TRAFICANT CASE Federal view: No new issues

Federal prosecutors say the congressman completely misinterpreted the law in one argument.
By DAVID SKOLNICK
VINDICATOR POLITICS WRITER
CLEVELAND -- Federal prosecutors put it simply: U.S. Rep. James A. Traficant Jr. is wrong.
Traficant of Poland, D-17th, asked the judge overseeing his case to throw it out of court and also not to permit witnesses who entered plea agreements in exchange for testimony against him to be heard in court.
In response Thursday, federal prosecutors said Traficant's motions have no legal merit and should not be considered. Prosecutors also say Traficant, a nonlawyer who is defending himself, completely misinterpreted the law in one instance.
His arguments: Traficant had argued his case should be dismissed because the indictment did not list any specific offenses regarding the racketeering allegation against him, which violates the law; the grand jury was never told about his potential prison sentence; and the indictment failed to contain important elements of the offense including providing him with notice and protection from double jeopardy.
Traficant is not reading the law correctly on the potential prison sentence issue, prosecutors said. They wrote that not only has the 6th U.S. Circuit Court of Appeals rejected Traficant's position, so has every other appellate court.
"Traficant's motion has no legal merit and should be dismissed," they wrote.
Prosecutors also say Traficant's motions do not raise any new legal issues and U.S. Judge Lesley Brooks Wells, who is overseeing the congressman's case, already has rejected his requests to suppress testimony.
Judge's warning: Judge Wells has warned Traficant that if he continues to have problems filing motions, she would give serious consideration to forcing him to accept the assistance of an attorney. Traficant insists he wants to defend himself despite numerous errors in his legal filings.
Traficant faces a 10-count indictment on charges including bribery, racketeering and tax evasion. His trial is set to begin Feb. 4.
Federal prosecutors contend he accepted money, gifts and free labor from businessman in exchange for helping them in his official capacity as a congressman. Prosecutors also say Traficant required money and free labor from some of his staff.
skolnick@vindy.com