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UNITED STATES v. HELSTOSKI

No. 80-1592.

635 F.2d 200 (1980)

UNITED STATES of America, Appellant, v. Henry HELSTOSKI, D. John Mazella, Alfred A. Porro and Vincent L. Verdiramo, Appellees.

United States Court of Appeals, Third Circuit.

Decided November 3, 1980.

Attorney(s) appearing for the Case

Kenneth N. Laptook, Asst. U. S. Atty. (argued), Robert J. Del Tufo, U. S. Atty., Newark, N. J., for appellant.

Morton Stavis (argued), Neil Mullin, Newark, N. J., for appellee, Henry Helstoski.

Nicholas L. Gigante, Fort Lee, N. J. (argued), for appellee, D. John Mazella.

Stanley M. Brand, General Counsel to the Clerk, U. S. House of Representatives Washington, D. C. (argued), Steven R. Ross, Asst. Counsel to the Clerk, U. S. House of Representatives, Washington, D. C., for amicus curiae Honorable Thomas P. O'Neill, Jr., Speaker of the U. S. House of Representatives.

Before GIBBONS, WEIS and SLOVITER, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

The speech or debate clause of the Constitution, born of historic strife between Crown and Parliament, is designed to protect the independence of Congress. The importance of this objective requires that the privilege be construed generously. In this appeal we are presented with the question whether an indictment based upon evidence protected by the speech or debate clause is valid. We conclude that it is not and...

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