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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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ee tetera meres 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 woe ere mitt romp ee a meee mene ane tanta ie tate ernment inn “meine Teh mite EMRE fem TTY Se a pein em mek
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