Prosecutors mull pre-election indictments in Congress

RAW STORY
Published: Friday August 4, 2006

Federal prosecutors are unsure whether they should issue indictments for members of Congress prior to the November elections, as the decision might “throw their congressional races into disarray,” The WALL STREET JOURNAL is reporting today.

Two Congressmen, Bob Ney (R-OH) and William Jefferson (D-LA) are both under investigation currently, in separate cases. GOP leaders are concerned that the investigations may harm their effort to retain control of the House of Representatives, the Journal reports.

While some members of the party are worried about the possibility of indictments, others remain hopeful that prosecutors will wait until after the election. Some have said that the issuing of indictments prior to the November elections would be seen as partisan, the report adds.

The Justice department maintains that politics and the date of the election will not affect their decisions to indict and prosecute the cases. "There is no deadline on indicting incumbents or anyone else in an election year. Our view is, we can ask a grand jury to indict whenever the evidence allows, a Justice Department spokesperson told the Journal."

Excerpts form the article follow…

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With election season kicking into high gear, federal prosecutors investigating a handful of lawmakers may face a tough call on whether to secure indictments that could throw their congressional races into disarray.

While several lawmakers face continued scrutiny, two have publicly confirmed they are targets of criminal investigations: Ohio Republican Rep. Bob Ney, who has been mentioned in guilty pleas by former lobbyist Jack Abramoff and his associates; and Louisiana Democratic Rep. William Jefferson, who is being investigated for taking bribes.

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"This is a really difficult issue for prosecutors," says Randall Eliason, who oversaw public-corruption cases in the U.S. attorney's office here during the Clinton administration. "You are damned if you do and damned if you don't, and either course is going to potentially affect the election."