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Imprisoned Traficant's Ohio Candidacy in Doubt (Feds Frightened of Him)
Reuters via Yahoo! News ^ | August 6, 2002

Posted on 08/06/2002 3:12:46 PM PDT by PJ-Comix

WARREN, Ohio (Reuters) - Convicted felon and former Rep. James Traficant wishes he could "beam up" to Ohio.

Traficant, who is serving an 8-year sentence at a federal prison in Pennsylvania, is on Ohio's ballot for now, but residency requirements could knock him off, officials said.

Traficant, a Democrat who often used the television science-fiction phrase "beam me up" in his rambling political speeches, is trying to win reelection even though in July he was thrown out of the House of Representatives where he had been a member for nine terms.

The problem: he is in jail in Pennsylvania and Ohio law requires that him to be a resident of Ohio to be eligible for the state's ballot.

"It's up in the air right now," said Norma Williams, director of the Trumbull County Board of Elections, one of two counties making up Ohio's 17th Congressional District.

The county is seeking a legal opinion on Traficant's independent candidacy in light of his imprisonment outside the state. Residency is a constitutional requirement for running for office.

Traficant, 61, has said he believes he will win a 10th term in the newly reconfigured district, though Congress voted to expel him July 24 based on his conviction for running his office as a racketeering enterprise.

Traficant has appealed the conviction and also requested that he serve his sentence in Ohio, his home state, but was shipped on Monday to the Allenwood low-security federal prison in White Deer, Pennsylvania.

The prison has barracks-like dormitories with cubicles containing two or three bunk beds each for its 1,375 inmates. Prisoners have mail and limited telephone privileges, but no access to the Internet, a Bureau of Prisons spokesman said.

Famous for his one-minute rants on the floor of the U.S. House of Representatives, his throwback wardrobe, and his tousled thatch of gray hair, Traficant is forbidden by prison rules from wearing his toupee in prison.

His candidacy may rest on the definition of the term "inhabitant," said Carlo LoParo, a spokesman for the Ohio Secretary of State's office. While Traficant met the criteria when he filed for reelection, his imprisonment outside the state could nix his candidacy -- but that was up to local election officials to decide.

"It's such a gray area, no one has any answers to this," said Dean Caputo, who describes himself as a personal friend to Traficant. "Nobody has done anything like this before ... He's going forward."

Meanwhile, the American Civil Liberties Union filed a federal lawsuit in Columbus, challenging Republican Gov. Bob Taft's decision not to hold an interim election for Traficant's seat because of its $800,000 cost.

The suit, filed in U.S. District Court in Columbus, said "considerations of cost and convenience provide no justification, let alone a compelling justification, to ignore this mandate."

U.S. District Judge Edmund Sargus ordered the state to respond by Aug. 13, and said he would hear oral arguments within a week after that.


TOPICS: Crime/Corruption; Politics/Elections; US: Ohio
KEYWORDS: jamestraficant
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Is there some way we could e-mail John Ashcroft about returning Traficant to a Federal Prison in Ohio? Anybody out there STILL DOUBT that the Feds have a big vendetta against Traficant.

Oh well, at least a couple of Traficant's persecutors, Wells and Morford, will be turned into public laughingstocks in a few days. STAY TUNED! :-)

1 posted on 08/06/2002 3:12:46 PM PDT by PJ-Comix
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To: PJ-Comix
Who assigned Traficant to the Pennsylvania prison? Was it the judge? Was it the Bureau of Prisons?
2 posted on 08/06/2002 3:16:40 PM PDT by aristeides
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To: PJ-Comix
The county is seeking a legal opinion on Traficant's independent candidacy in light of his imprisonment outside the state. Residency is a constitutional requirement for running for office.

Thats all that was necessary at the time to get him on the ballot. The next time it may be relevant is at the time he is to 'be seated' in congress. But that wont happen. What might happen is he'll help the democrat lose, and thats why the ACLU wants the special election so there is a democrat imcumbent. I bet the libs are behind this residency challenge too.

3 posted on 08/06/2002 3:18:56 PM PDT by VA Advogado
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To: PJ-Comix
Traficant, 61, has said he believes he will win a 10th term in the newly reconfigured district, though Congress voted to expel him July 24 based on his conviction for running his office as a racketeering enterprise.

Amazing that Traficant didn't know that only democRAT senators in tiny tom's senate can run their office like a racketeering enterprise.

4 posted on 08/06/2002 3:28:09 PM PDT by lideric
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To: VA Advogado
What might happen is he'll help the democrat lose, and thats why the ACLU wants the special election so there is a democrat imcumbent. I bet the libs are behind this residency challenge too.

BINGO!!! And meanwhile the dopey John Ashcroft is sucking his thumb and letting the Demmycrats get away with the Traficant crucifixion. Want to know why it took me a long time to register as a Republican? Because I thought they were STUPID! Reagan made me change my mind but now the Republicans are acting like DOPES again!

Mr Ashcroft! How much longer will you allow the Demmycrats to run circles around you?

5 posted on 08/06/2002 3:39:24 PM PDT by PJ-Comix
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Comment #6 Removed by Moderator

Comment #7 Removed by Moderator

To: PJ-Comix
The problem: he is in jail in Pennsylvania and Ohio law requires that him to be a resident of Ohio to be eligible for the state's ballot.

He may be in prison in Pennsylvania, but that doesn't make him a resident of that state.

I noticed that when one of our idiot congressmen here (Marion Berry) filed his candidacy with the Arkansas Secretary of State, he listed his place of residency as Washington DC. The other incumbent federal candidates (e.g. Tim Hutchinson) listed themselves as residents of Arkansas.

If Marion Berry can claim residency in D.C. and remain on the Arkansas ballot, then James Trafficant - who doesn't claim residency in Pennsylvania - should remain on the Ohio ballot.

8 posted on 08/06/2002 4:32:03 PM PDT by HAL9000
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To: HAL9000
Even one of Traficant's opponents in the November election admitted that Traficant is eligible to run despite imprisonment in Pennsylvania.
9 posted on 08/06/2002 4:42:39 PM PDT by PJ-Comix
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To: PJ-Comix
I always thought that "residency" is where you say it is, and is legally different from "living there". I live one block away from my (Democratic) congressman and I can assure you that he and his family do NOT live here in WV, even if they "reside" here.

Also, think about what an amazing precedent a decision against Traficant would bring about: it would be sufficient to kidnap a candidate for office and hold him/her captive outside the state or district until the crucial moment (election day, swearing-in day, whatever) had passed and he had been rendered ineligible through no choice of his own.

10 posted on 08/06/2002 4:53:20 PM PDT by wildandcrazyrussian
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To: PJ-Comix
U.S. District Judge Edmund Sargus ordered the state to respond by Aug. 13, and said he would hear oral arguments within a week after that.

President Makes Two Nominations To United States District Court

Belmont veterans receive France's Jubile de la Liberte

Judge Denies Request to Block NCAA's Tournament Limits

ATTORNEY PLEADS GUILTY TO FORGING JUDGE'S SIGNATURE

Janet Reno, in her official capacity as Attorney General of the United States; Doris Meissner, in her official capacity as Commissioner of the Immigration and Naturalization Service; Natalie Vedder, in her official capacity as Director of Nebraska Service Center of the Immigration and Naturalization Service,

Group behind attack ads fights Ohio election law February 23, 2001

Ohio State fights use of logos on Web site

11 posted on 08/06/2002 4:59:35 PM PDT by ATOMIC_PUNK
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To: PJ-Comix
I don't understand your love affair with Traficant. He had a liberal voting record when Dem's controlled the House and a RINO-type voting record when the GOP led the House.

That makes him a spineless wimp who simply swims with the flow.
12 posted on 08/06/2002 5:15:29 PM PDT by 11th Earl of Mar
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To: 11th Earl of Mar
What Republcans had the guts to say the things that Traficant did about the Reno Justice Dept.?
13 posted on 08/06/2002 5:17:44 PM PDT by PJ-Comix
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To: PJ-Comix
I don't care if he criticized Reno. He was still a liberal. Check out his voting record.

Being critical of her is a good thing. But why would we let a liberal get away with a poor voting record simply because of his comments against Janet Reno?
14 posted on 08/06/2002 5:24:25 PM PDT by 11th Earl of Mar
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To: PJ-Comix
Check out his voting record.

With ACLU: 0%

With environmentalists: 6%

Voted for the display of the Ten Commandments in public schools.

Mocked scientists for not believing in God.

"Traficant's voting record has become increasingly Republican since he bucked party loyalty and backed Hastert last year ... "

No wonder the Democrats mugged him and the Republicans pulled their skirts up over their heads.

He's got more balls than all of them.

I talked to Paul McHale on the phone right after he spoke out against Clinton.

It's a dangerous, dangerous world when you stand up for truth.

As for "corruption"--

It does not get any more corrupt than giving our missile guidance to our Chinese Communist enemy.

And nobody on that side but Traficant dared bring that up.

15 posted on 08/06/2002 5:42:17 PM PDT by PhilDragoo
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To: PJ-Comix
Traficant is simply SOL. The courts have repeatedly held that a prisoner, even one convicted in a state court, does not have any legal right to insist which prison, or even which state, holds him. Just last month there was a prisoner named Koos who got told that when he had the bright idea of suing to get the Wisconsin prison to let him go to a foreign country so he could renounce his US citizenship (it would have to be done in a US diplomatic office on foreign soil).
16 posted on 08/06/2002 6:46:05 PM PDT by DonQ
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To: PhilDragoo
Traficant voted FOR abortion and AGAINST impeachment of Bill Clinton.

If you want him on your side, you can have him.

But he is no friend of conservatives.
17 posted on 08/06/2002 6:56:47 PM PDT by 11th Earl of Mar
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To: aristeides
"who assigned Traficant to the Pennsylvania prison? Was it the judge? Was it the Bureau of Prisons?"

Assignments are by the BOP
18 posted on 08/06/2002 6:58:46 PM PDT by APBaer
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To: PhilDragoo

Representative James Traficant (D)
17th Congressional District, Ohio
Democrat, Years of Service: 17

ACU Ratings for Representative Traficant:
Year 2001 76
Year 2000 60
Lifetime 34

2001 Congressional Vote Breakdown:

  • Ergonomics Rules S.J. Res. 6 (Roll Call Vote No. 33 )
    2001-03-07
    This resolution set aside a last-minute Clinton Administration rule imposing deastic controls over workplace conditions.
    ACU supported this bill.

    This bill was: adopted
    The vote was: 223-206

    This Representative voted: Negative


  • Budget Resolution H. Con. Res. 83 (Roll Call Vote No. 68 )
    2001-03-28
    Flake (R-AZ) substitute to the budget resolution providing for $2.3 trillion in tax cuts over 10 years, $290 billion more in defense spending, and $440 billion less in non-defense spending
    ACU supported this bill.

    This bill was: defeated
    The vote was: 81-341

    This Representative voted: Negative


  • Tax Limitation Constitutional Amendment H.J. Res 41 (Roll Call Vote No. 87 )
    2001-04-25
    Passage of the joint resolution to propose a constitutional amendment to require a two-thirds majority vote of the entire House and Senate to pass any legislation that increases federal revenues except in times of war or military conflict threatening nati
    ACU supported this bill.

    This bill was: defeated
    The vote was: 232-189

    This Representative voted: Positive


  • Fetal Protection HR 503 (Roll Call Vote No. 89 )
    2001-04-26
    Passage of a bill making it a criminal offense to injure or kill a fetus during the commission of a violent crime. This bill excludes consensual abortion and the death penalty could not be imposed under the bill.
    ACU supported this bill.

    This bill was: adopted
    The vote was: 252-172

    This Representative voted: Positive


  • International Criminal Court HR 1646 (Roll Call Vote No. 106 )
    2001-05-10
    DeLay (R-TX) amendment to the State Department Bill protectins U.S. citizens, acting on behalf of the government, from prosecution by the International Criminal Court until the Senate ratities the treaty establishing the court.
    ACU supported this bill.

    This bill was: passed
    The vote was: 282-137

    This Representative voted: Positive


  • U.N. Back Payments HR 1646 (Roll Call Vote No. 107 )
    2001-05-10
    Hyde (R-IL) amendment to the State Department Bill delaying payment of sums claimed by the U.N. until the U.S. is restored to its seat on the UN Human Rights Commission
    ACU supported this bill.

    This bill was: adopted
    The vote was: 252-165

    This Representative voted: Positive


  • Family Planning Funding HR 1646 (Roll Call Vote No. 115 )
    2001-05-16
    Hyde (R-IL) amdnement to the State Department Bill maintaining President George W. Bush's restrictions on funding for international family planning groups that provide abortion services, counseling or advocacy
    ACU supported this bill.

    This bill was: passed
    The vote was: 218-210

    This Representative voted: Positive


  • School Vouchers HR 1646 (Roll Call Vote No. 135 )
    2001-05-23
    Armey (R-TX) amdnement to the Education Bill that would provide scholarships for students from consistently low-performing of dangerous schools. Scholarships could be used at private, including religious schools.
    ACU supported this bill.

    This bill was: defeated
    The vote was: 155-273

    This Representative voted: Negative


  • Energy Independence HR 2217 (Roll Call Vote No. 181 )
    2001-06-21
    Davis (D-FL) amendment to the Interior Appropriations Bill that would prohibit production of oil and gas from a portion of the Gulf of Mexico until after 1 April 2002
    ACU opposed this bill.

    This bill was: passed
    The vote was: 247-164

    This Representative voted: Positive


  • National Endowment for the Arts HR 2217 (Roll Call Vote No. 184 )
    2001-06-21
    Stearns (R-FL) amendment to the Interior Appropriations Bill that would reduce runding for the National Endowment for the Arts by $10 million.
    ACU supported this bill.

    This bill was: defeated
    The vote was: 145-264

    This Representative voted: Negative


  • Campaign Finance HR 2356 (Roll Call Vote No. 228 )
    2001-07-12
    Procedural vote on whether the campaign finance bill would have to be considered in one complete package, good and bad together, or whether improvements could be proposed to, or inappropriate or unconstitutional sections stricken from, specific parts of t
    ACU supported this bill.

    This bill was: defeated
    The vote was: 203-228

    This Representative voted: Positive


  • Flag Desecration H.J. Res. 36 (Roll Call Vote No. 232 )
    2001-07-17
    Passage of a proposed Constitutional amendment to state that Congress shall have the power to prohibit the physical desecration of the flag of the United States. ACU supported this amendment, which received the required two-thirds vote of the House.
    ACU supported this bill.

    This bill was: adopted
    The vote was: 298-125

    This Representative voted: Positive


  • Abortion Ban HR 2500 (Roll Call Vote No. 235 )
    2001-07-17
    DeGette (D-CO) to the Commerce, Justice, State Appropriations Bill that would have permitted the use of taxpayer funds for abortion services in federal prisons.
    ACU opposed this bill.

    This bill was: defeated
    The vote was: 169-253

    This Representative voted: Positive


  • Record-keeping on Gun Purchases HR 2500 (Roll Call Vote No. 244 )
    2001-07-18
    HR 2500 (roll call vote 244). Moran (D-VA) amendment to the Commerce, Justice, State Appropriations Bill that would have allowed instant background check information, on law abiding citizens, to be kept indefinitely. Now results must be destroyed within
    ACU opposed this bill.

    This bill was: defeated
    The vote was: 161-268

    This Representative voted: Positive


  • Cuba Embargo HR 2590 (Roll Call Vote No. 271 )
    2001-07-25
    Rangel (D-NY) amendment to the Treasury Appropriations Bill that would have effectively lifted the economic embargo on Communist Cuba.
    ACU opposed this bill.

    This bill was: defeated
    The vote was: 201-227

    This Representative voted: Positive


  • Arsenic Standards HR 2620 (Roll Call Vote No. 288 )
    2001-07-27
    Bonior (D-MI) amendment affirming the last-minute Clinton Administration requirement for sharply lower arsenic content in drinking water. The standards impose enormous costs on small water systems, with no demonstrable gain in health.
    ACU opposed this bill.

    This bill was: passed
    The vote was: 218-189

    This Representative voted: Positive


  • Human Cloning Ban HR 2505 (Roll Call Vote No. 302 )
    2001-07-31
    Greenwood (R-PA) amendment that would ban for ten years human cloning to begin a pregnancy but allow the cloning of embryos for medical research as long as a researcher registers with the federal government.
    ACU opposed this bill.

    This bill was: defeated
    The vote was: 178-249

    This Representative voted: Positive


  • SUV Fuel Standards HR 4 (Roll Call Vote No. 311 )
    2001-08-01
    Boehlert, (R-NY) amendment to the Energy Plan that would require light trucks and sport utility vehicles to meet the same mileage standards as automobiles, thus requiring them to be smaller, and lighter, and less safe.
    ACU opposed this bill.

    This bill was: defeated
    The vote was: 160-269

    This Representative voted: Positive


  • Alaska Drilling Ban HR 4 (Roll Call Vote No. 317 )
    2001-08-01
    Markey (D-MA) amendment to the Energy Plan that would maintain the current prohibition on oil drilling in the Arctic National Wildlife Refuge.
    ACU opposed this bill.

    This bill was: defeated
    The vote was: 206-223

    This Representative voted: Positive


  • Medical Savings Accounts HR 2563 (Roll Call Vote No. 328 )
    2001-08-02
    Thomas (R-CA) amendment that would lift limitations and caps on medical savings accounts, allowing more people to take advantage of this avenue to lower medical costs.
    ACU supported this bill.

    This bill was: passed
    The vote was: 236-194

    This Representative voted: Positive


  • Domestic Partner Benefits HR 2944 (Roll Call Vote No. 352 )
    2001-09-25
    Weldon (R-FL) amendment prohibiting the District of Columbia Appropriations from spending local funds to extend city employees' health benefits to unmarried domestic partners.
    ACU supported this bill.

    This bill was: defeated
    The vote was: 194-226

    This Representative voted: Positive


  • Boy Scouts HR 2944 (Roll Call Vote No. 353 )
    2001-09-25
    Norton (D-DC) amendment to the District of Columbia Appropriations Bill that would permit the use of local funds to force the Boy Scouts of America to reinstate two homosexual leaders and compensate them $50,000 each.
    ACU opposed this bill.

    This bill was: defeated
    The vote was: 173-243

    This Representative voted: Positive


  • English Language HR 3061 (Roll Call Vote No. 380 )
    2001-10-11
    Istook (R-OK) amendment to the Labor-HHS-Education Appropriations Bill that would stop spending money to carry out an executive order that requires federal contractors and other recipients of federal assistance to provide translators for people with limit
    ACU supported this bill.

    This bill was: defeated
    The vote was: 156-262

    This Representative voted: Negative


  • Aviation Security HR 3150 (Roll Call Vote No. 423 )
    2001-11-01
    Oberstar (D-MN) amendment that would federalize passenger and baggage screeners at the country's largest 140 airports and give the Justice Department responsibility for airport and airline security.
    ACU opposed this bill.

    This bill was: defeated
    The vote was: 214-218

    This Representative voted: Positive


  • Fast Track Authority HR 3005 (Roll Call Vote No. 481 )
    2001-12-06
    Passage of the bill allowing expedited negotiation and implementation of trade agreements between the executive branch and foreign countries. The bill would include provisions requiring increased consultations with Congress on any proposed changes of tari
    ACU supported this bill.

    This bill was: adopted
    The vote was: 215-214

    This Representative voted: Negative





     COPYRIGHT ©2002 AMERICAN CONSERVATIVE UNION | PRIVACY POLICY
     1007 Cameron Street | Alexandria, VA 22314 | 703-836-8602 | Fax 703-836-8606 | acu@conservative.org



19 posted on 08/06/2002 7:00:07 PM PDT by 11th Earl of Mar
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To: PJ-Comix
"Mr Ashcroft! How much longer will you allow the Demmycrats to run circles around you?"

Clue:
Remember, Ashcroft got fewer votes than his opponent, a dead man.
20 posted on 08/06/2002 7:00:26 PM PDT by APBaer
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