Judge Tells Stevens to Turn Over Disputed E-mails

15 Oct 2008 // A federal judge on Tuesday ordered Sen. Ted Stevens's defense attorneys to turn over thousands of e-mails sent by his wife, Catherine, during the time when the Alaska Republican allegedly concealed hundreds of thousands of dollars of gifts.

The fight over the e-mails intensified over the last several days when it became clear that the senator's wife would testify this week. The government is trying to undermine the defense team's assertion that Catherine Stevens took the lead role in arranging the home renovations and kept the senator out of the loop when he was consumed with his work on Capitol Hill.

Catherine Stevens's law firm, Mayer Brown LLP, has turned over 29,000 pages of documents, but the government has issued a subpoena because it says many e-mails before 2005 were not produced. Stevens's seven felony charges for not reporting gifts and elaborate home renovations date back to 1999. The government wants all e-mails from 1999 between the senator's wife and her husband, and messages she sent to 37 people connected with the case.

The government also wants e-mails regarding earrings given to Lily Stevens, the couple's daughter.

The defense team said that the government was engaging in a last-minute "fishing expedition," and attorney Joseph Terry called the subpoena "invasive."

But Judge Emmet G. Sullivan was not convinced by the defense's arguments and said the defense should turn over three disks that contain thousands of e-mails.

"This court is not persuaded that the subpoena should be quashed," Sullivan said.

Catherine Stevens could testify as soon as Tuesday, and the senator may testify Wednesday.