Search of Jefferson’s Office: Legal
By Jim Lynch on Jul 10, 2006 in House
So says Chief U.S. District Judge Thomas F. Hogan who issued the original warrant.
He rejected requests from lawmakers and Democratic Rep. William Jefferson (news, bio, voting record) to return material seized by the FBI in a May 20-21 search of Jefferson’s office.
In a 28-page opinion, Hogan dismissed arguments that the first-ever raid on a congressman’s office violated the Constitution’s protections against intimidation of elected officials.
Jefferson’s theory of legislative privilege “would have the effect of converting every congressional office into a taxpayer-subsidized sanctuary for crime,” the judge said.
So far I haven’t seen any reaction from members of Congress. Of course when the warrant was first executed in May they had plenty to say. I posted on it here:
The latest pronouncement from On High has me reaching for my Glenn Beck™ Duct Tape.
“The Justice Department must immediately return the papers it unconstitutionally seized,” House Speaker Dennis Hastert, R-Ill., and Democratic Leader Nancy Pelosi, D-Calif., said in a statement.
After that, they said, Democratic Rep. William Jefferson of Louisiana must cooperate with the Justice Department’s bribery investigation against him.
The leaders also said the Justice Department should not look at the documents or give them to investigators in the Jefferson case.
What makes sense to me (and I am as far from a lawyer as you can get), reading part of the opinion posted at The Volokh Conspiracy, was this:
The Speech or Debate Clause is not undermined by the mere incidental review of privileged legislative material, given that Congressman Jefferson may never be questioned regarding his legitimate legislative activities, is immune from civil or criminal liability for those activities, and no privileged material may ever be used against him in court.
This seems to be a sensible, reasoned interpretation of The Speech and Debate Clause. Jefferson’s legal team, of course, disagrees.
Because Hogan signed the search warrant authorizing the search, Jefferson’s legal team was not surprised by his ruling upholding it.
“While a Congressman is not above the law, the executive branch must also follow the law,” said Jefferson’s lawyer, Robert Trout. “We appreciate the consideration the judge accorded our motion for the return of the seized property, but we respectfully disagree with his conclusion, and we intend to appeal the ruling.”
So it will probably still be a while before we learn what was found in Congressman Jefferson’s office.
Also Posting:
Captain’s Quarters
Sister Toldjah
Iowa Voice
PoliBlog
GOP Bloggers
Ankle Biting Pundits
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