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NO! He is not in jail...

June 23, 2010

Jefferson, who turned 63 in March, remains free, pending resolution of the appeal of the guilty verdicts returned by a Virginia jury last August on 11 of the 16 counts charged by the Justice Department.

U.S. District Judge T.S. Ellis III sentenced Jefferson in November to 13 years in prison, most of which relate to what prosecutors said was a scheme in which he demanded, and in some cases, received payments from business executives to family-owned businesses in return for his help getting contracts in Western Africa.

A key argument in his appeal is likely to be over Jefferson’s contention that his actions weren’t related to his official duties, thereby voiding the bribery-related charges, an argument that Ellis rejected during trial.

Once the transcripts are filed with the court, the 4th Circuit will set dates for Jefferson’s attorneys to file briefs, for the prosecutors to file their response and then for Jefferson to file his response. At some point, the court will set a date for oral arguments, likely before a three-judge panel.

It usually takes between eight and 12 months for a ruling once a briefing schedule is set. But before a schedule can be set, the transcripts must be filed.

On another matter, Judge Ellis has ruled that Jefferson, whose travel is restricted to the New Orleans area and Washington D.C., where his lawyers have offices, could make three trips.

One is to attend the funeral Saturday for his sister Brenda, who died May 17, before she was expected to testify at an upcoming criminal trial for Jefferson’s brother, Mose, who is serving a 10-year sentence from another criminal case.

Jefferson was also given permission by Ellis to travel to Biloxi, Miss., with his wife, Andrea, in June so they can celebrate their 40th wedding anniversary.

The former nine-term congressman also was granted permission by Ellis to travel to Washington between May 31, and June 6. Normally, he wouldn’t need the court’s permission to visit Washington, but Jefferson’s lawyers said Jefferson wants to oversee repairs on his Washington D.C. townhouse, which he hopes to sell. The proceeds could become an issue in his bankruptcy filing in New Orleans Bankruptcy Court.

The Justice Department didn’t object to the travel, as long as arrangements are made for his travel to be monitored by a GPS monitoring device. Jefferson’s lawyers said that would be no problem, and Ellis approved the arrangement this week.