James A. Traficant Abuse of Power

Mr. Traficant is a flamboyant and charismatic man. He is known for his unruly head of hair, his plaid pants, his colorful blazers with contrasting white stitching and his provocative, arm w

On Monday August 5, 2002, U.S. marshals transferred former representative James A. Traficant Jr. from an Ohio jail to a federal prison in Pennsylvania where he will serve eight years for bribery and racketeering. Traficant had asked to be placed in an Ohio prison so he can run for re-election November 5, 2002, from his Youngstown district. However, the sentencing judge made no recommendation either way. The Constitution states that a congressional candidate must be a resident of the state where he is seeking office. Both Traficant’s spokesman and state official said they did not know if his assignment to a prison outside Ohio would affect his eligibility to run. Spokesman Dean Caputo said, “He’s still moving forward as if he was running. But it’s a gray area. Nobody’s ever done this before.” Traficant arrived the same day in the afternoon at the minimum-security prison in central Pennsylvania, about 200 miles east of the congressional district he represented. He had been jailed in Akron, Ohio, since his sentencing last week. Traficant is housed in a locked dormitory style wing at Allenwood. His unlocked cubicle will contain a locker, desk, and bunk bed. Governor Bob Taft has said he will not order a special election to fill the last five months of Traficant’s term, saying it would cost too much. However, the American Civil Liberties Union sued this same day to force an election. Raymond Vasvari, the ACLU’s Ohio legal director, said, “The Governors action essentially says to 600,000 people that their voice doesn’t matter.” A federal judge will decide this case.

On Tuesday July 30, 2002, an unrepentant James A. Traficant Jr. was sentenced to eight years behind bars for corruption and made it clear he intends to run for re-election from his prison cell and expects to win. The 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 on charges of taking bribes and kickbacks. Traficant told the judge after she imposed the sentence, “Quite frankly, I expect to get re-elected.” The judge gave Traficant a longer sentence than the minimum 7-¼ 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 required him to forfeit in ill-gotten gains. Judge Wells said, “To protect a junkyard full of deceit, corruption, and greed, you fought like a junkyard dog.” Judge Wells quoted Traficant’s own words. At his sentencing, Traficant complained that the judge did not allow him to argue at his trail that the government has a vendetta against him. Traficant asked the judge, “Why did you tie my hands behind my back?” The judge told Traficant to sit down. As Traficant arrived on the courthouse steps, he declared, “All of Ohio and America knows I’ve been railroaded.”

On Friday May 11, 2001, James A. Traficant pleaded innocent to corruption charges and will represent himself even though he is not a lawyer. Traficant’s exact words were, “I plead not guilty by reason of sanity.” There were many chuckles in the courtroom due to his plea. Traficant told a judge, “Your honor, I am comfortable with my defense. I’m facing a 10-count indictment. I have an education. I can read.” He also told U.S. District Judge Lesley Wells that a July 16 2001 trail date would be to soon for him to prepare. Wells pushed back the trail to February 4, 2002 and promised to help him avoid scheduling conflicts with congressional duties. He did the same thing in 1983 when he was acquitted of accepting mob bribes while Mahoning County sheriff. He lost a U.S. Tax Court case in 1987 stemming from the same issue. Traficant said, “I have had a bull’s eye on my back ever since I defeated the Department of Justice, being the

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