Rostenkowski Strategy Is Likely to Delay Trial

Defense lawyers for Rep. Dan Rostenkowski (D-Ill.) told a federal judge Wednesday that they will mount a legal attack on his 17-count corruption indictment on constitutional grounds, a maneuver likely to delay the start of his trial until after the November elections.

Former U.S. Atty. Dan K. Webb, the chief defense attorney, said he will file legal arguments within 30 days, claiming that the charges violate Rostenkowski’s protections under the speech and debate clause of the Constitution, which shields members of Congress from being prosecuted for conduct related to legislative activity.

Although Webb and a new co-counsel, R. Kenneth Mundy, insisted that they want the case resolved expeditiously, Webb told reporters: “We’re not going to be stampeded and see a defendant denied his constitutional rights. This issue must be addressed.”

Mundy, making his first appearance in the case, is one of the capital’s best-known lawyers. He helped former Washington Mayor Marion S. Barry Jr. defeat the most serious charges against him in his 1990 trial on drug and perjury charges, and he is renowned for his ability to relate to District of Columbia juries.

Webb said he selected Mundy as his Washington-based associate based on “a thorough search” for the best trial lawyer available.

At a court hearing, U.S. District Judge Norma Holloway Johnson told prosecutors and defense lawyers that “we’ve got to move forward” to get Rostenkowski to trial on fraud and embezzlement charges. But she established a schedule for legal briefs by both sides that authorities said makes it virtually impossible for Rostenkowski to be tried before the November elections, when the powerful Chicago lawmaker is seeking a 19th consecutive term.

Johnson gave Webb until Aug. 5 to file his first challenge to the indictment, after which the government will have until Sept. 2 to respond. Oral arguments on the motions are likely to take place in September, the judge said.

Once that issue is resolved, Webb said, he will ask the judge to review secret grand jury proceedings to determine if they were flawed by presentation of evidence he considers to be in violation of the Constitution.

Webb contends that only Congress--and not the executive branch--can determine whether Rostenkowski’s expenditures were for legislative purposes.

Rostenkowski’s indictment by a federal grand jury here on May 31 alleged that he misappropriated more than $640,000 in federal funds in a series of schemes, including the hiring of “ghost employees” who gave him kickbacks, conversion of House post office funds to his personal use and the expenditure of official funds on gifts for friends and relatives.

Rostenkowski vehemently denied the charges after rejecting a plea agreement that his previous lawyer, Robert S. Bennett, sought to negotiate for him.

Although he has remained a member of Congress, Rostenkowski was forced to step down as chairman of the House Ways and Means Committee, one of several panels considering the Clinton Administration’s health care reform package.

By agreement of both sides, Rostenkowski was not present at Wednesday’s court hearing.

If Johnson should rule against Webb, he would have the right to appeal to the U.S. Court of Appeals--and wait for its ruling--before any trial.