To: JakeStraw who wrote (25894 ) 4/17/2008 2:53:44 PM From: TideGlider Respond to of 224729 Court expedites Jefferson appeal Congressman wants 14 charges dropped Thursday, April 17, 2008By Bruce Alpert WASHINGTON -- A Virginia appeals court has agreed to expedite its consideration of Rep. William Jefferson's appeal to dismiss 14 of the 16 criminal charges now pending against the New Orleans Democrat. But how quickly the 4th U.S. Circuit Court of Appeals takes the case may be determined by whether it agrees to hold oral arguments this summer -- a time when the court usually isn't in session -- or when it reconvenes in September. Until the appeals court acts, the criminal trial for the congressman, originally scheduled to begin in January, remains on hold. In an unrelated court filing Wednesday, the Justice Department revealed that prosecutors and Jefferson's attorneys have agreed on deadlines for submitting briefs for the appeal, with the last filing due June 9. That would free the court to hold oral arguments sometime after that date. At issue before the appeals court is Jefferson's contention that U.S. District Judge T.S. Ellis III, who is presiding over the stalled criminal trial, erred when he rejected the congressman's plea to dismiss 14 charges of racketeering, money laundering, bribery, wire fraud and conspiracy. Jefferson's attorneys argued that the grand jury that indicted him heard testimony about his legislative activities in violation of the Constitution's speech or debate clause, intended to protect Congress from executive branch interference. The appeal will be heard by a three-judge panel at the 4th Circuit that has not yet been named. On average, the 4th Circuit takes nine months to consider an appeal on an un-expedited basis. Jefferson's lawyers filed the appeal Feb. 20. Prosecutors also asked Ellis on Wednesday to expedite consideration of another Jefferson motion, this one seeking dismissal of wire fraud counts related to what the government says was a failure to provide honest services. Jefferson's attorneys argued that the charge involves issues covered by separation of powers and are based on House rules that are "so general and standardless" that they cannot be used as the basis for criminal prosecution. The Justice Department's attorneys told Ellis that should his ruling on the matter be appealed, it would allow the 4th Circuit to consolidate that legal matter with the original February appeal, saving time. Jefferson's attorneys told Ellis that they oppose the government's motion because it "would be impracticable" to combine two appeals given that a briefing schedule has already been agreed to. . . . . . . . Bruce Alpert can be reached at bruce.alpert@newhouse.com or