Jackson County Executive Phil LeVota wants the whole four-count federal bribery case against him tossed out, saying he doesn’t dispute the facts — but they weren’t a crime.
The indictment, handed down in August, accused LeVota of offering a $165,000 county job to county legislator DaRon McGee if McGee dropped out of the Democratic race for county executive.
“What the Indictment charges is political logrolling — the everyday trading of political acts that American law has never treated as a federal crime,” the motion argues.
LeVota eventually dropped out of the primary, as did McGee.
The indictment alleges LeVota met with McGee in March to “induce him to abandon his candidacy.”
The two finally agreed to a $165,000 a year job for McGee to run the county’s parks and recreation department.
“The smart people in politics are like, how do I get paid?” LeVota said, according to a surreptitiously recorded conversation transcribed in the indictment.
The 15-page motion to dismiss said that the offer could not be a bribe because “The alleged exchanges does not include or even contemplate a private payment to LeVota.”
“At most, the conduct the Indictment alleges is a political trade, not a bribe,” his motion filed on October 30 said.
In an odd twist, the motion also relies on the federal case against former Illinois governor Rod Blagojevich, who was charged with trying to sell Barack Obama’s U.S. Senate seat after he was elected president.
The government stands by its case.
“The defendant committed each of these crimes by agreeing to accept a thing of value,” prosecutors wrote in the motion filed last Friday.
The “thing of value” was a smaller field for the nomination.
“The defendant agreed to fire the longstanding Director of Parks + Rec so he could appoint Individual 1 (McGee) to the resulting vacancy. He agreed to do so the day after the primary election,” the government argued. “I can get rid of her on August 4th…August 5th, you’re the Parks guy,” the indictment charged.
The U.S. Attorney also says LeVota tried to cover his tracks.
When McGee texted LeVota seeking to confirm the job and salary, the government says LeVota “took steps to conceal the bribery agreement.”
LeVota then called McGee and said that was not a discussion to have in writing.
“When you have text messages, things going around saying certain things, that’s where people can somewhat get in trouble,” the indictment quoted LeVota as saying.
The government’s motion rejects LeVota’s political argument. “Courts have long recognized the governmental interest in prohibiting corrupt police bargains,” its motion said.
U.S. District Court Judge Roseann Ketchmark will rule on the motion, although no date is set for that.
LeVota will only be in office a few more weeks, until County Executive-elect Stacy Lake is inaugurated January 1.
LeVota’s trial is scheduled for April 19.
