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Judge rejects Jefferson's plea |
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By Susan Crabtree
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Posted: 08/14/08 06:02 PM [ET] |
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A U.S. district judge has rejected Rep. William Jefferson’s (D-La.) attempt to get racketeering charges dismissed. Jefferson’s legal team argued that there were no connection between several of the alleged schemes prosecutors are accusing Jefferson of orchestrating so there is no grounds for the Racketeer Influenced and Corrupt Organizations (RICO) charge. They also maintained that congressional offices and staff members cannot be considered “a RICO enterprise” because to do so would threaten the independence of the legislative branch and violate separation of powers Constitutional protections. Judge T.S. Ellis III strongly disagreed. Ellis determined that the indictment alleges the necessary elements of two other charges, bribery and honest services wire fraud, which together could produce a RICO allegation. He also dismissed the separation of powers argument.“Defendant concedes, as he must, that this precise argument has been compellingly rejected by other courts,” Ellis wrote in his order filed Thursday. “Further, defendant offers no persuasive reason to reach a contrary result here, and accordingly his motion to dismiss Count 16 on this ground must fail, as well.” Jefferson is set to stand trial in Alexandria, Va. in early December on bribery and racketeering charges. He is accused of masterminding an elaborate scheme to help businesses win deals in Africa in exchange for payments to his family members. |
