U.S. Judge Refuses to Halt Nofziger Trial

WASHINGTON —  A federal judge refused Friday to halt the trial of former White House aide Lyn Nofziger and co-defendant Mark A. Bragg, rejecting a hurried attempt by defense lawyers to capitalize on an appeals court ruling against the independent counsel law.

The lawyers unsuccessfully sought a hearing on whether some trial evidence on Nofziger’s lobbying activities had been “tainted” because it was gathered during a three-month period when independent counsel James C. McKay may have lacked full prosecutorial powers.

U.S. District Judge Thomas A. Flannery brushed aside the move, noting that the appeals court decision to void the independent counsel law had just been announced.

“You’re talking about an opinion I’ve never read,” Flannery said. “We’re going to try the case.”

Nofziger is accused of violating a federal ethics law that limits the lobbying activities that government officials may engage in after leaving government service. When the trial was resumed, Flannery made two compromise rulings on key evidence that prosecutors want to present to the jury next week over defense objections.

Mario E. Moreno, an officer of the now-bankrupt Wedtech Corp., will be allowed to testify that the firm gave Nofziger and Bragg stock in 1983 to pay off a $60,000 lobbying debt incurred the year before, when they helped Wedtech obtain a $32-million Army contract.

The stock’s actual value was about $750,000, but some of it was supposed to pay for future lobbying, so Flannery ruled that telling the jury the full amount would be inflammatory.

Moreno will also be allowed to say he has pleaded guilty to bribery and conspiracy charges. But he cannot mention other offenses he allegedly committed. Defense lawyers contended that Nofziger and Bragg would unfairly suffer from guilt by association if any other criminal activity by Moreno were disclosed.