With the backing of the American Bar Association, the U.S. Chamber of Commerce, the American Civil Liberties Union, among others, legislation introduced by Senator Lisa Murkowsk (R-Alaska) seeks to create a new national standard for prosecutorial disclosure of evidence in federal cases. This comes in the wake of the scathing 524-page report recently unsealed that concluded prosecutors in the Senator Ted Stevens (R-Alaska) case “intentionally withheld and concealed significant exculpatory information.”
In an article in Roll Call, the longstanding newspaper of Capital Hill, Peter Awindenbert, a partner at DLA Piper, said this issue goes well beyond this case: “…I think the problem is, frankly, larger. It’s a systemic, global problem in that the way discovery is currently provided in these white-collar cases is problematic.”
The article shares expert views on the troubling conflict inherent in prosecutors determining what is exculpatory.