Stevens: Agent, witness had sexual affair during trial

posted at 12:08 pm on January 27, 2009 by Ed Morrissey

Did an FBI agent have a sexual affair with a key witness against Ted Stevens while giving testimony?  Stevens’ attorneys leveled that accusation yesterday in court, and it could derail the federal prosecution of the former Republican Senator.  An FBI whistleblower tipped off the defense:

Attorneys for former Sen. Ted Stevens (R-Alaska) have accused an FBI agent involved in the Stevens corruption investigation of having an inappropriate relationship with a key witness in the case.

Based on a complaint by an FBI whistleblower, Agent Chad Joy, the Stevens defense team claims that Mary Beth Kepner, the lead FBI agent on the case, had a personal relationship with Bill Allen, the CEO of an Alaska oil services firm and a witness against Stevens.

Stevens’ lawyers state that Joy’s memo “strongly suggests that the inappropriate relationship was sexual.” Joy stated that Kepner “wore a skirt for Allen” on a day that he was to testify in the case.

Joy also charges that Kepner may have provided secret grand jury information to Allen about other ongoing federal investigations.

The affair may be the lesser of the concerns prosecutors have over this motion.  Joy informed the prosecution of the relationship on or before December 2nd, but did not reveal it to the court on that day.  That could represent prosecutorial misconduct if the judge rules that the information was relevant and germane to the defense — and it’s hard to argue that a sexual relationship between a key witness and an FBI agent wouldn’t go to credibility.

Of course, this doesn’t make Stevens into a wide-eyed innocent.  But Allen was one of the prime movers of the alleged corruption involving Stevens.  He ran the firm that did all of the construction work on Stevens’ house, the events that triggered the FBI investigation in the first place.  The FBI and prosecution chose his version of those events over Stevens’ and presented them as fact to a jury in order to gain a conviction against the Senator.

If Allen and one of the investigators had a sexual relationship, that decision certainly looks a lot less solid.  Was the agent serving on behalf of the people, or on behalf of her boyfriend?  That’s a question the defense had the right to raise at trial, and if the prosecution knowingly suppressed that information, then there should be hell to pay in Alaska.

We’ve used our quota of sexual double entendres in the contraception stimulus thread, but Stevens may have a good case to argue that he got railroaded — or at least did not get his full measure of justice.


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Did an FBI agent have a sexual affair with a key witness against Ted Stevens while giving testimony?

Hmmm never done it in a court room before.

- The Cat

MirCat on January 27, 2009 at 12:12 PM

wow — just when you think the competence level of federal law enforcement can’t sink any lower ..

/for the law-yuhs — is this truly enough to overturn a conviction tho?

Buckaroo on January 27, 2009 at 12:12 PM

Stevens may have a good case to argue that he got railroaded — or at least did not get his full measure of justice.

No he wasn’t. Yes he did. Stupid republicans.

lorien1973 on January 27, 2009 at 12:12 PM

But did they use the Pelosi contraceptives?

I’m thinking if they had, they wouldn’t have had sex in the first place. Putting Pelosi and sex together is a buzz-kill, to say the least.

Anna on January 27, 2009 at 12:12 PM

“MirCat on January 27, 2009 at 12:12 PM”

the “jury box club” ….
:-)
:-)

Buckaroo on January 27, 2009 at 12:12 PM

there’s some real conflict of interest and potential misrepresentation if that’s the case

Defector01 on January 27, 2009 at 12:13 PM

Man, these Alaskans are a horny bunch.

marklmail on January 27, 2009 at 12:13 PM

“marklmail on January 27, 2009 at 12:13 PM”

Dude — ~2 hours of sun in the winter …
:-)

Buckaroo on January 27, 2009 at 12:14 PM

Allow me to coin a new term: “The Stenis”, as in “Clenis”.

BobMbx on January 27, 2009 at 12:15 PM

All that evidence of having cheap, Gay sex in a public bathroom stall is just too much temptation for some people. Bump and grind time.

Hening on January 27, 2009 at 12:15 PM

I will reserve comment till i see a picture of this witness. Because most of us guys think with the little man first, especially if this witness was a looker. If she looked like Pelosi though, i think the FBI guy should be fired, and Stevens should go free.

MDWNJ on January 27, 2009 at 12:16 PM

All that evidence of having cheap, Gay sex in a public bathroom stall is just too much temptation for some people. Bump and grind time.

Hening on January 27, 2009 at 12:15 PM

Um, wrong ‘republican’. You would be talking about Idaho’s Wide Stance Craig.

HornetSting on January 27, 2009 at 12:17 PM

I’m thinking if they had, they wouldn’t have had sex in the first place. Putting Pelosi and sex together is a buzz-kill, to say the least.

Anna on January 27, 2009 at 12:12 PM

I agree. Let’s make a law where all condom and intimate lubricant packaging must contain a photograph of Pelosi in prominent display. Also, all urinals in the usual pick-up joints must have a Pelosi photo at eye-level. This should deter a considerable number of one-nighters.

BobMbx on January 27, 2009 at 12:18 PM

MDWNJ on January 27, 2009 at 12:16 PM

Read it again. The witness is the guy.

Snowed In on January 27, 2009 at 12:18 PM

She wore a skirt for him at trial? Seriously?

She’s a federal agent, not some high school kid cheering on the football star at the big game and flirting with him in between plays.

Esthier on January 27, 2009 at 12:19 PM

Is this the same as the “tingle” running down Matthew’s leg?

Also, just wondering, off topic, has everyone been mis-spelling “tingle”? At his age was it actualy “tinkle”?

Inquiry minds want to know!!!!

Mark Garnett on January 27, 2009 at 12:19 PM

It all depends on how good looking she is…if she is really “hot” then it is okay, but if she looks like Janet Reno…

right2bright on January 27, 2009 at 12:20 PM

It all depends on how good looking she is…if she is really “hot” then it is okay, but if she looks like Janet Reno…

right2bright on January 27, 2009 at 12:20 PM

Could be. The witness is a guy.

HornetSting on January 27, 2009 at 12:22 PM

If she looked like Pelosi though, i think the FBI guy should be fired, and Stevens should go free.

MDWNJ on January 27, 2009 at 12:16 PM

Other way around.

Esthier on January 27, 2009 at 12:22 PM

“right2bright on January 27, 2009 at 12:20 PM”

har dee har har — can we not act like guys for just a minute here and focus on right and wrong?

/or is that too much to ask when ted stevens is involved?
:-)

Buckaroo on January 27, 2009 at 12:23 PM

Here is the agent explaining the “rules” of engagement.

right2bright on January 27, 2009 at 12:23 PM

har dee har har — can we not act like guys for just a minute here and focus on right and wrong?

Why start now?

Snowed In on January 27, 2009 at 12:25 PM

Esthier on January 27, 2009 at 12:22 PM

Yeah i realized that , when i reread it. Must be that im a still drunk on the aura of hope&change. My bad.

MDWNJ on January 27, 2009 at 12:27 PM

“Snowed In on January 27, 2009 at 12:25 PM”

oh, never mind then …

Buckaroo on January 27, 2009 at 12:29 PM

Yeah i realized that , when i reread it. Must be that im a still drunk on the aura of hope&change. My bad.

MDWNJ on January 27, 2009 at 12:27 PM

Being drunk in the era of Hope and Change is nothing to apologize for. It’s a survival tool.

Esthier on January 27, 2009 at 12:29 PM

Esthier on January 27, 2009 at 12:29 PM

Haha… very good!!

MDWNJ on January 27, 2009 at 12:30 PM

I will reserve comment till i see a picture of this witness.

MDWNJ on January 27, 2009 at 12:16 PM

The witness was the guy, FBI agent was the woman.
Picture here. I’m assuming it’s the same woman since it’s a site about the investigation and the name matches.

Oldnuke on January 27, 2009 at 12:30 PM

right2bright on January 27, 2009 at 12:23 PM

LOL!!! Well-played!

D2Boston on January 27, 2009 at 12:31 PM

All that evidence of having cheap, Gay sex in a public bathroom stall is just too much temptation for some people. Bump and grind time.

Hening on January 27, 2009 at 12:15 PM
Um, wrong ‘republican’. You would be talking about Idaho’s Wide Stance Craig.

HornetSting on January 27, 2009 at 12:17 PM

But it’s nice to see you’re so willing to accept alternative lifestyles.

hawksruleva on January 27, 2009 at 12:33 PM

This could be enough to get the conviction thrown out, with a retrial. I think Stevens is guilty, but the prosecution has to be on the up and up.

rbj on January 27, 2009 at 12:33 PM

Listen, this is almost getting to the point of being a sitcom…we have a “serious” Speaker of the House trying to explain how important contraceptives are…we have a treasury department head that is a tax evader…gov. selling senate seats…Senators with connection of lobbyists and 28 million…Biden as VP…a filthy mouthed comedian “this close” to being a senator…Calif. bankrupt, and a Gov. that still speaks like Conan…Barney Frank, who used his apt. as a gay bordello, then his ex-boyfriend ended up being a major player in the banking collapse…a do nothing “Kennedy” who was almost selected as Senator, except she evaded taxes, has an illegal nanny, and has seldom if ever voted…Obama whining about having PC’s instead of Mac’s…Obama giving his first TV interview to a quasi-terrorist supporters…A two-bit nation, Syria, calling Obama out and making Obama fulfill his campaign promises…Obama worried about a radio host, while we are fighting two wars…and embracing another TV host, Oprah, who says she could have been a senator if she wanted to…now an agent do’in a witness, and promising to wear a “short skirt”…nothing can be serious anymore, can it?

right2bright on January 27, 2009 at 12:33 PM

but the prosecution has to be on the up and up.

rbj on January 27, 2009 at 12:33 PM

At least we know they are “on top” of this case…someone is going down…

right2bright on January 27, 2009 at 12:35 PM

Still a douchebag.

Bishop on January 27, 2009 at 12:36 PM

Document dump – whistleblower Chad Joy’s complaint.

hawksruleva on January 27, 2009 at 12:36 PM

Jeez, this is a bit of a soap opera.

Too bad Stevens and his lawyers are not defending Coleman. Coleman is going down with a bunch of incompetents.

Where are the Powerline guys when you need them? Are all the Jim Baker Minnesota types out ice fishing or something?

Mr. Joe on January 27, 2009 at 12:36 PM

nothing can be serious anymore, can it?

right2bright on January 27, 2009 at 12:33 PM

Well, the Blago thing was serious enough to get him a guest spot on The View on the day his impeachment trial began.

Oldnuke on January 27, 2009 at 12:36 PM

The witness was the guy, FBI agent was the woman.
Picture here. I’m assuming it’s the same woman since it’s a site about the investigation and the name matches.

Oldnuke on January 27, 2009 at 12:30 PM

Thanks Oldnuke, Gees, i was thinking…. , well that picture was defiantly not what i was thinking.

MDWNJ on January 27, 2009 at 12:36 PM

Um, wrong ‘republican’. You would be talking about Idaho’s Wide Stance Craig.

HornetSting on January 27, 2009 at 12:17 PM
But it’s nice to see you’re so willing to accept alternative lifestyles.

hawksruleva on January 27, 2009 at 12:33 PM

What?

HornetSting on January 27, 2009 at 12:36 PM

Does anyone understand the concept of conflict of interest? If this allegation is true, is this a crime?

Tommy_G on January 27, 2009 at 12:42 PM

Is this getting big play in the press? I would think that it has all the hallmarks of a traditional big league scoop – mostly an excuse for the press to talk about sex.

But, of course, it runs, against, the press’s “Republican culture of corruption meme” since this does throw the charges against Stevens in question.

The media certainly has suddenly become uninterested in corruption now that it is on prime display in the Obama administration – Geithner, H Clinton, Holder, etc.

On a side note, has there ever been a less inspiring and talented cabinent put together in American history?

18-1 on January 27, 2009 at 12:48 PM

The witness was the guy, FBI agent was the woman.
Picture here. I’m assuming it’s the same woman since it’s a site about the investigation and the name matches.

Oldnuke on January 27, 2009 at 12:30 PM

WOOF !!!! She’s u-g-l-y! Holy Bleep, I need EYE BLEECH!!!

Mark Garnett on January 27, 2009 at 12:57 PM

The witness was the guy, FBI agent was the woman.
Picture here. I’m assuming it’s the same woman since it’s a site about the investigation and the name matches.

Oldnuke on January 27, 2009 at 12:30 PM

She’s no Jodie Foster

max1 on January 27, 2009 at 12:57 PM

The witness was the guy, FBI agent was the woman.
Picture here. I’m assuming it’s the same woman since it’s a site about the investigation and the name matches.

Oldnuke on January 27, 2009 at 12:30 PM

She’s no Jodie Foster

max1 on January 27, 2009 at 12:57 PM

Some men forget to cull.

flyfisher on January 27, 2009 at 1:01 PM

Some men forget to cull.

flyfisher on January 27, 2009 at 1:01 PM

You know what they say “Lust is blind”. Or love or something.

Oldnuke on January 27, 2009 at 1:04 PM

Man talk about being
Screwed by the FBI..

I didnt think pelozi and obama meant to screw the american people LITERALLY…

Ohh this is getting too good..

You cant make this stuff up..

jcila on January 27, 2009 at 1:04 PM

Thanks Oldnuke, Gees, i was thinking…. , well that picture was defiantly not what i was thinking.

MDWNJ on January 27, 2009 at 12:36 PM

I’m going to second that and say no more. Then again, Allen’s no prize either.

Esthier on January 27, 2009 at 1:05 PM

But did they use the Pelosi contraceptives?

LOL :P

Dritanian on January 27, 2009 at 1:06 PM

That could represent prosecutorial misconduct if the judge rules that the information was relevant and germane to the defense — and it’s hard to argue that a sexual relationship between a key witness and an FBI agent wouldn’t go to credibility.

Prosecutorial misconduct?!?! Get the fark outta here!!! Don’t you know that prosecutors, such as Johnny Sutton and Patrick Fitzgerald, are Olympian beings that are not subject to the foibles of human nature that us mere mortals are??

Bite your tongue, Ed.

thirteen28 on January 27, 2009 at 1:15 PM

right2bright on January 27, 2009 at 12:23 PM

Damnit, You RickRolled me!!!

Good job!

Tim Zank on January 27, 2009 at 1:15 PM

The witness was the guy, FBI agent was the a woman.
Picture here. I’m assuming it’s the a

woman since it’s a site about the investigation and the name matches.

Oldnuke on January 27, 2009 at 12:30 PM

Photo of Kempner

Seriously though.. If that is true, the agent needs to be fired and prosecuted. I don’t see how you can have agents having that kind of contact with witnesses and claim any semblence of fairness.

bullseye on January 27, 2009 at 1:40 PM

Tim Zank on January 27, 2009 at 1:15 PM

I don’t have time…but your blog, wth??

right2bright on January 27, 2009 at 1:42 PM

bullseye on January 27, 2009 at 1:40 PM

That’s the link nuke gave.

Esthier on January 27, 2009 at 1:44 PM

If Allen and one of the investigators had a sexual relationship, that decision certainly looks a lot less solid. Was the agent serving on behalf of the people, or on behalf of her boyfriend? That’s a question the defense had the right to raise at trial, and if the prosecution knowingly suppressed that information, then there should be hell to pay in Alaska.

Of course, the other possibility is that the boyfriend was serving on behalf of the agent. In other words, witness tampering.

unclesmrgol on January 27, 2009 at 2:10 PM

Gay sex in a public bathroom stall is just too much temptation for some people. Bump and grind time.

Hening on January 27, 2009 at 12:15 PM

Toe tap is the safest sex a person could ever have, if that’s what you call “sex”,..that’s as far as it went.

christene on January 27, 2009 at 2:14 PM

I’d be willing to bet that this whole story is nothing but a ruse. I’ll bet that one of these FBI chicks is really the mother of Trig Palin, and they’ve cooked up this little scandal to throw off the storyline in the MSM. . .

Now, where’s that tinfoil hat of mine? . . .

Doc Rochester on January 27, 2009 at 2:24 PM

can we just get this pork king gone as fast as possible?

Xolom on January 27, 2009 at 2:34 PM

MirCat on January 27, 2009 at 12:12 PM

Glad to see this was in the first comment. It would have been sad to have it still open to me two and a half hours later.

By the way, it sounds like Clinton’s response during the grand jury when he said that “is” would mean he was having sex as he said it.

Attila (Pillage Idiot) on January 27, 2009 at 2:37 PM

Dear God, Governor Stephens & Sex Scandal were 2 things I would never have thought I would ever see together.

portlandon on January 27, 2009 at 3:29 PM

A woman I work with, who for years worked in the upper ranks of the GOP, told me when this whole thing started with Stevens that he is a good guy, and that this was a set up from the start, that this was the only thing he ever did wrong. I have no evidence, of course, other than the fact that she got me into some awesome dinner invites during the last campaign.

I don’t expect anybody to take this as gospel truth, just putting it out there since the story above seems to support that theory, even if only in the slightest way.

JustTruth101 on January 27, 2009 at 4:53 PM

I’m sure this is going to be on the nightly news.

Cr4sh Dummy on January 27, 2009 at 9:24 PM