Judge Rules Against Stevens Motion; Denies His Charges Violate the ConstitutionIndicted Sen. Ted Steven’s (R-AK) most recent attempt to have his case thrown out, on the grounds that it violated the constitutional separations that prohibit members of Congress from being prosecuted for legislative actions, has been rejected by a U.S. District Judge.
From McClatchy:
[U.S. District Judge Emmett Sullivan] turned down Stevens’ lawyers’ request to throw out the seven-count indictment against the senator and said Tuesday in a hearing that if evidence arises at trial that looks as though it violates what’s known as the speech-or-debate clause of the Constitution, he will consider barring it.… Sullivan reviewed grand jury transcripts to determine whether witnesses were asked questions that would’ve violated the speech-or-debate clause, which limits what sort of evidence executive branch investigators can use when they probe acts by members of Congress. He said he saw a handful but that they were “in no way pervasive.”
Stevens, in the midst of a re-election bid, didn’t attend the court hearing Tuesday. However, he was in Washington at the Capitol.