Can Sen. Stevens Still Serve Despite Conviction? NPR

[seemslikeadream]

http://www.npr.org/templates/story/story.php?storyId=96189996
by David Welna

NPR.org, October 27, 2008 · Alaska Sen. Ted Stevens' criminal conviction raises the question of whether he can continue as a member of the upper chamber of Congress if he wins re-election next week.

A federal jury on Monday found Stevens, the Senate's longest-serving Republican, guilty of seven felony charges of lying on financial disclosure forms about gifts he received. Stevens is also trying to get re-elected to an eighth term on Nov. 4. If he wins, can Stevens be sworn in?

The answer, it seems, is a definite "maybe." U.S. Senate Associate Historian Donald Ritchie says there have been only eleven U.S. senators in more than two centuries who have been indicted while in office. Of them, not one was expelled by fellow senators.

An expulsion requires the backing of at least a two-thirds majority in the Senate. Most either resigned to avoid expulsion or were acquitted of the charges against them before any action was taken by the Senate.

According to Ritchie, the Senate can essentially do anything it wants with regards to indicted or convicted members.

"The U.S. Constitution gives the Senate tremendous latitude to judge the qualifications of its members," says Ritchie, "and historically, the Senate's been very reluctant to expel such members."

Instead, the Senate has generally preferred to wait for the appeals process to play out for a member convicted of a felony.

A member such as Stevens would likely be "seated without prejudice" — that is, allowed to be sworn in once again, but subject to further action by the Senate if an appeal of his case is turned down.

In such a case, the matter would likely be dealt with by either the rules or ethics committees before being taken up by the full Senate.

[Happyhippychick]

1. Sure. The Senate welcomes Republicans who are convincted felons.

[Mojorabbit]

2. Nothing like a breaking

republican scandal a week before election day. The universe must have our back this time.

[tekisui]

4. 2006 was the best. It was a weekly march of puke scandals.

Maybe, the last week will repeat.

[aquart]

8. HUSH!

[Uben]

3. He won't have to......

......I hear Tom Delay is rushing to move to Alaska!



/sarcasm

[Blue_In_AK]

5. I think this is a moot issue.

Ted and Mark Begich were virtually tied, but I'm sure this conviction will change a lot of people's minds. Had he been acquitted, he might have pulled it off, but I don't see that happening now.

[Winterblues]

7. I really hope you are right but this is Alaska

I have been listening to Begich Ads and it seems he is confusing Don Youngs Ads against Berkowitz with Stevens Ads against him. Why would he suggest Ted would want to run against Peloisi and Al Gore? It was Young that brought those two up in his Ad where he said he would be Peloisi's worst nightmare..I have full confidence in Alaskans ability to vote for their Party before their State or their Country..I think it will still be a nail biter and Stevens just may even win.

[Blue_In_AK]

10. My friend, have faith

(doing my best McCain impersonation). I saw Al Gore in the Stevens ad (which didn't make a lot of sense to me) and Pelosi in the Young ad. I think everyone will figure it out.

Fingers crossed.

[remember2000forever]

6. Does He Go To A Camp? Alaskan Camp? Florida Has Nice Camps, Not Cold. LOL

[arcadian]

9. U.S. Senate = Ole' Boys Club

[seemslikeadream]

11. Senate Expulsion Rules

http://www.cbsnews.com/stories/2008/10/27/politics/politico/thecrypt/main4550327.shtml

Here's a handy backgrounder from the Senate Web site:

Expulsion:

"Article I, Section 5, of the United States Constitution provides that "Each House may determine the Rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member."

Since 1789, the Senate has expelled only 15 of its entire membership. Of that number, fourteen were charged with support of the Confederacy during the Civil War. In several other cases, the Senate considered expulsion proceedings but either found the member not guilty or failed to act before the member left office. In those cases, corruption was the primary cause of complaint."

In the entire course of the Senate's history, only four members have been convicted of crimes. They were: Joseph R. Burton (1905), John Hipple Mitchell (1905), Truman H. Newberry (1920), and Harrison Williams (1981). Newberry's conviction was later overturned. Mitchell died. Burton, Newberry, and Williams resigned before the Senate could act on their expulsion."

[Wiley50]

12. Sen. Wide Stance Is n/t

[Octafish]

13. 'Wide Stance' Larry Craig held on to his job.

Thanks in no small part to him and Stevens, it's gotten, uh, hard to find a good paying job these days.

[TripleKatPad]

14. My prediction

Not a chance in Hades that Stevens will exhibit any shame and resign. I would bet my house that he believes he is innocent...in his own mind. Aren't they always?

This stubborn old goat will serve his full term. No way the Senate will throw him out. Repubs don't have shame either and will spin like a cyclone about this.

And then, Bush pardons him.

I can only hope Alaskans will boot him out, but I wouldn't count on it. There will be some who feel sorry for him. We could easily be stuck with him beyond 2009.

Ok, there. My deepest, darkest cynicism for all to see.

On the other hand, there was a beautiful rainbow across the sky on my way home from work. Maybe I should take that as a good sign.

[aint_no_life_nowhere]

15. Has a sentence been handed down? Unless Chimp pardons him

it might be tough serving in the Senate from behind bars (if he gets prison time, that is).