John Dougherty addresses reporters outside the courthouse following his arraignment, Feb. 1, 2019. (Photo: P.J. D'Annunzio/ALM)

John Dougherty, the politically powerful leader of the International Brotherhood of Electrical Workers Local 98, believes he is being punished by the federal government for above-board lobbying activities, according to court papers filed Thursday.

Dougherty—who along with seven co-defendants were charged in a 116-count federal indictment in January for allegedly conspiring to funnel money into a slush fund for the union boss—claimed in a motion to dismiss the indictment that no quid pro quo occurred between him and Philadelphia City Councilman Bobby Henon, who is accused of being Dougherty's go-to politician for illicitly advancing the union's agenda.

“After years of investigation, months of wiretaps, and countless subpoenas, the government is left with a feeble attempt at criminalizing the legislative process,” wrote Dougherty's lawyer, Henry Hockeimer of Ballard Spahr, in the motion to dismiss charges. “Specifically, the government has charged defendants Dougherty and Henon with a criminal conspiracy to engage in honest services fraud—where the facts, in reality, reveal the normal and lawful lobbying of a city councilmember to advance the interests of a labor union. And a councilmember acting in response to such efforts and in order to advance the interests of his constituents is not a fraud.”

The motion continued, claiming that prosecutors are attempting to punish Dougherty for what they consider a conflict of interest between Henon and Local 98, of which the councilman is a member, framing it in terms of bribery.

“The government proffers an untenable theory: while he continued to receive a salary from Local 98, Mr. Henon, as a Philadelphia city councilman, took actions benefiting his long-term employer,” the motion said. “On this premise and nothing more, the government is attempting to hold Mr. Dougherty personally and criminally liable for bribery. However, looking past the government's self-serving and conclusory characterizations and analyzing the bare facts supporting these charges under the appropriate legal standards, the government's bribery theory unravels.”

Reached Thursday morning, Hockeimer declined to comment beyond the arguments laid out in Dougherty's court papers.

Dougherty has led IBEW 98 for more than 25 years. From that perch he has been a major political force in Philadelphia and throughout Pennsylvania, providing huge amounts of funding for countless political and judicial offices. His organization also provided significant amounts of funding for the campaigns of several Democratic candidates now sitting on the Pennsylvania Supreme Court, including that of his brother, Justice Kevin Dougherty.

The others who were indicted along with Dougherty and Henon are union political director Marita Crawford; Brian Burrows, a business partner with Dougherty and president of the Local 98; Michael Neill, training director for the union's apprentice training fund; Dougherty's nephew, Brian Fiocca; Local 98 employee Niko Rodriguez; and construction company owner Anthony Massa.