Jefferson called House counsel’s office during raid

Rep. William Jefferson (D-La.) talked to the House general counsel’s office for at least seven minutes and 51 seconds in the middle of an interview with FBI agents on the August morning in 2005 when his New Orleans home was raided, an FBI agent testified Wednesday.

{mosads}Agent Tim Thibault described the call as “outgoing,” apparently a call Jefferson made on his cell phone during the middle of the FBI interview that began at 7 a.m. on Aug. 3, 2005.

The agent also described several other calls Jefferson received on his cell phone, including one from James Creaghan, who is referred to as “lobbyist A” in Jefferson’s indictment. He is a central figure in the government’s wide-ranging corruption case against the Louisiana Democrat.

Thibault’s testimony was part of an argument that Department of Justice (DoJ) attorneys are making to persuade U.S. District Court Judge T.S. Ellis III that Jefferson was treated fairly during the interview and the subsequent raid. His movement, they have argued, was not restricted and he was allowed to make and receive several phone calls.

Jefferson’s attorneys, however, are trying to convince the judge that his comments were coerced and should not be admissible during the upcoming corruption trial against him, which is set to begin Feb. 25. A cross-examination by Jefferson’s lawyers in a previous pre-trial hearing indicated that he plans to argue that agents followed him to the bathroom and used other intimidating tactics.

Jefferson will testify Thursday afternoon, and he told reporters after Wednesday’s hearing that his testimony will be “much different” than what prosecutors presented thus far about what occurred on the day of the search.

The Justice Department has accused Jefferson of conducting a massive international bribery, money laundering and racketeering operation. The lawmaker maintains his innocence, arguing that it was all private business and did not involve official congressional acts on his part.

Creaghan is cooperating with the DoJ investigation and wore a wire to secretly record conversations. Jefferson also received calls from his office at the House of Representatives. Thibault said these calls might have occurred because the FBI had plans to search his Washington, D.C. home and serve subpoenas on House staffers and others they suspected were involved in Jefferson’s alleged criminal activity the same day. The interview with Jefferson that preceded the raid that day was taking longer than expected so DoJ went ahead and served some of the subpoenas, Thibault said.

The FBI found $90,000 in the freezer of Jefferson’s D.C. home that day.

The FBI had a trace on the congressman’s phones on the day, which allowed investigators to figure out who was calling him and who he was calling.

Agents first entered Jefferson’s home at 7 a.m. that morning. The interview with the lawmaker lasted roughly two and a half hours during which he made and received several phone calls. The search of his New Orleans home lasted until 5:30 p.m.

Lawyers for Jefferson and the U.S. government also plan to address speech and debate clause issues in Thursday’s hearing. The judge on Wednesday agreed to allow a status report on these matters. DoJ has asked the Supreme Court to overturn an appeals court decision limiting law enforcement searches of congressional offices, arguing that the ruling undermines ongoing public corruption cases against federal lawmakers.

Government prosecutors maintain that the appeals court interpretation of the speech and debate clause of the Constitution, which protects members’ legislative activity, goes too far in insulating members of Congress from legal action. 

The decision by the U.S. Court of Appeals for the District of Columbia Circuit was handed down in August and related to the search of Jefferson’s congressional office by FBI agents in 2006.