Senator Ted Stevens may get a mistrial after the judge discovered that prosecutors withheld material evidence from his defense. It is a great irony for the Republican Senator who, like Sen. Larry Craig, spent careers stripping criminal defendants of rights, but soon found the value of those hated little “technicalities.”

The fact is that the alleged abuse by the prosecutors should result in a new trial and U.S. District Judge Emmet Sullivan is the type of judge who would order it. I have been in front of Judge Sullivan for years and he is someone who will not take constitutional violations lightly.

The violation deals with FBI reports about the prosecution’s star witness, Bill Allen, which were not turned over until Wednesday night. These are core and material reports for the defense.

Judge Sullivan was clearly irate at the initial hearing, stating: “This is not about prosecution by any means necessary. It’s not about hiding the ball. … Why shouldn’t I dismiss this indictment? I find it unbelievable that this was just an error.” He previously warned prosecutors about their handling of the case.

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