, and it's far broader (and often worse!) than mere corruption.

I just don't think, given the available evidence, that Stevens was in that set. The law clearly prohibited what he was alleged to have done -- there's a reason he and the Bridge to Nowhere were a staple reference from the (GOP-leaning!) Porkbusters set until the second shoe dropped -- it's just that the government had very strong reasons to believe that he didn't do those things.