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Judge refuses to toss bribery indictment against Congressman Jefferson

03:54 PM CDT on Tuesday, May 27, 2008

Mathew Barakat / Associated Press

ALEXANDRIA, Va. -- A federal judge has refused to toss out a bribery indictment against a Louisiana congressman who argued that his alleged misdeeds were technically more akin to influence peddling than bribery.

Associated Press

Congressman William Jefferson

In an order made public Tuesday, U.S. District Judge T.S. Ellis III denied a motion filed by U.S. Rep. William Jefferson, D-La., seeking dismissal of 15 of the 16 counts against him.

Prosecutors allege that Jefferson received hundreds of thousands of dollars in bribes in exchange for using his influence to broker business deals in Africa.

Jefferson's lawyers argued unsuccessfully that federal bribery laws apply to a congressman only if he takes a bribe in exchange for official action like taking votes or sponsoring legislation.

Ellis wrote in his ruling that prosecutors are within their rights to proceed under a broader interpretation of what constitutes an "official act" under the federal bribery statute. He said prosecutors will have to prove at trial that actions like using his influence to lobby federal agencies are part of a congressman's customary duties.

The trial against Jefferson is on hold while a federal appeals court considers a separate legal argument made by the congressman -- that prosecutors obtained the indictment by unconstitutionally infringing on his privileges as a congressman.

The indictment against Jefferson alleges he received more than $500,000 in bribes and demanded millions more between 2000 and 2005, including $90,000 he received from an FBI informant that was later found in the freezer of his Washington home.

Prosecutors allege he used his influence as chairman of the congressional Africa Investment and Trade Caucus to broker deals in Nigeria, Ghana, Cameroon and other African nations on behalf of those who paid bribes to him.

Jefferson's lawyer, Robert Trout, declined comment Tuesday. Jefferson has denied wrongdoing.

(Copyright 2008 by The Associated Press. All Rights Reserved.)