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By Vladimir Posted in $90000 | Congress | IN HIS FREEZER!! | William Jefferson — Comments (2) / Email this page » / Leave a comment »

Appeal To Stall Jefferson Trial For Months

Well, this should make for an interesting election season. Let's just hope that the timing of Jefferson's trial, if it comes to that, doesn't interfere with his participation as a superdelegate at the Democratic convention. [Or, for that matter, the superdelegate status of Renee Gill-Pratt, part of the Jefferson coterie, and brother Mose Jefferson's main squeeze. Gill-Pratt is the ex-N.O. City Councilwoman who ended up driving a late-model SUV that FEMA thought it had donated to the city of New Orleans after Katrina, but that's a topic for a whole 'nother blog.]

Note that if Jefferson's contentions prevail (namely 1) that Congressmen can't be guilty of bribery unless they change their votes on the floor, and 2) that grand jury testimony of congressional staffers is a violation of the separation of powers), then our esteemed Congressional representatives will pretty much have a green light to participate in all kind of shenanigans without fear of prosecution.

...more...

Jury selection in Jefferson's bribery case was scheduled to begin Monday, but proceedings will be put on hold while the 4th U.S. Court of Appeals considers his constitutional challenge to 14 of the 16 charges against him.

Jefferson appealed a ruling by U.S. District Judge T.S. Ellis III, who rejected the congressman's claim that the grand jury heard tainted testimony from former Capitol Hill staffers. Jefferson said the aides improperly discussed his legislative activities in violation of the Constitution's speech or debate clause, which is meant to protect Congress from executive branch interference.

[snip]

The delay has political implications because Jefferson faces re-election in November. He beat back a robust election challenge in 2006 despite revelations that the FBI found $90,000 in alleged bribe money in his freezer. His subsequent indictment in June 2007 and impending trial casts an even darker cloud over his political future.

Jefferson has not said whether he is running for a 10th term. Spokeswoman Ashley Wilson said, "I have not heard anything to the contrary."

[snip]

The congressman faces 16 charges stemming from his involvement in a slew of business ventures in West Africa. The indictment alleges that Jefferson, through companies run by his family, received nearly $400,000 in bribes and millions of shares of corporate stock for using his influence to promote contracts for U.S. companies overseas.

Jefferson has pleaded innocent and in pretrial motions asked the court to dismiss charges of racketeering, money laundering, bribery, wire fraud and conspiracy because the Justice Department, he said, trampled on the constitutionally protected right of Congress to make laws freely.

In legal briefs and oral arguments, his attorneys pointed to statements by former Capitol Hill aides about his involvement in African trade legislation as a senior member of the House Ways and Means Committee. The Constitution's speech or debate clause gives congressmen immunity for their legislative activities.

But Ellis ruled Feb. 6 that the grand jury testimony didn't overstep the constitutional prohibition. In a follow-up written opinion, Ellis said, "Put simply, the Speech or Debate Clause is not a license to commit a crime."

[emphasis added]