June 6, 2008
Contact: Naomi Seligman Steiner 202.408.5565 nseligman@citizensforethics.org
6 Jun 2008 // Today, Citizens for Responsibility and Ethics in Washington (CREW) filed an amicus or friend-of-the court brief before the U.S. Court of Appeals for the Fourth Circuit in United States v. Jefferson in support of the United States.
Rep. William Jefferson (D-LA) is appealing the district court's refusal to dismiss the indictment against him, relying in part on the Speech or Debate Clause.
According to Rep. Jefferson, the indictment must be dismissed because the grand jury heard limited testimony referring to Rep. Jefferson's participation in congressional caucuses.
CREW explained in its brief, however, that the Speech or Debate Clause does not provide Rep. Jefferson with immunity for prosecution because the conduct at issue does not relate directly to his legislative functions.
Expanding the reach of the Clause in the manner advocated for by Rep. Jefferson would set a very dangerous precedent that would threaten to cripple any prosecution of members of Congress if there was even a mere mention of their status as a member.