Jefferson’s indictment stands, judge rules

A judge ruled Wednesday that an indictment accusing Rep. William Jefferson (D-La.) of masterminding a wide-ranging bribery scheme involving business deals in Africa is valid.

{mosads}Jefferson’s attorneys argued that most of the charges should be thrown out because testimony his staffers gave to a grand jury violated the Constitution’s speech and debate clause that protects legislative activity from intervention by other branches of government. The clause specifically says a congressman “shall not be questioned in any other Place” about his legislative work.

U.S. District Judge T.S. Ellis III agreed with the government’s argument that Jefferson’s interpretation was overly broad and would prevent a member of Congress from ever being formally accused of a crime associated with their work in Congress.

”It’s not an expansive immunity. It’s a focused immunity,” Ellis said in his ruling, according to the Associated Press.

The ruling could delay Jefferson’s trial, which is scheduled to begin Feb. 25. Normally, such a decision could not prompt a defense appeal but this case could be different because it involves constitutional questions regarding the separation of powers.

Robert Trout, Jefferson’s lead defense attorney, said he would consult with his client before making a decision about an appeal.

Separately, Jefferson’s defense lawyers are arguing that the 2006 raid of Jefferson’s Congressional office also violated the speech and debate clause of the Constitution.

The defense is seeking to block prosecutors from using evidence seized in the raid. The issue is still unresolved but prosecutors are proceeding to trial without much of the evidence gathered in that raid.