On June 10, 2013, the Justice Department filed a petition asking the Merit Systems Protection Board to reverse the decision by Adminstrative Judge Benjamin Gutman in April that the Department had violated internal procedure in the disciplinary actions against AUSAs Joseph Bottini and James Goeke. The two assistants were accused of ethical violations in the corruption cases against the late Alaska Senator Ted Stevens.

The Office of Professional Responsibility had concluded that Goeke and Bottini committed professional misconduct in the Stevens case. The Justice Department overruled career DOJ attorney Terrence Berg who had determined the two had exercised poor judgment but not professional misconduct.

NAFUSA board member Kenneth Wainstein represents Bottini and said Berg “was dead right when he concluded that Joe had made honest mistakes that were not professional misconduct, and MSPB Judge Gutman was equally right to find a procedural violation when the Justice Department ignored that conclusion.”