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9/17/2008 23:17

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Federal Judge Rejects Challenge to Sen.


Stevens Indictment
Mike Scarcella
09-18-2008

The criminal charges against Sen. Ted Stevens, R-Alaska, accused of filing false financial reports to obscure
hundreds of thousands of dollars in gifts and home renovations, do not violate constitutionally protected legislative
activity, a federal judge ruled Tuesday in dismissing an attack on the indictment.

Williams & Connolly lawyers, representing Stevens, argued in briefs and in court this month to Judge Emmet
Sullivan of the U.S. District Court for the District of Columbia that government prosecutors improperly pitched
protected legislative activity to grand jurors. Stevens, indicted on seven felony counts in July, has requested a
speedy trial in the hope to clear his name before the November general election.

The Constitution's speech or debate clause protects lawmakers from prosecution rooted in legislative activity. The
scope of that protection, attorneys in the white-collar criminal defense bar say, is narrow and centered largely in
drafting, debating and voting on legislation. Run-of-the-mill constituent services -- for instance, the steps leading
up to a vote -- are not protected, government lawyers say.

Government prosecutors say Stevens, the longest-serving Republican in the Senate, wrote letters and made calls
on behalf of employees of VECO, the former Alaska-based oil services company. Stevens reportedly vowed to take
steps to expedite the review and permitting process for a gas pipeline in Alaska. Former VECO employees are
expected to testify against Stevens at trial.

Justice Department prosecutors, led by Brenda Morris, the principal deputy chief in the Public Integrity Section,
say the government made an effort not to cross the line and introduce protected legislative activity. Prosecutors
argue the evidence is central to the case and goes to motive and intent in showing that Stevens had reason to
hide or otherwise fail to report the receipt of gifts and other items from VECO.

Williams & Connolly lawyers, including Brendan Sullivan Jr., argue the information is unrelated to the
government's case and will be prejudicial. The defense lawyers say the government wants to infer a this-for-that
exchange when such an arrangement was never in place.

The defense team has a chance to appeal Judge Sullivan's order. Brendan Sullivan, lead counsel, could not be
reached for comment. A status conference is set for Thursday morning. The trial is scheduled to begin Sept. 22
with jury selection.

First reported in The BLT: The Blog of Legal Times

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