Judge wants investigated prosecutor off trial

WASHINGTON — A federal judge wants to keep a prosecutor already under investigation for his role in the Ted Stevens case out of a separate congressional corruption trial.

So far, the Justice Department has not explained how or whether prosecutor William Welch will be removed as the case’s supervisor.

U.S. District Judge Ellen Huvelle made it clear that’s what she expects at a hearing Monday in the case of Kevin Ring, a former associate to criminal lobbyist Jack Abramoff. Abramoff is in prison for defrauding his clients and bribing public officials, and Ring is fighting charges that he was involved in the corruption conspiracy.

Welch is the chief of the Justice Department’s public integrity section, which is prosecuting Ring. Although he’s not been in the courtroom litigating the case, he is closely involved. He is supervising attorneys that are in the courtroom, is listed as a lead attorney, has conducted witness interviews and his signature is at the top of government filings as recently as last week.

Welch is also under a criminal investigation, along with four other federal prosecutors, for withholding evidence from defense attorneys in the Stevens trial. Stevens served 40 years in the U.S. Senate but lost re-election last fall days after being convicted on corruption charges. But the guilty verdict was dismissed this month after the Justice Department acknowledged it had improperly withheld evidence.

The criminal investigation is being led by Washington attorney Henry Schuelke, who coincidentally is expected to be a witness in Ring’s case. The lobbying firm that Ring worked for, Greenberg Traurig, hired Schuelke to conduct an internal investigation after Abramoff was accused of corruption. Ring is charged with two counts of obstruction of justice for lying to Schuelke as part of his investigation.

Ring’s attorneys argued in court Monday that Schuelke should not be allowed to testify because he is now investigating Welch. Prosecutors responded that Welch does not have a litigative role in the case.

Huvelle said she wasn’t persuaded that Schuelke should be kept off the witness stand. But she told prosecutors they should “have a wall” keeping Welch from the case. “Get his name off,” Huvelle said. “Clean it up.”

“I also think, truth be known, he won’t be the head of the division by the time this goes to trial,” Huvelle said, suggesting that Attorney General Eric Holder may replace him with another public integrity chief of his choosing.

Ring’s attorneys responded that taking Welch off the case now won’t change their objection to Schuelke because he’s been so heavily involved in the case up to this point. They said Schuelke’s testimony could create the “appearance of impropriety.”

Prosecutors told Huvelle that Welch is supervising them and there is “no wall now.”

“I’m suggesting you get one,” Huvelle said.

She did not issue a written order. And as of Friday, Justice Department officials would not comment about what Welch’s role will be in the case or if he will be removed.