A federal judge is considering dismissing Sen. Ted Stevens's criminal case after government prosecutors violated a court order to turn over critical evidence to the Alaska Republican's defense team.
In a stunning beginning to a critical day in the trial, Judge Emmet G. Sullivan erupted at the Justice Department for waiting until just before midnight Wednesday to disclose FBI notes discussing Stevens's intent to pay for gifts that are at the center of his criminal trial.
"Why shouldn't I dismiss the indictment?" Sullivan fumed. "It strikes me this is probably intentional."
The judge said the two parties need to submit briefs to the court Thursday afternoon, and scheduled a 4:30 p.m. hearing to determine whether to dismiss the case.
A dismissal would mark a remarkable end to a years-long investigation into the actions of the longest-serving GOP senator in history, who faces reelection in November.
But Sullivan seemed to be leaning more towards imposing "lesser sanctions," like delaying the trial until the government provides all unedited FBI notes to the defense.
http://thehill.com/leading-the-news/judge-may-dismiss-stevens-case-2008-10-02.html