Stevens’ attorney, famed Iran-Contra defense attorney Brendan Sullivan, understood that Stevens could not stand for re-election Alaska with the indictment still hanging over his head. Sullivan also likely understood that the government had rushed to secure the indictment ahead of the DOJ that precludes indicting a person running for office less than 90 days prior to the election.

In recognition of those two facts, Brendan Sullivan informed the prosecutors and the Court that Stevens would be asserting his rights to a fair and speedy trial under the Constitution and the federal Speedy Trial Act, 18 U.S.C. Sec. 3161(c)(1), which states:

In any case in which a plea of not guilty is entered, the trial of a defendant charged in an information or indictment with the commission of an offense shall commence within seventy days from the filing date (and making public) of the information or indictment, or from the date the defendant has appeared before a judicial officer of the court in which such charge is pending, whichever date last occurs.

Sullivan and Stevens demanded that his trial begins at the earliest possible date and that he would not waive his statutory “Speedy Trial Act” rights to have the trial begin not more than 70 calendar days after his initial appearance.

That tactical decision meant the defense had less than two full months to review and analyze all the evidence in the government’s case, and to prepare to present evidence of their own in Stevens’ defense. But Brenden Sullivan had read the situation correctly, the prosecutors had hastily assembled their indictment to file it prior to the 90-day limit, and their case was not organized. All the witnesses had not been interviewed, all the evidence hadn’t been gathered, and all the reports had not yet been written. But by filing the indictment they started the clocking running on a very short window of time within which all that would need to be accomplished AND have the case prepared for trial where the government has the burden of proof and has to go first. //

This is why the basic rule for federal prosecutors is ALWAYS have your case ready for trial on the day you seek an indictment. Never count on the possibility that you will have additional time to build your case after the case is indicted by doing things after the indictment that should have been done prior to the indictment.

I have always wondered why more defense attorneys didn’t take his calculated risk to force the government to go to trial quickly. It probably has more to do with the “fear” of their clients , and the “sound” advice of a defense attorney to give the government more time to get ready by waiving your right to a trial within 70 days.

Pushing for an indictment from Durham before he’s fully prepared to take a case to trial is a path to a potentially unhappy outcome. Durham understands that.