Durenberger Indictment Is Dismissed

In a ruling that could affect future congressional ethics cases, a federal judge in Minnesota dismissed an indictment Monday that accused Sen. Dave Durenberger (R-Minn.) of cheating the government of $3,825 on his Senate expense account.

U.S. District Judge Warren Urbom of St. Paul ruled that federal prosecutors improperly based their case on protected congressional records, specifically those compiled by the Senate Ethics Committee in its investigation of Durenberger. He cited the Constitution’s “speech or debate” clause, which protects lawmakers from prosecution based on their words or actions in Congress.

While the judge ruled that prosecutors could seek another indictment, Durenberger said that he hopes the Justice Department will drop the case. Justice Department officials had no comment.

Durenberger was charged with hiding his ownership in a condominium so that he could collect $3,825 in reimbursement from the Senate for staying there during trips to his district in 1987. He faced two felony charges, each of which carries a maximum five-year prison sentence and $250,000 fine.

He was formally denounced by the Senate for unethical conduct in July, 1990, and he announced this year that he would not seek reelection in 1994.

The dismissal of the indictment could set an important precedent in the current Senate investigation of Sen. Bob Packwood (R-Ore.), who is fighting a Senate subpoena for his personal diaries in connection with sexual harassment charges and faces a Justice Department investigation of allegations that he asked lobbyists to provide a job for his wife.