Following Stevens Trial Report, Senator Introduces Legislation for New Federal Disclosure Standards

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 Callthe 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.

 

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