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Judge: FBI raid on lawmaker's office legal (Louisiana Democrat Rep. William Jefferson )
AP on Yahoo ^ | 7/10/06 | Toni Locy - ap

Posted on 07/10/2006 1:36:15 PM PDT by NormsRevenge

WASHINGTON - An FBI raid on a Louisiana congressman's Capitol Hill office was legal, a federal judge ruled Monday.

Chief U.S. District Judge Thomas F. Hogan said members of Congress are not above the law. 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.

"Congress' capacity to function effectively is not threatened by permitting congressional offices to be searched pursuant to validly issued search warrants," said Hogan, who had approved the FBI's request to conduct the overnight search of Jefferson's office.

Jefferson had sought the return of several computer hard drives, floppy disks and two boxes of paper documents that FBI agents seized during an 18-hour search of his Rayburn Building office.

At issue was a constitutional provision known as the speech and debate clause, which protects elected officials from being questioned by the president, a prosecutor or a plaintiff in a lawsuit about their legislative work.

"No one argues that the warrant executed upon Congressman Jefferson's office was not properly administered," Hogan wrote. "Therefore, there was no impermissible intrusion on the Legislature. The fact that some privileged material was incidentally captured by the search does not constitute an unlawful intrusion."

The raid on Jefferson's office angered members of Congress, some of whom threatened to retaliate by tinkering with the FBI and Justice Department budgets.

President Bush stepped in and ordered the solicitor general to take custody of the seized materials so Congress and the Justice Department could work out procedures to deal with similar situations in the future.

The president's 45-day "cooling off period" ended Sunday with no compromise worked out but with assurances from the Justice Department that it would not seek to regain custody of the materials until Hogan ruled on Jefferson's request.


TOPICS: Breaking News; Crime/Corruption; Government; Politics/Elections; US: Louisiana
KEYWORDS: congress; corruption; fbi; govwatch; judge; judiciary; lawmaker; legal; office; raid; williamjefferson
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To: NormsRevenge

Not a surprise here.


41 posted on 07/10/2006 2:46:29 PM PDT by newzjunkey (Support Arnold-McClintock or embrace higher taxes, gay weddings with Angelides.)
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To: jazusamo

This last week has been an incredible legal boon to conservatism. It's kinda weird. It is as though the drugs of the 60's finally wore off.

I suspect it is only temporary though - like a Mariners win.


42 posted on 07/10/2006 2:56:11 PM PDT by RobRoy (The Internet is doing to Evolution what it did to Dan Rather. Information is power.)
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To: NormsRevenge
Chief U.S. District Judge Thomas F. Hogan said members of Congress are not above the law

About time someone told Congress that

43 posted on 07/10/2006 2:59:29 PM PDT by Mo1 (http://www.youtube.com/watch?v=ePb6H-j51xE&search=Democrats)
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To: NormsRevenge

I hear strains of "Had a Bad Day" coming from the Dem. caucus room. More bad news for the bad guys.


44 posted on 07/10/2006 3:07:03 PM PDT by chiller (every time we call MSM "mainstream" we confirm their status. "Drive-by" is working nicely.)
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To: E. Pluribus Unum

isn't he also the judge that signed the warrant for the raid as well?


45 posted on 07/10/2006 3:07:29 PM PDT by Rakkasan1 ((Illegal immigrants are just undocumented friends you haven't met yet!))
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To: HAL9000

thanks, saw that after asking my question.

glad to see he doesn't overule himself.


46 posted on 07/10/2006 3:09:15 PM PDT by Rakkasan1 ((Illegal immigrants are just undocumented friends you haven't met yet!))
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To: RobRoy

Hopefully, some of the recent results are a reflection of the influx of conservatism on the federal bench.


47 posted on 07/10/2006 3:09:30 PM PDT by jazusamo (DIANA IREY for Congress, PA 12th District: Retire murtha.)
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To: jazusamo

I hope so. And it isn't just conservatism. It is maturity and clear thinking. I have felt about our government and courts lately that they make the kinds of decisions that would be made by judges elected from the pool of kids in Neverland. It is just not believeable what nonsensical decisions they would make.


48 posted on 07/10/2006 3:11:21 PM PDT by RobRoy (The Internet is doing to Evolution what it did to Dan Rather. Information is power.)
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To: NormsRevenge

BTTT


49 posted on 07/10/2006 3:12:29 PM PDT by nopardons
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To: Michael.SF.
Maybe, maybe not.

The Supreme's have already ruled in similar cases

http://www.freerepublic.com/focus/f-chat/1638473/posts

“The immunities of the Speech or Debate Clause were not written into the Constitution simply for the personal or private benefit of Members of Congress, but to protect the integrity of the legislative process by insuring the independence of individual legislators.”

“In no case has this Court ever treated the Clause as protecting all conduct relating to the legislative process. 9 In every case thus far before this Court, the Speech or Debate Clause has been limited to an act which was [408 U.S. 501, 516] clearly a part of the legislative process - the due functioning of the process. 10 Appellee's contention for a broader interpretation of the privilege draws essentially on the flavor of the rhetoric and the sweep of the language used by courts, not on the precise words used in any prior case, and surely not on the sense of those cases, fairly read.”

“We recognize that the privilege against arrest is not identical with the Speech or Debate privilege, but it is closely related in purpose and origin. It can hardly be thought that the Speech or Debate Clause totally protects what the sentence preceding it has plainly left open to prosecution, i. e., all criminal acts.”

United States V Brewster, Per Curium decision 1971, Supreme Court Justice Burger (CJ)
50 posted on 07/10/2006 3:12:54 PM PDT by Perdogg
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To: onyx; Howlin; Mo1

William Jefferson (Democrat of Louisiana) BUMP! ~ PING!


51 posted on 07/10/2006 3:14:37 PM PDT by BigSkyFreeper (There is no alternative to the GOP except varying degrees of insanity.)
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To: Michael.SF.

Scandal Woes Likely to Benefit William Jefferson

Losing his seat on the influential Ways and Means Committee and being investigated in a federal bribery probe could actually benefit U.S. Rep. William Jefferson (D-La.) in his bid for reelection, said Ken Moore, professor of political science at the University of Louisiana. "Being seen as a taker of bribes will probably help him with the typical Louisiana Democratic voter. Yielding to temptation makes him more human. Working the system to extract extra benefits makes him crafty. These are traits admired by the chiselers and parasites that comprise the voting base in this state."

According to Moore, the eight-term congressman is going to say: "I took these turkeys for plenty. I can do the same for the citizens of Louisiana. This is essential to relieving our people of the effort and expense of the Katrina cleanup."

"In Louisiana, corruption or bribery or incompetence has never been a bar to holding office -- or returning to office," Moore noted. In support of his contention, Moore pointed to the reelection of Ray Nagin as mayor of New Orleans. "Here we had a clueless boob responsible for untold suffering due to his incompetent handling of the Katrina disaster getting reelected by playing the 'race card.' The road map for Jefferson's reelection campaign has been clearly laid out for him."

read more...

http://www.azconservative.org/Column_Archives.htm


52 posted on 07/10/2006 3:17:00 PM PDT by John Semmens
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To: RobRoy

I have a feeling (but only a feeling) that by more conservative judges being appointed it has affected rulings by some of the fence sitters who in the past have fallen in line with liberals. The next couple years will tell the tale IMO.


53 posted on 07/10/2006 3:17:47 PM PDT by jazusamo (DIANA IREY for Congress, PA 12th District: Retire murtha.)
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To: NormsRevenge

Was William Jefferson Clinton named after the Congressman?

Billy seems to have acted like him.


54 posted on 07/10/2006 3:31:47 PM PDT by GOPologist (When one lowers himself to argue with a fool, then you don't know which one is the fool.)
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To: John Semmens

a sad reflection indeed on the people of Louisiana


55 posted on 07/10/2006 4:00:42 PM PDT by Michael.SF. (Nothing says "SLUTT", like a tattoo on the BUTT)
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To: NewYorker
two boxes of paper documents

Are there about 900 of those so-called "documents," clearly distinguished by a rather greenish picture of Ben Franklin on the obverse side.

56 posted on 07/10/2006 4:08:16 PM PDT by AndyJackson
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To: Dog

"This will have a chilling effect on us as we go about our duties as public servants.."

LOL Yeah! They'll have to be more circumspect when taking bribes!


57 posted on 07/10/2006 4:10:56 PM PDT by Panzerlied ("We shall never surrender!")
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To: E. Pluribus Unum

Good for Judge Hogan. He ruled correctly and surprised a few of us doubters that a Chief US District Judge could rule the right way.


58 posted on 07/10/2006 4:24:27 PM PDT by conservative blonde (Conservative Blonde)
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To: John Semmens
Funny stuff!

You half to admit that Dollar Bill did pull himself up from his modest beginnings. Why, he went from ripping off the LA poor as a slum landlord to ripping off wealthy entrepreneurs and African dictators as a member of the US Congress.

In New Orleans, that's progress!

59 posted on 07/10/2006 4:27:07 PM PDT by browardchad
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To: NormsRevenge

Now we have precedent.
Encore ! Encore!


60 posted on 07/10/2006 4:29:14 PM PDT by TET1968 (SI MINOR PLUS EST ERGO NIHIL SUNT OMNIA)
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