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To: Perdogg

Sorry. I even put “William Jefferson” in the search engine and your article did not come up. It is hard sometimes to know what to search for with the various different possibilities in article titles.


22 posted on 08/03/2007 3:59:08 PM PDT by Revel
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To: Revel

I didn’t mean to seem like I was saying that this was already posted, but it included some analysis of the misleading reporting.


23 posted on 08/03/2007 4:01:21 PM PDT by Perdogg (Cheney for President 2008)
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To: Revel

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0408_0501_ZS.html

Held:

1. This Court has jurisdiction under 18 U.S.C. § 3731 (1964 ed., Supp. V) to hear the appeal, since the District Court’s order was based upon its determination of the constitutional invalidity of 18 U.S.C. §§ 201(c)(1) and 201(g) on the facts as alleged in the indictment. Pp. 50507.

2. The prosecution of appellee is not prohibited by the Speech or Debate Clause. Although that provision protects Members of Congress from inquiry into legislative acts or the motivation for performance of such acts, United States v. Johnson, 383 U.S. 169, 185, it does not protect all conduct relating to the legislative process. Since, in this case, prosecution of the bribery charges does not necessitate inquiry into legislative acts or motivation, the District Court erred in holding that the Speech or Debate Clause required dismissal of the indictment. Pp. 507-529.

Reversed and remanded.

BURGER, C.J., delivered the opinion of the Court, in which STEWART, MARSHALL, BLACKMUN, POWELL, and REHNQUIST, JJ., joined. BRENNAN, J., filed a dissenting opinion in which DOUGLAS J., joined, post, p. 529. WHITE, J., filed a dissenting opinion, in which DOUGLAS and BRENNAN, JJ., joined, post, p. 551. [p502]


27 posted on 08/03/2007 4:06:07 PM PDT by Perdogg (Cheney for President 2008)
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