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John Murtha — Part 28
Page 108
108 / 137
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pmeneame Tyme fg ne rege
view to preclude the mere acceptance of the money as suffi-
cient evidence of predisposition. With each of the congress-~"
men charged in these indictments, the circumstances were
far different. While the amounts offered were comparatively ’
large, they were to be shared in substantial part by the
co-conspirators. In each case the congressman was asked
to act improperly and in clear violation of federal law,
and in no instance was there any indication that other
conduct by the sheik would have been influenced by whether
or not the money for immigration legislation was accepted
or refused. On the contrary, the congressmen wanted. the
sheik to invest in their districts so as to provide a "cover
for support of his immigration to this country.
Since he was sitting in the Third Circuit, Judge
Fullam was, of course, governed on the due process issue
‘by US v. Twigg, 599 F2d 373 (CA3 1978), one of the few
cases on record where a conviction has been set aside because. _
of the government's excessive creative involvement in a
crime. Although he recognized that "governmental subterfuge
and even creative involvement may be necessary to combat"
municipal bribery, Judge Fullam concluded that the techniques.
employed with the Philadelphia councilmen, Schwartz and
Jannotti, "went far beyond the necessities of legitimate
law enforcement" and, under Twigg, ordered that judgments
; nr = LOE
there would be no project, all combined in Judge Fullam's
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ane tanta ie tate ernment inn “meine Teh mite EMRE fem TTY Se
a pein em mek
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