Thursday, February 07, 2008

La. congressman indictment still valid

The AP reports:
A judge refused Wednesday to toss out an indictment against a Louisiana congressman accused of taking bribes, rejecting the argument that the indictment unconstitutionally infringed on his privileges as a congressman.

Attorneys for Rep. William Jefferson, a Democrat, sought to have most of the indictment against their client thrown out, arguing that testimony given by his staffers to the grand jury that handed up the indictment violated the Constitution's speech or debate clause. It says that congressmen "shall not be questioned in any other Place" for speech or debate associated with their legislative work.

Prosecutors argued that if the defense theory were accepted, it would become virtually impossible to ever charge a congressman with a crime.

U.S. District Judge T.S. Ellis III ruled that Jefferson's lawyers were trying to apply the principle too broadly.

"It's not an expansive immunity. It's a focused immunity," Ellis said in making his ruling.

The ruling could delay Jefferson's trial. His attorneys have indicated they will likely file a pretrial appeal of Wednesday's ruling, which they are allowed to do because the ruling touches on key constitutional questions regarding the separation of powers.
William Jefferson has a sense of style.