Jefferson Appeals Ruling On Speech Or Debate Grounds, Could Delay Trial For Months

As expected, attorneys for Rep. William Jefferson (D-La.) filed an appeal of a key court ruling on the grounds that it violated the Speech or Debate Clause, a move that could lead to a lengthy delay in Jefferson's upcoming bribery and corruption trial.

Jefferson's lawyers argue that information protected under the Speech or Debate Clause, which prevents lamakers and their aides from legal action related to official duties, was provided to the grand jury that indicted him back in June on three different occassions when prosecutors questioned Jefferson's former aides over his involvement in African trade legislation. Jefferson's defense team sought to have most of the government's corruption case against their client thrown out for this alleged violation of the congressional privilege.

U.S. District Judge T.S. Ellis III, however, ruled earlier this month that these instances did not violate the Speech or Debate Clause, instead constituting harmless references to Jefferson's status as a member of Congress. Ellis said "mere reference in the indictment to defendant’s status as a Member of Congress does not offend the Speech or  Debate Clause provided, of course, that neither the indictment nor the prosecution entails inquiry into defendant’s participation in the consideration and passage of legislation."

But in a motion filed with the U.S. District Court of the Eastern District of Virginia in Alexandria on Wednesday, Robert Trout, Jefferson's lawyer, indicated that Jefferson would appeal that ruling to the U.S. Court of Appeals for the Fourth Circuit. This appeal could throw off the start of Jefferson's trial, which was scheduled for Monday morning.

The New Orleans Times-Picuyane, which has followed this case very closely, is suggestibfg the appeal could delay the Jefferson trial "for months," although the 4th Circuit may take it up on expedited basis because of the high-profile nature of the case.