David Safavian - Indictment, Trial, Conviction, Reversal By The Court of Appeals & Sentencing

Indictment, Trial, Conviction, Reversal By The Court of Appeals & Sentencing

David Safavian was indicted October 5, 2005. He was accused of making false statements and obstructing investigations into his dealings with Jack Abramoff while he was chief of staff for the General Services Administration. His trial started May 25, 2006. Guilty verdicts on four of five felony counts of lying and obstruction were returned June 20. However, all of the convictions were overturned by the Judges Raymond Randolph, Harry Edwards, and Judith Rodgers of the United States Court of Appeals for the District of Columbia Circuit on June 17, 2008.

The three judge panel of the court of appeals found that the Department of Justice had vastly overreached in charging Safavian. Moreover, the appeals court found that the trial court had committed reversible error by allowing the Justice Department to use the equivalent of expert witness testimony, but did not grant Safavian with the same latitude. Because Safavian's defense was unfairly limited, the court overturned all four convictions. In doing so, double jeopardy applies to at least one charge and an additional specification. This leaves only three of the original five charges in which the prosecution can retry Safavian. The unanimous opinion, written by one George H.W. Bush appointee (Randolph), a Carter appointee (Edwards), and a Clinton appointee (Rogers) can be found at: http://pacer.cadc.uscourts.gov/common/opinions/200806/06-3139-1121949.pdf. On October 16, 2009 Safavian was sentenced to a year in prison for lying about his association with Jack Abramoff by U.S. District Judge Paul L. Friedman. Judge Friedman is deferring his prison reporting date to allow him to be with his wife when she delivers their child.