DOJ paying legal fees for prosecutors who botched case

WASHINGTON -- The U.S. government has spent nearly $1.8 million defending prosecutors from allegations that they broke the law in the botched corruption case against former Alaska senator Ted Stevens, Justice Department records show.

The case against Stevens fell apart three years ago when the Justice Department admitted its attorneys had improperly concealed evidence that could have helped his defense. A court-ordered investigation concluded in November that prosecutors had engaged in "significant, widespread, and at times intentional misconduct," but that they should not face criminal contempt of court charges.

Records obtained under the Freedom of Information Act show the department paid about $1.6 million since 2009 to private lawyers representing the six prosecutors targeted by that court investigation. It paid an additional $208,000 to defend three prosecutors from a separate finding that they had committed civil contempt of court.

"Unfortunately, it's the taxpayers who are losing twice," said Sen. Chuck Grassley, R-Iowa, the top Republican on the Judiciary Committee. "First, the Justice Department committed serious legal errors and ethical missteps in its taxpayer-funded investigation and trial against Sen. Stevens. And second, this is an unseemly high amount of money being spent by the taxpayers to defend what appears to be egregious misconduct."

The department spent the money at the same time its internal watchdog, the Office of Professional Responsibility, is investigating the prosecutors' handling of the case. The department did not pay the outside lawyers representing its prosecutors in that probe, which is ongoing.

A 2010 USA TODAY investigation found that the department's internal investigations frequently took a long time and that prosecutors faced little risk of losing their jobs even when officials documented serious misconduct. Court records show that most of the attorneys named in the Stevens case continue to be assigned to criminal cases.

By law, the Justice Department can only spend taxpayer money to defend its lawyers from possible criminal charges when officials determine that doing so is "in the interest of the United States." DOJ spokeswoman Laura Sweeney said the "government's long-standing practice has been to provide or make representation available to federal employees for legal proceedings arising out of the performance of their official duties."

In the past, records show that the Justice Department has hired outside lawyers to represent its attorneys when they faced civil lawsuits and charges in front of state panels that regulate lawyers.

Stevens, a Republican who died in a 2010 plane crash, was charged with violating federal ethics laws by failing to disclose $250,000 in gifts.