Folks may be a bit confused about Jefferson's case...
The Supreme Court refused to re-examine a D.C. Circuit court opinion regarding an issue that arose following a search of Louisiana Representative William Jefferson's office. The D.C. Circuit had ruled that the search was improper as it violated the U.S. Constitution's Speech or Debate Clause. The Court of Appeals held that "[t]he search of Congressman Jefferson’s office must have resulted in the disclosure of legislative materials to agents of the Executive. Indeed, the application accompanying the warrant contemplated it." (see decision) In letting stand the D.C. Circuit Court opinion, despite a government appeal (see here and here), the Supreme Court was not willing to wrestle with the contours of what is included within the Constitution's Speech and Debate Clause.
The DOJ is not pleased with this decision. But in many ways this is an important decision. Although the government may feel it will make their investigations/prosecutions more difficult, it is a crucial position in light of the political happenings seen not too long ago in DOJ hiring and firing. In order for there to be a proper balancing of power, it is critical that the executive branch cannot be invading the turf of the legislature. The Supreme Court's decision not to re-examine the lower court ruling does not open the door as a license to do criminal business in legislative offices. Rather it lifts the possibility of political retaliation in our government.
http://lawprofessors.typepad.com/whitecollarcrime_blog/
"Speech & Debate Clause:"
"...shall in all Cases, except Treason, Felony, and Breach of the Peace, be privileged from Arrest during their attendance at the Session of their Respective Houses, and in going to and from the same, and for any Speech or Debate in either House, they shall not be questioned in any other Place."
Its intended purpose is to prevent a President or other officials of the Executive branch from having members arrested on a pretext to prevent them from voting a certain way or otherwise taking actions with which he or she might disagree.
The Supreme Court refused to re-examine a D.C. Circuit court opinion regarding an issue that arose following a search of Louisiana Representative William Jefferson's office. The D.C. Circuit had ruled that the search was improper as it violated the U.S. Constitution's Speech or Debate Clause. The Court of Appeals held that "[t]he search of Congressman Jefferson’s office must have resulted in the disclosure of legislative materials to agents of the Executive. Indeed, the application accompanying the warrant contemplated it." (see decision) In letting stand the D.C. Circuit Court opinion, despite a government appeal (see here and here), the Supreme Court was not willing to wrestle with the contours of what is included within the Constitution's Speech and Debate Clause.
The DOJ is not pleased with this decision. But in many ways this is an important decision. Although the government may feel it will make their investigations/prosecutions more difficult, it is a crucial position in light of the political happenings seen not too long ago in DOJ hiring and firing. In order for there to be a proper balancing of power, it is critical that the executive branch cannot be invading the turf of the legislature. The Supreme Court's decision not to re-examine the lower court ruling does not open the door as a license to do criminal business in legislative offices. Rather it lifts the possibility of political retaliation in our government.
http://lawprofessors.typepad.com/whitecollarcrime_blog/
"Speech & Debate Clause:"
"...shall in all Cases, except Treason, Felony, and Breach of the Peace, be privileged from Arrest during their attendance at the Session of their Respective Houses, and in going to and from the same, and for any Speech or Debate in either House, they shall not be questioned in any other Place."
Its intended purpose is to prevent a President or other officials of the Executive branch from having members arrested on a pretext to prevent them from voting a certain way or otherwise taking actions with which he or she might disagree.
Overview of Jefferson's case:
The investigation began in mid-2005, after an investor alleged $400,000 in bribes were paid through a company maintained in the name of his spouse and children. The money came from a tech company named iGate, Inc. of Louisville, Kentucky, and in return, it is alleged, Jefferson would help iGate's business. Jefferson was to persuade the U.S. Army to test iGate's broadband two-way technology and other iGate products; use his efforts to influence high-ranking officials in Nigeria, Ghana, and Cameroon; and meet with personnel of the Export-Import Bank of the United States, in order to facilitate potential financing for iGate business deals in those countries.
On 30 July 2005, Jefferson was videotaped by the FBI receiving $100,000 worth of $100 bills in a leather briefcase at the Ritz-Carlton hotel in Arlington, Virginia.[7] Jefferson told an investor, Lori Mody, who was wearing a wire, that he would need to give Nigerian Vice President Atiku Abubakar $500,000 "as a motivating factor" to make sure they obtained contracts for iGate and Mody's company in Nigeria.
A few days later, on 3 August 2005, FBI agents raided Jefferson's home in Northeast Washington and, as noted in an 83-page affidavit filed to support a subsequent raid on his Congressional office, "found $90,000 of the cash in the freezer, in $10,000 increments wrapped in aluminum foil and stuffed inside frozen-food containers." Serial numbers found on the currency in the freezer matched serial numbers of funds given by the FBI to their informant.
On June 8, 2007, Jefferson pled not guilty to the indictment. After the hearing, Jefferson said, "I am absolutely innocent of the charges that have been leveled against me. I'm going to fight my heart out to clear my name." He further explained, "The $90,000 was the FBI's money. The FBI gave it to me as part of its plan — part of their plan — that I would give it to the Nigerian vice president, but I did not do that. When all the facts are understood, I trust that I will be vindicated.
No comments:
Post a Comment