In a stunning beginning to a critical day in the trial, Judge Emmet G. Sullivan erupted at the Justice Department for waiting until just before midnight Wednesday to disclose FBI notes discussing Stevens's intent to pay for gifts that are at the center of his criminal trial. 

The judge said the two parties need to submit briefs to the court Thursday afternoon, and scheduled a 4:30 p.m. hearing on a motion for dismissal filed by the defense. 

A dismissal would mark a remarkable end to a years-long investigation into the actions of the longest-serving GOP senator in history, who faces reelection in November.

But Sullivan seemed to be leaning more towards imposing "lesser sanctions," like delaying the trial until the government provides all unedited FBI notes to the defense.

Brenda Morris, the government's chief prosecutor, stumbled in explaining why the notes hadn't been disclosed, saying "it was a human error." But she contended that it would not have changed the defense's case, since the government gave the defense material that summarized the notes before the trial began, and she insisted that failing to turn them over was not intentional.

Brendan Sullivan, Stevens's lead attorney, made an impassioned plea to the court, saying the case had been mishandled worse than any in his 40 years as a defense counsel.

"These materials to me represent the last straw in the process," Sullivan said. "This, the integrity of this process, has been breached. It must stop."

Had he been in possession of the relevant information, Sullivan said, his opening argument last week would have been substantially different. The government was being "disingenuous, perhaps dishonest," in contending that his argument wouldn't have changed, Sullivan said.

Stevens is charged with seven counts of failing to publicly disclose more than $250,000 in gifts and extensive home renovations from Bill Allen, the former chief of the Veco Corp. oil company.

According to Stevens's attorney, the evidence the government just turned over showed that Allen believed that Stevens would have paid for the renovations if he was given a bill. Stevens's attorneys say the senator paid every bill he was given — some $160,000 in home renovations — but would have paid more if he received more bills. The government says Stevens knowingly and willfully kept the information off of his Senate disclosure forms to avoid the appearance of impropriety.

Allen was expected to continue his testimony and be cross-examined Thursday. However, the jury was dismissed for the duration of Thursday as the judge deals with the issue. The jury was not present when the matter was discussed.

Stevens's attorney says the defense has been unfairly hurt by the Justice Department's error because Allen has testified since Tuesday and has not been challenged in cross-examination.

“I believe it is generally harmful for direct examination for the government’s chief witness to linger in the mind of jurors,” Sullivan said.

But the government's case may be salvaged by the fact that Allen's testimony has gone longer than expected, and the defense has not had a chance to cross-examine the government's star witness.

"By the luck of God, Mr. Allen is still on the stand," Morris said.

That seemed to make the judge angrier.

"The defendant shouldn’t have to be lucky to get the government to do its job," the judge shot back, saying it was "sad commentary" that a defendant would have to luck out to get a fair trial.