By Associated Press - Wednesday, October 16, 2013

NEW ORLEANS — Former New Orleans Mayor Ray Nagin has asked a federal judge to throw out his indictment on bribery charges, saying the case has been tainted by prosecutorial misconduct.

The alleged misconduct includes anonymous posts by former prosecutor Sal Perricone, who was a top deputy to former U.S. Attorney Jim Letten. Perricone resigned after acknowledging his online comments.

Nagin was the subject of some of Perricone’s posts.

Nagin’s attorney asked a judge for a copy of a sealed Justice Department report on anonymous comments by at least three federal prosecutors. But U.S. District Judge Helen Berrigan rejected the request Wednesday.

Nagin’s lawyer believes that sealed report will bolster arguments of prosecutorial misconduct.

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