The 60th ObamaCare Vote - COPY . http://online.wsj.com/

 

The 60th ObamaCare Vote

A soon-to-be released report shows how rogue prosecutors defeated Ted Stevens.

Mitt Romney recently argued that campaign rival Rick Santorum was responsible for ObamaCare because the former Pennsylvania Senator had, years before its passage, supported Arlen Specter, his homestate colleague and one of the 60 Senators who later voted for the bill. Mr. Romney's Massachusetts creation of the prototype for President Obama's signature law appears to be the greater sin against free health-care markets. But after March 15, even Mr. Romney may agree that the blame for the 60th vote really belongs to the U.S. Justice Department.

That's the day a federal court has ordered the release of an independent report on Justice's "systematic concealment" of evidence. Specifically, the report ordered by Judge Emmet Sullivan found that federal attorneys prosecuting the late Senator Ted Stevens of Alaska hid "significant exculpatory evidence which would have independently corroborated [his] defense and his testimony, and seriously damaged the testimony and credibility of the government's key witness."
Associated Press
Ted Stevens in 2008.
That much we know from sections of the report already made public, but several of the offending prosecutors have been trying to prevent the release of the full 500 pages chronicling the extent of their misconduct. Judge Sullivan recently and to his great credit denied their requests and so Americans will see the panorama of abuse.
These prosecutors, working in Justice's ironically named Public Integrity Section, trampled on Stevens's rights by ignoring the Brady rule, which requires prosecutors to share exculpatory evidence with the defense. The feds then won a conviction on ethics charges less than two weeks before Election Day in 2008.
Stevens, a Republican who had been highly popular in Alaska prior to the prosecution, lost a close race to Democratic challenger Mark Begich. Mr. Begich went on to become, yes, one of the 60 Senate votes for ObamaCare in 2009.
Within months of the election, as the federal abuses came to light, Stevens' conviction was set aside. But the election result, highly influenced by the bogus conviction, never was. As Judge Sullivan recently noted in explaining all the reasons that the report should be made public, the Stevens loss "tipped the balance of power in the United States Senate." And in favor of ObamaCare.
A version of this article appeared Mar. 5, 2012, on page A14 in some U.S. editions of The Wall Street Journal, with the headline: The 60th ObamaCare Vote.

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