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Jury selection begins
in Ohio lawmaker's corruption trial
CLEVELAND, Ohio (AP) With jury
selection beginning Tuesday in his federal corruption trial, U.S.
Rep. James A. Traficant Jr. vows "there's going to be a donnybrook"
as he faces charges that he describes as a prosecutorial vendetta
against him.
Traficant, 60, a colorful maverick serving his ninth term in Congress,
stands accused of misusing his congressional staff and accepting
illegal gifts and services in return for performing political favors.
Even though he is not a lawyer, he is representing himself in his
trial in U.S. District Court in Cleveland.
He faces 10 counts, including bribery, tax evasion, obstruction
of justice, conspiracy to defraud the government and racketeering.
On Monday, the 6th U.S. Circuit Court of Appeals in Cincinnati denied
Traficant's request to postpone the trial until it considers his
appeal of the trial judge's ruling that allowed documents from his
congressional office to be admitted as evidence.
Traficant maintains that the documents should be excluded from the
trial because of the "speech and debate" clause of the
Constitution, which says that "for any speech or debate in
either house, [senators and representatives] shall not be questioned
in any other place."
But U.S. District Judge Lesley Wells ruled that the constitutional
privilege doesn't apply to the documents because they are not records
involving speeches, debates or legislative business protected by
the Constitution.
Traficant, a former county sheriff, represents the 17th Congressional
District, which includes his hometown of Youngstown and parts of
three counties in northeast Ohio's Mahoning Valley.
Even without the federal charges, Traficant's political future remains
cloudy. During reapportionment, the Ohio Legislature made major
changes to the boundaries of the 17th District or, as Traficant
put it, "They tore the district apart."
In 1983, while a county sheriff, he was brought up on federal bribery
charges. During that trial, he also represented himself and was
acquitted. Traficant said federal prosecutors are targeting him
because he defeated them in court then.
"They got beat. They got their ass kicked. They're very upset
about it. They have a score to settle," he said.
Accusing prosecutors of "reams and reams" of misconduct,
Traficant said they had frightened some witnesses to the point that
they were suicidal. However, a federal judge Friday dismissed a
lawsuit he brought against prosecutors, which alleged that he had
been unfairly targeted.
A political moderate, Traficant angered members of his own party
this year when he crossed over to vote for Republican Dennis Hastert
as House speaker. He was forced out of the Democratic Caucus and
lost his committee assignments.
He is known for making colorful speeches on the House floor, many
of which he end with the tag line, "Beam me up." His Web
site features Traficant swinging a two-by-four emblazoned with the
phrase, "Bangin' away in D.C."
Traficant's May 2001 indictment accuses him of accepting gifts and
favors from several businessmen in his district, including a convicted
felon, in return for interceding on their behalf with federal and
state agencies. He also is accused of using employees from his office
to perform work on his farm and boat as well as requiring them to
return a portion of their salaries to him each month.
The indictment alleges that staffers baled hay, maintained horse
stalls and performed other chores at Traficant's farm. In addition,
he is accused of underreporting income on his tax returns and asking
employees to destroy evidence and provide false testimony after
he became aware he was being investigated.
The charges against him result from a lengthy federal investigation
into public corruption and organized crime that also has ensnared
the former director of his district office and one of his former
advisers.
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