Talk:Vic Kohring

/*Adding identifiers*/Reason for reversals of convictions

All six state legislators and the U.S. Senator indicted in the Alaska political corruption probe were Republicans, as was the ex-governor's chief of staff, Jim Clark. Their affiliations are as germane as are those of former Republican congressmen Rick Renzi, Bob Ney, Duke Cunningham and Democrat William J. Jefferson, all prominently mentioned in the lede on their respective pages.

Kohring's convictions were not reversed due to prosecutorial misconduct, as were the cases of Senator Ted Stevens felony convictions, but because the scope of the "Honest services fraud" statute was later considerably narrowed by the U.S. Supreme Court in its U.S. v. Weyhrauch decision. Ex-Rep. Bruce Weyhrauch was also an Alaska Republican.— Preceding unsigned comment added by Activist (talk • contribs)

The original charges were indeed dismissed for prosecutorial misconduct. See United States v. Kohring, 637 F.3d 895 (9th Cir. 2011) United States Court of Appeals, Ninth Circuit, March 11, 2011 "We agree with the district court that the prosecution suppressed favorable material, but we respectfully disagree with its conclusion as to materiality. We conclude that the newly-disclosed information, when viewed collectively, is material and that the prosecution violated Brady / Giglio . . ." See also from the dissent "I concur in Parts I and II of the majority's opinion, which unequivocally establish that the prosecution withheld and suppressed material that was favorable to the defense, in violation of Brady and Giglio, and that these suppressions undeniably prejudiced Kohring. I respectfully dissent, however, from Part III. Because this case exemplifies 'flagrant prosecutorial misconduct,' United States v. Chapman, 524 F.3d 1073, 1085 (9th Cir.2008), I would have this court exercise its supervisory authority to dismiss the Superceding Indictment with prejudice."

See also In re Special Proceedings, 842 F.Supp.2d 232 (D.D.C. 2012) United States District Court, District of Columbia February 8, 2012, where there is discussion of the extent of allegations of the prosecutorial misconduct that led to the government dismissing the case against Stevens. Note particularly footnote 12, which makes it very, very unequivocal that there was prosecutorial misconduct in the Kohring case, as well as the Kott case and the Stevens case.

I do not believe there is sufficient evidence to suggest in the main article, as the first above post seems to want to do, that the prosecutorial misconduct was for the purpose of smearing Republicans. It may well have been that the prosecutors were out to get Republicans and fabricated evidence and suppressed exculpatory evidence for that reason. But that is so speculative that I think it inappropriate to put in the article. 216.137.219.200 (talk) 21:20, 30 September 2015 (UTC)

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External links modified

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