Jefferson Appeal Heard This Week

23 Sep 2008 // Rep. William Jefferson's federal corruption trial, scheduled to begin Dec. 2, takes another step in the process Wednesday as the 4th U.S. Circuit Court of Appeals hears oral arguments on an appeal filed the congressman's attorneys. A three-judge panel will decide whether trial Judge T.S. Ellis III erred when he rejected a defense motion to throw out most of the charges against the congressman on grounds that the grand jury that indicted him heard discussions about his congressional duties in violation of the speech or debate clause of the Constitution. That clause is supposed to ensure separation of powers between the executive and legislative branches of government. The court usually takes two to three months in a case that "isn't too complicated," said University of Richmond constitutional law expert Carl Tobias. Of course, there's no guarantee that appellate judges will give any signals, but they might, especially if asked to speed things along by federal prosecutors. The 4th Circuit does not announce in advance which judges will hear a particular case.