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ABSCAM — Part 8
Page 54
54 / 57
TS meee
“
Oe
ex-congress
By ROBERT COHEN .
WASHINGTON — A federal judge, >
call ks FBI's Abscam political cor- Se" ghat. took
Tuption investigation “repugnant” and ~ corrupt overture
“outrageous,” yesterday threw out the
mer Rep. Richard Kelly of Florida.
_edersey, Sen, Harrison. A. Williams Jr.and.__ the
the FBI operatives violated Kelly's
rights by repeatedly trying to corrup
him after he initially turned down a bri
offer. - .
“Te after an illegal offer is made, the
subject rejects it in any fashion, the g0V- man claimed he
stuffing $25,000
ernment cannot press on,” Said U.S. Dis- investigation when he accepted the
trict Court Judge William Bryant.
Bryant, in his 25-page opinion, said . (Please turn to Page 4) °
(Continued from Page One)” . . : we
bribe. Bryant acknowledged this defense
was “bizarre” and “nearly farcical,” but -
he said the conviction cannot stand and -
the indictment must be dismissed be- -
cause of the “offensive” actions by the’
undercover agents. ‘
The judge, in addition, ordered a new
trial for Kelly's co-defendants, Eugene“ 49g9, but ‘the entire US. Third Circuit
- Robert Ciuzio and Stanley Weisz.
__,. Defense attorne sin the Abscam
cases yesterday hai ed the ruling,-and
suggested it will assist them in convinc-
ing other judges that the FBI violated the.
rights of the defendants.
George Koelzer, the attorney for
Williams, said the decision “reinforces
_Abscam guilt of”
Star-Ledger Washington Bureau = «© = CaSe WaS “constitutionally impermiss!-
. ble” and was “nothing short of outra-
: ° tae e judge said he found the entire
bribery and conspiracy conviction of for- Abscam technique of testing the virtue of
Te decision, which could be used to ff ican to Be rare tobe use a
bolster the legal appeals of former New ever, Bryant said, they must not exceed |
other convicted Abscam defendants, said Kelly th fundaris’ on Jan. 26, 1981,
by a jury that watched videotapes of him
and telling undercover agents, “It’s a
deal.”
he former Republican congress-
Te .
feet wT
s
geet ergata ee A
f the “pursuit and pres-
place after the first
was rejected.
in cash into his pockets
was conducting his own ae:
Richard Kelly
‘Pursued ‘by FBI
'*. Prior to Bryant's decision, the gov-
- ernment had been successful in fending
_ off challenges ‘to the Abscam “sting”
- operation, which involved undercover
agents who posed as Arab sheiks willing
to pay bribes for official favors. :
. . US. District: Court Judge John P.
__ Fullman voided the Abscam convictions
:* of two Philadelphia city councilmen in .
N
Court of Appeals later reinstated those
“~ convictions and gave its sanction to the ©
° government's conduct. ~ °°.”
__.... In his decision. yesterday, Bryant
“said operations like Abscam have no
place inlaw enforcement. ;
He said the sole objective of the Ab-
" our belief that we have always held, that ‘scam probe was to test the “virtue” of
ultimately Sen. Williams will be
vindicated.”
- “members of Congress who had no reason
to be suspected of criminalconduct.
Justice Department spokesman Tom - «Government agents, hard about the.
Stewart said there is a “strong presume
tion” the government wil appeal
Bryant’sruling.: ; -
~~" Besides Kelly and Williams, five
other members of Congress, including
former New Jersey Rep. Frank Thomp-
son, were convicted in the Abscam probe
Former Camden Mayor Angelo Err,
chetti and a number of other pubiic offi-
cials also were convicted as a result of
the investigation. All are appealing their
business of corrupting public officials
“who are free of suspicion, essentially
subvert our government; and, on its face,
this presents an unwholesome specta-
cle,” teelgs “This is particularly
Cc
true in the Kelly case.
ra neh ra | Fceaasht is
“46 prevent gfime-e criminals’
‘ said Bryant. “Conversely, law en. orceéd)
ment exceeds its bounds when it
monifantirac and ereatec eriminalc”
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