The U.S. vs Rep. William Jefferson (D-LA): The Pretrial Motions
By Vladimir Posted in $90000 | Congress | IN HIS FREEZER!! | William Jefferson — Comments (3) / Email this page » / Leave a comment »
Judge Ellis, displaying common sense, rejects the notions that a) grand jury testimony by Congressional staffers violates the separation of powers; and II) Congressional bribery is possible even if the Congressman in question has not changed a vote to benefit the person paying the bribe.
Judge Ellis's rulings may be appealed to the 4th Circuit, in which case the Congressman's trial, currently scheduled to begin Feb. 25, will be delayed.
Judge Refuses to Drop Jefferson's Case
But trial delay likely if ruling appealed
Facing 16 bribery-related charges stemming from business deals in West Africa, Jefferson sought to unravel the government's case by claiming that some of the testimony provided to the grand jury by six current or former staffers violated the U.S. Constitution.
The staffers discussed Jefferson's former position on the House Ways & Means Committee and his involvement in trade issues. Former Chief of Staff Lionel Collins told the grand jurors that Jefferson was "very instrumental" in passing the African Growth & Opportunity Act, a trade bill, and discussed the congressman's meetings with Nigerian officials during a 1997 trip, according to partial transcripts cited in legal papers.
The attorneys for Jefferson, who did not appear at the Wednesday hearing, said that testifying about such legislative matters violated the "Speech or Debate" clause of the Constitution meant to shield the law-making process from interference by the executive branch. Attorney Gloria Solomon argued that the government's case, which alleges that Jefferson took nearly $400,000 in bribes to promote companies in Africa, was predicated on the tainted grand jury testimony.
U.S. District Judge T.S. Ellis III disagreed. In a ruling from the bench, he said that the staffers' testimony was constitutionally benign and that it only illuminated the source of Jefferson's influence overseas.
"That's why people bribe congressmen, because they have influence," Ellis said.
(Emphasis added.)
But...
Aware that an appeal was likely, Ellis made of point of saying he read through the numerous volumes of grand jury testimony himself and planned to issue a written decision explaining his reasoning. He also noted that he reached his decision after reading a court decision from then-Appeals Court Judge Samuel Alito.
It might have been a warning to Jefferson. If his appeal were to be rejected by the 4th Circuit, it could end up in the lap of the U.S. Supreme Court, where Alito is now an associate justice.
But Ellis took pains not to appear cavalier about the ruling. He called the "Speech or Debate" clause "very important."
He said that if a higher court were to reverse his opinion, it would have grave consequences for the government's case.
"If I'm wrong, Congressman Jefferson should not have to stand trial," Ellis said. "He shouldn't be here."
More obstacles to a quick trial are on the horizon. Jefferson has sought to suppress evidence seized from his home in an Aug. 3, 2005, search and throw out most of the charges because he said his actions don't meet the definition of bribery under current laws.
Key future dates:
Qualifying - July 9-11
Democratic Congressional Primary - September 6
Democrats don't have the same sense of ethics that the RNC has. Tom DeLay was accused and had to step down from his leadership position. And the accusation alone was enough to get him run out of office.
Fighting for conservatism one day at a time.
gets another term.
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CongressCritter™: Never have so few felt like they were owed so much by so many for so little.