Rep. Jefferson accuses Justice Dept. of threatening witnesses
/From the Times-Picayune Publishing Company
By Bruce Alpert
WASHINGTON -- Rep. William Jefferson's attorneys are accusing the Justice Department of threatening potential witnesses in his corruption case with prosecution "should they testify in a way that does not match the government's story." At issue is whether the U.S. District Court should compel the Justice Department to use international legal treaties to secure pre-trial depositions from former Nigerian Vice President Atiku Abubakar and Nigerian businessman Suleiman Yahyah, both who deny engaging in a bribery scheme with Jefferson. Jefferson, D-New Orleans, also wants permission to question Abubakar's wife, Jennifer, a U.S. citizen, who, according to the congressman's legal team, has also denied discussing bribe schemes with him and is willing to answer questions in Europe. Justice Department lawyers objected to questioning the three proposed witnesses outside the United States, saying it believes the three weren't telling the truth in statements denying knowledge of, participation in, or discussion of bribery schemes with Jefferson. Testimony in a foreign country would not be subject to U.S. perjury laws, they said.
But in a brief filed Friday with U.S. District Court Judge T.S. Ellis III, Jefferson's lawyers said it should be up to a jury to determine whether a witness is being truthful and that the Justice Department is "obviously concerned" its case will be undermined by testimony from the three proposed witnesses.
There is already a serious problem with the government's case, according to the new Jefferson brief.
The 16-count indictment returned one year ago by a Virginia grand jury, makes mention of a secretly recorded conversation between Jefferson and cooperating government witness Lori Mody. According to the FBI transcript, Mody asked the congressman if he delivered the $100,000 in cash she had provided him to the Nigerian vice president. Jefferson, according to the transcript, said the "African art" -- which prosecutors say was code for cash -- had been delivered to the vice president.
At the time, Jefferson was promoting a Nigerian telecommunications project Mody had invested in.
"As the government is well aware, however, no cash was ever passed to the vice president," the Jefferson brief said. "Instead, Mr. Jefferson took it home and secured it in his freezer."
The testimony of the Abubakars and Yahyah would further undermine the government's case, Jefferson's attorneys said.
In a separate brief to the 4th U.S. Circuit Court of Appeals in Virginia, the Justice Department Friday argued that Ellis, the trial judge, got it right when he refused a Jefferson motion to throw out 14 of the 16 counts against the congressman on grounds the grand jury heard testimony of his legislative activities in violation of the Constitution's Speech or Debate Clause, which protects the legislative branch from executive-branch interference.
"In leveling this charge, defendant ignores, among other things, the Supreme Court's admonishment that the Speech or Debate Clause does not prohibit inquiry into illegal conduct simply because it has some nexus to legislative functions," the Justice Department said.
Jefferson's trial, originally slated to begin in January, is on hold pending the 4th Circuit's ruling.
By Bruce Alpert
WASHINGTON -- Rep. William Jefferson's attorneys are accusing the Justice Department of threatening potential witnesses in his corruption case with prosecution "should they testify in a way that does not match the government's story." At issue is whether the U.S. District Court should compel the Justice Department to use international legal treaties to secure pre-trial depositions from former Nigerian Vice President Atiku Abubakar and Nigerian businessman Suleiman Yahyah, both who deny engaging in a bribery scheme with Jefferson. Jefferson, D-New Orleans, also wants permission to question Abubakar's wife, Jennifer, a U.S. citizen, who, according to the congressman's legal team, has also denied discussing bribe schemes with him and is willing to answer questions in Europe. Justice Department lawyers objected to questioning the three proposed witnesses outside the United States, saying it believes the three weren't telling the truth in statements denying knowledge of, participation in, or discussion of bribery schemes with Jefferson. Testimony in a foreign country would not be subject to U.S. perjury laws, they said.
But in a brief filed Friday with U.S. District Court Judge T.S. Ellis III, Jefferson's lawyers said it should be up to a jury to determine whether a witness is being truthful and that the Justice Department is "obviously concerned" its case will be undermined by testimony from the three proposed witnesses.
There is already a serious problem with the government's case, according to the new Jefferson brief.
The 16-count indictment returned one year ago by a Virginia grand jury, makes mention of a secretly recorded conversation between Jefferson and cooperating government witness Lori Mody. According to the FBI transcript, Mody asked the congressman if he delivered the $100,000 in cash she had provided him to the Nigerian vice president. Jefferson, according to the transcript, said the "African art" -- which prosecutors say was code for cash -- had been delivered to the vice president.
At the time, Jefferson was promoting a Nigerian telecommunications project Mody had invested in.
"As the government is well aware, however, no cash was ever passed to the vice president," the Jefferson brief said. "Instead, Mr. Jefferson took it home and secured it in his freezer."
The testimony of the Abubakars and Yahyah would further undermine the government's case, Jefferson's attorneys said.
In a separate brief to the 4th U.S. Circuit Court of Appeals in Virginia, the Justice Department Friday argued that Ellis, the trial judge, got it right when he refused a Jefferson motion to throw out 14 of the 16 counts against the congressman on grounds the grand jury heard testimony of his legislative activities in violation of the Constitution's Speech or Debate Clause, which protects the legislative branch from executive-branch interference.
"In leveling this charge, defendant ignores, among other things, the Supreme Court's admonishment that the Speech or Debate Clause does not prohibit inquiry into illegal conduct simply because it has some nexus to legislative functions," the Justice Department said.
Jefferson's trial, originally slated to begin in January, is on hold pending the 4th Circuit's ruling.
