The House Bipartisan Legal Advisory Group has filed an amicus brief in support of a third hearing on former Rep. Rick Renzi’s (R-Ariz.) corruption case.
The group, which directs the House Office of Legal Counsel, submitted the amicus brief this week to the U.S. Court of Appeals for the Ninth Circuit.
{mosads}Renzi was found guilty last year on 17 of 32 counts for conspiracy, fraud and money-laundering in connection with a federal land-swap deal. He allegedly pledged to a business partner that he’d support legislation in exchange for a real estate deal from which Renzi profited.
The Arizona Republican was sentenced to three years in prison, but he remains out of jail while the case is still under appeal.
Last month, the Ninth Circuit affirmed Renzi’s conviction and found that Renzi waived the protections of of a constitution provision, known as the Speech or Debate Clause, that protects members of Congress from arrest while they are attending legislative session.
The Bipartisan Legal Advisory group argued in its brief that Renzi’s case merited further review because the Ninth Circuit ruling “directly conflicts with decisions of the United States Supreme Court and other courts of appeal, and because it involves a question of exceptional constitutional importance.”
In the brief, the group says the standing could set what it see as a dangerous precedent.
“If permitted to stand, the ruling that legislative activities that concern drafted-but-not-introduced bills are constitutionally unprotected, in particular, creates a significant risk of chilling Congress’ oversight and investigative functions, and altering the balance of constitutional power between the legislative and executive branches,” the amicus brief states.
Renzi served in the House from 2003 to 2009.