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Legislative Process Keyed to Mikva, 5th Ed.
United States v. Gillock
Citation:
445 U.S. 360 (1980)Facts
Edgar H. Gillock, a Tennessee state senator and practicing attorney, was indicted in 1976 on multiple federal charges, including obtaining money under color of official right (Hobbs Act violations) and participating in an enterprise through a pattern of racketeering activity (RICO violation). The indictment alleged that Gillock accepted money to use his influence as a state senator to block the extradition of a defendant from Tennessee to Illinois and that he agreed to introduce legislation in the Tennessee General Assembly that would enable four individuals to obtain master electrician’s licenses they had been unable to obtain through existing examination processes. Before trial, Gillock moved to suppress all evidence relating to his legislative activities, arguing that as a state senator, he had an evidentiary privilege similar to that granted to Members of Congress under the Speech or Debate Clause. The government’s offer of proof included evidence about Gillock’s appearance at an extradition hearing, his request for an official opinion from the Tennessee Attorney General, his statements about exerting pressure on an extradition hearing officer who had appeared before his senate committee, and his introduction and support of the electrician licensing legislation.
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