Emmet Sullivan, the U.S. District Court judge who presided over the failed prosecution of Sen. Ted Stevens and who is now pressing ahead on the contempt investigation of the Stevens prosecution team, ordered that any material turned over to the independent prosecutor he appointed be kept secret.
In an order signed at 6:50 p.m. EDT, Sullivan found that "ongoing investigations" could be impeded by disclosure of "certain investigative files, documents, e-mails, grand jury transcripts, interview notes, interview memoranda and other information." Sullivan also said that disclosure could damage the rights and privacy of innocent people and entities.
The protective order had been sought by the attorney representing the Justice Department in the contempt investigation, Deputy Attorney General Gary Grindler of the criminal division.
On April 7, when Sullivan dismissed charges against Stevens, he also appointed Washington lawyer Henry Schuelke to investigate six of the Stevens prosecutors for contempt for failing to turn over information to the defense.
Grindler asked Sullivan for the protective order before turning over Justice Department files to Schuelke. Schuelke did not oppose Grindler's request.
The assertion that one or more investigations are continuing confirms what the FBI office in Anchorage said after the Stevens dismissal: While Stevens can't be retried on charges that he failed to disclose gifts and free services, other crimes are still under investigation. Among the most prominent subjects of the Justice Department and IRS probes are Stevens' son Ben, the former state Senate president, and U.S. Rep. Don Young.
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