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John Murtha — Part 28

137 pages · May 10, 2026 · Broad topic: General · Topic: John Murtha · 134 pages OCR'd
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VII. JUDGE FULLAM'S DECISION IN US v. JANNOTTI AND SCHWARTZ Since Judge Fullam in Pennsylvania has dismissed the indictments against Philadelphia councilmen Jannotti and Schwartz on post-conviction motions similar to those now before this court, some discussion of his decision is appropriate. US v. Jannotti, 501 F Supp 1182 (ED Pa 1980) (appeal pending). Familiarity with Judge Pullam's opinion is assumed. In reaching his conclusion, Judge Fullam was obviously influenced strongly by the tenuous connection between the Philadelphia trial events and federal jurisdic- tion, and he expressly disapproved "artificial federalization of purely state crimes". 501 F Supp at bag. The Phila- delphia "bribes" involved local officials and their relation- ship to local zoning matters in the city of Philadelphia. Schwartz and Jannotti made no committment that they would be influenced in their decisions. ' Indeed, they, were so’ anxious to have the sheik construct his hotel complex in the city that the mere offer to make such an investment “a would have guaranteed any reasonable variances required. Defendants had not requested the bribe payments and they made it clear that such payments were unnecessary. Under . these circumstances, Judge Fullam found that the Hobbs Act, 18 USC §1951(a), which provided one of the pegs for ~ ne 2 r At Ate oe teen ie emer ve hen mamperap pes mere mi psnmneqangme fo OE: ek Mme mn ERE HY Ramee mee Heer ne ee nn Th omen eS ome A HEY MO eseny or ereeny Oe etme Meer,
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