NCJ Number
110014
Date Published
1988
Length
9 pages
Annotation
When the target of a corruption investigation is a member of Congress, the prosecutor is faced with a variety of constitutional, substantive, and procedural hurdles.
Abstract
Constitutional protections afforded members of Congress by the speech or debate clause, the publication clause, and the immunity from arrest clause exclude the use of certain types of evidence, particularly those related to legislative acts. In litigation surrounding these clauses, however, the courts have made it clear that the definition of 'legislative acts' does not include improper attempts to influence the U.S. Department of Justice or bribe-taking by legislators. The bribery statute of the U.S. Criminal Code is most frequently used in connection with congressional cases. This statute prohibits Federal officials (including legislators) from receiving anything of value for themselves or others in return for being influenced in the performance of any official act. While successful prosecution of such cases may involve a number of problems, the successful prosecution of congressmen in ABSCAM shows that these can be overcome in the right cases.