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A federal judge in San Antonio dismissed a case against a former Republican congressman who led an investigation into the U.S. Department of Defense’s nuclear weapon program during the George W. Bush administration.
The ruling comes less than five months after former Rep. Mel Reynolds was convicted of violating a federal law requiring “official acts” of his office, and another member of Congress — Rep. Ron DeSantis — was convicted under the law.
Reynolds retired from Congress last year after serving 13 years in the House.
In a brief ruling, U.S. District Judge Michael Winger said Reynolds could not be required to testify before a hearing as the lawsuit he was being sued in was based in part on statements that Reynolds made to federal investigators prior to his departure from Congress.
“This court finds that Reynolds has an attorney who will argue that his statements were made while he was acting as a Congressional official,” Winger said in his 51-page ruling. “But since he resigned on November 20, 2008, [the Office of Public Affairs staff] has not responded to Reynolds’s request for an interview or produced a record in support of his claims that he was acting in his official capacity.”
A federal law requiring “official acts” of officials is meant to prevent officials from using their official positions to influence private members of Congress’ decisions during political campaigns. While Reynolds’ actions were deemed unauthorized in part because they violated the law, the judge said Reynolds could still be required to provide documents and answer questions before the proceeding. He was ordered to report to the U.S. District Court in San Antonio by October 12 and make arrangements for a court appearance before that date.
Federal investigators have charged that Reynolds, a Florida Democratic congressman at the time, broke the law in providing information he said was gleaned from a confidential source to officials who asked about a weapons program involving a possible nuclear warhead.
Reynolds in 2013 pleaded guilty to violating the law by providing
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