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This section contains the nature of the case and procedural background.

Helstoski (D) was a member of the House of Representatives. D came under investigation for corruption including the charge that aliens had paid D money to introduce private bills which would suspend application of the immigration laws and allow them to stay in the country. D appeared before the grand jury eight times and discussed the matters and produced files. On the ninth appearance, D asserted the privilege of Speech or Debate Clause. D was indicted for various criminal acts, The District Court held that the Speech or Debate Clause did not require dismissal but that the Government would not be allowed to offer evidence of the actual performance of any legislative acts. The government filed an appeal.

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