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United States v. Fattah

Citations: 170 F. Supp. 3d 761; 2016 U.S. Dist. LEXIS 33655; 2016 WL 1043554Docket: CRIMINAL ACTION NO. 15-346-1

Court: District Court, E.D. Pennsylvania; March 16, 2016; Federal District Court

Narrative Opinion Summary

The case involves a U.S. Representative facing a 29-count indictment alongside four co-defendants, charged under the Racketeer Influenced and Corrupt Organizations Act. The representative sought dismissal of counts related to conspiracy and bribery, invoking the Speech or Debate Clause, which protects legislative acts. However, the Court clarified that this clause does not extend immunity for criminal acts like bribery, even if connected to legislative duties. The indictment alleges the representative engaged in a bribery scheme to secure federal appointments and misappropriated campaign finances. His attempts to secure federal appointments for a co-defendant through bribery, along with a scheme involving the exchange of campaign debt forgiveness for legislative promises, were key allegations. The court found such actions were outside the scope of protected legislative acts, as they involved influencing the Executive Branch and securing personal benefits, not legislative oversight. Consequently, the court denied the motion to dismiss the specific counts, allowing the prosecution to proceed on grounds that these acts do not threaten legislative independence and are not shielded by the Speech or Debate Clause.

Legal Issues Addressed

Criminal Liability for Promises Linked to Legislative Acts

Application: Promises made by Congress members in exchange for bribes are prosecutable and not shielded by the Speech or Debate Clause.

Reasoning: The Supreme Court has ruled that promises made by Congress members in exchange for bribes are not protected by the Speech or Debate Clause, even if related to legislation.

Definition of Legislative Acts

Application: Legislative acts are limited to actions taken in Congress related to official duties and motivations for those acts, excluding constituent services, appointments, and political speeches.

Reasoning: The Supreme Court has clarified that the Clause only protects members for legislative acts—actions taken in Congress related to official duties and motivations for those acts. However, activities like constituent services, appointments, and political speeches fall outside this protection and do not constitute legislative acts.

Influence on Executive Branch

Application: Attempts by Congress members to influence the Executive Branch do not fall under protected legislative activities unless tied to legislative oversight.

Reasoning: Attempts to influence the Executive Branch are distinct from legislative activities unless directly tied to legislative oversight.

Speech or Debate Clause Protections

Application: The Speech or Debate Clause does not protect a member of Congress from criminal charges such as bribery, even if the actions are related to legislative activities.

Reasoning: The Speech or Debate Clause does not grant Congress members immunity from criminal charges such as bribery, which can proceed regardless of the legislative context, as the crime involves accepting value for a promise related to an official act.