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Rep. Jefferson: Feds Trying To Skew Jury

Rep. William Jefferson accused the Justice Department of bringing corruption charges against him in Virginia to reduce the chance of drawing black jurors.

Jefferson, a Louisiana Democrat who has been charged in an international bribery case, made the argument Friday in federal court documents seeking to move the case to Washington.

"The court has an obligation to ensure that the forum selection in this case was not tainted by racially discriminatory motive," Jefferson's attorney, Robert P. Trout wrote.

Jefferson, who is black, argued that the government's case focuses on his Washington office, not Virginia. He accused the FBI of using a cooperating witness to steer the case to Virginia.

The federal court in Alexandria, Va., where Jefferson is charged, draws jurors from about 2 million people in surrounding counties. Blacks represent about 11 percent of that population, according to the U.S. Census.

In Washington, blacks make up about 57 percent of the city's 515,000 residents.

"There is a convincing showing that the prosecution used forum selection to affect the racial makeup of the jury in this case," Trout wrote in documents filed in Alexandria.

Friday's court filing was just the latest example of the case's racial undertones. After Jefferson's indictment, supporters accused the Bush administration of targeting black Democrats to shift attention from the legal woes of Republicans.

Justice Department spokesman Dean Boyd said Jefferson's indictment had sufficient ties to Virginia to warrant prosecution there. He said government attorneys would respond in writing and noted that others in the case have pleaded guilty in Virginia.

In court documents, Trout argued that he should be able to see internal government documents discussing the venue.

"If the government claims that its venue selection was made without racial considerations in mind, it is appropriate to test that claim against the paper trail, including e-mails, that surely exists relating to the decision to bring this case in Virginia," Trout wrote.

Jefferson pleaded not guilty in June to charges of soliciting more than $500,000 in bribes while using his office to broker business deals in Africa. Authorities found about $90,000 in a freezer in the congressman's Washington home.

Jefferson's lawyers said it makes no sense for the trial to be held in Virginia. The entire scheme is alleged to have centered around Jefferson's congressional office, and most of the Virginia connections (such as using Dulles International Airport) are tenuous, attorneys said.

One of the key Virginia moments in the case - a payoff from a Virginia businesswoman, allegedly meant to be passed on to a foreign official - was orchestrated by the FBI, attorneys said.

The businesswoman, who was cooperating with the FBI, insisted that her meeting with Jefferson be changed from Washington to a Virginia hotel, according to Jefferson's court documents.

In other arguments made in court documents, Jefferson said:

  • The FBI violated the law when it searched Jefferson's home in New Orleans in 2005. While seizing records authorized under a court order, attorneys said, the FBI came across other documents it was not authorized to take. To get around that, Jefferson argues, the FBI simply photographed the documents.
  • The FBI illegally questioned Jefferson during that 2005 search without reading him his rights.
  • Bribery charges against him should be dismissed because he never performed an "official act" in exchange for something of value.

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