A federal judge has rejected Rep. William Jefferson’s latest effort to have the case against him dismissed:
But U.S. District Court Judge T.S. Ellis III said that the U.S. Supreme Court has ruled that bribery charges can be brought even if the acts don’t fit into the “responsibilities explicitly assigned by law.”
He said it will be up to a jury to determine whether the actions alleged by the government relate to the performance of official duties or “settled customary duty or practice” and relates to a government decision or action.”
“Whether or not the government is able to prove each of these elements … is a question properly addressed at trial, not on a motion to dismiss an indictment,” Judge Ellis wrote.
Jefferson’s trial has been delayed indefinitely while the Louisiana Democrat appeals other pre-trial motions.