A day after she declined to dismiss the government’s case against ex-Abramoff Associate Kevin Ring, U.S. District Judge Ellen Huvelle handed the government another win today.
Ring’s lawyers – Miller & Chevalier partners Richard Hibey, Andrew Wise and Timothy O’Toole – had moved to disqualify Public Integrity Chief William Welch II from case because he is under criminal investigation by a government witness. As we previously reported here , Welch voluntarily took himself off the case on June 9, though he will continue to be consulted to ensure the government fulfills its discovery obligations, according to court documents.
The judge had suggested in a previous hearing that Justice should build a “wall” between Welch and the case against Ring, who is accused of lavishing lawmakers with free gifts, trips and meals, in return for helping his clients. Apparently, Welch’s partial recusal satisfied her.
“I don’t think there are any bias problems,” Huvelle said, swiftly denying the motion from the bench.
Welch is under investigation for his work on the prosecution of Ted Stevens, who’s case was dismissed after a fresh team of prosecutors dredged up documents — after trial — that could have aided in the former Alaska senator’s defense. U.S. District Judge Emmet Sullivan appointed Henry Schuelke III of Janis, Schuelke & Wechsler, to investigate Welch, his deputy, Brenda Morris, and four other prosecutors. The alleged conflict is this: Ring’s firm, Greenberg Traurig, hired Schuelke to conduct and internal investigation when the Abramoff scandal exploded in 2004. Now, he’s a key piece of the government’s case against Ring.
The Stevens case was invoked on numerous occasions during today’s hearing. Ring’s lawyers have made a broad request for communications among prosecutors and agents that would show what inducements cooperating witnesses recieved and whether they had been threatened. Huvelle was initially warm to the idea.
“I’m hoping these things don’t exist, but I’m not so stupid to think they don’t ever,” she said.
Prosecutors said the defense team’s request was unreasonable considering the scale of investigation. The government has six cooperating witnesses, who have been interviewed by around 100 agents and prosecutors from eight law enforcement agencies, said Public Integrity prosecutor Michael Ferrara. The government has already agreed to hand over all the memos and 302s from witness interviews, which the defense could use to at trial, if they find inconsistent statements, Ferrara said.
After Huvelle understood the defense lawyers’ request to require the prosecutors to go beyond a search for e-mails and documents memorializing their discussions, she said simply, “I pass.” But she also she gave the defense team an opportunity to sharpen its request. The brief is due by July 1.
