Traficant Vows House Run in Prison

By JOE MILICIA
.c The Associated Press

CLEVELAND (AP) - James A. Traficant Jr. already made history by being
expelled from Congress. Now he will try to become the first person since the
18th century to win his seat back from behind bars.

The defiant Democrat was sentenced Tuesday to eight years in prison for
bribery and racketeering and asked the judge to imprison him in Ohio so he
can seek a 10th term in the Nov. 5 election.

``Quite frankly, I expect to be re-elected,'' Traficant told U.S. District
Judge Lesley Wells after she imposed the sentence.

The 61-year-old former House member was immediately led off to jail in
handcuffs after the judge refused to let him remain free on bail while he
appeals his conviction.

Traficant, who last week became only the second congressman thrown out since
the Civil War, filed to run for the House as an independent within weeks of
his April conviction.

Despite his conviction and expulsion, Traficant is still on the ballot. But
the U.S. Constitution states that a congressional candidate must be a
resident of the state where he is seeking office on the day of the election -
and there's no guarantee Traficant would be assigned to federal prison in
Ohio. Not only that, but his congressional district has been heavily redrawn
this year.

Traficant faces an uncertain future even if he were to win election. He would
be in the unusual position of trying to serve behind prison walls, and the
same lawmakers who tossed him out have the power to refuse to seat him.

``He's prepared to serve his time and he's going to fight on,'' said Mark
Colucci, appointed by Traficant to represent him during his appeal. ``And
he's going to be on the ballot, and to him, quite frankly it's kind of just
another day and he's moving down the road.''

If Traficant wins re-election from prison, he would be the first inmate
congressman since Matthew Lyon of Vermont more than 200 years ago. Lyon was
re-elected in 1798 while serving a four-month jail sentence for violating the
Alien and Sedition Act in a letter criticizing President John Adams. The law
was later declared unconstitutional.

Traficant, known for his arm-waving rants on the House floor, his loud
'70s-style suits and his unruly gray hair, was unrepentant Tuesday, telling
one of the prosecutors, ``You should be ashamed of yourself, not me.''

The judge gave Traficant a longer sentence than the minimum 7 1/4 years
prosecutors had requested, saying he had undermined respect for the
government and lied to distract attention from the charges against him.

The judge also fined him $150,000 on top of the $96,000 the jury required him
to forfeit in ill-gotten gains.

Traficant's attorney said he will ask the U.S. Court of Appeals to release
the former congressman during his appeal.

There is one federal prison in Ohio - Elkton Federal Correctional Institution
- located near Youngstown, Traficant's hometown.

Traficant's request to be incarcerated in Ohio is irrelevant to the federal
Bureau of Prisons, but the agency will take into account ``any placement
recommendation made by the court,'' spokeswoman Traci Billingsley said.

Wherever he winds up in custody, he would not be permitted to receive
incoming calls, and his phone privileges would be limited to five hours a
month, Billingsley said.

He would have mail privileges but no access to the Internet or e-mail.

``November is a long way off and Traficant will be pretty much silenced,''
said Melanie Blumberg, political science professor at California University
of Pennsylvania. ``I think that's going to be a problem for him.''

Warren Davis, an independent also running for the seat in the northeast Ohio
17th District, said Traficant has ``a core of followers who have always been
loyal to him.''

Those loyal to Traficant include Eric Mahadeviah, 39, a member of American
Legion Post 472 in Youngstown, which was the center of Traficant's old
territory and is still part of the newly redrawn 17th District.

``I think congressman Traficant got alienated from the Congress and that the
judge did him very wrong, as a matter of fact. I really don't believe he did
everything they said he did,'' Mahadeviah said.

Although Traficant has made no political appearances or produced any ads, he
still has $50,000 in campaign funds. There is no law stopping him from using
that money for re-election or raising more funds from prison, said Bob
Biersack, spokesman for the Federal Election Commission.

But he has no campaign staff. ``I don't know who will be carrying the banner
for him,'' Blumberg said.

Political analysts have said a run by Traficant could split the Democratic
vote, aiding the Republican nominee, state Rep. Ann Womer Benjamin.

``As long as he is still on the ballot, this story is yet to be written and
his impact on that election is yet to be seen,'' said Rep. Bob Ney, R-Ohio,
chairman of the House Administration Committee.



07/31/02 10:34 EDT


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without the prior written authority of The Associated Press. All active
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Rev. Jim Sutter
LCDR, USNR, (ret).
Cleveland, Ohio, USA
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