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Lawmaker challenges legality of FBI raid [Rep. William Jefferson, D-La..........]
Yahoo ^

Posted on 05/15/2007 9:09:02 AM PDT by Sub-Driver

Lawmaker challenges legality of FBI raid

By MATT APUZZO, Associated Press Writer 6 minutes ago

Rep. William Jefferson (news, bio, voting record) says the FBI crossed the line when it raided his congressional office and he wants a federal appeals court to order the return of documents.

Jefferson, D-La., says the raid last year was unconstitutional because it trampled on congressional independence. His lawyer argued that point Tuesday before a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit.

His attorneys said nearly 19,000 pages of documents and electronic files seized by prosecutors and the FBI are covered by the constitutional principle that the executive branch may not use its law enforcement powers to infringe on the independence of the legislative branch.

Attorney Robert P. Trout told the court that the search was unconstitutional because, while FBI agents looked for documents related to their criminal investigation, they also examined many other records related to Jefferson's work as a legislator.

"How do we know an FBI agent — there were 15 FBI agents over 18 hours — didn't say, 'Hey Joe, get a load of this. This is really interesting,' " Trout said.

Trout said an attorney for the House should have been allowed to review the documents first to decide what should not be provided to the FBI.

The Justice Department countered that, if Jefferson had his way, targets of congressional bribery investigations could pick and choose what evidence to turn over to the FBI.

"In other words, the target of the search would be entitled to define the scope of the search," government attorneys said in court documents.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS:

1 posted on 05/15/2007 9:09:04 AM PDT by Sub-Driver
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To: Sub-Driver

“Freezer, Turkey!!”
;-)

Talk about your ‘culture of corruption’...


2 posted on 05/15/2007 9:10:02 AM PDT by pillut48 (CJ in TX --Bible Thumper and Proud! RUN, FRED, RUN!!!)
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To: Sub-Driver

I know that if they came into my house and went after all that cash in my freezer, I would be upset as well!


3 posted on 05/15/2007 9:10:38 AM PDT by TommyDale (More Americans are killed each day in the U.S. by abortion than were killed on 9/11 !)
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To: Sub-Driver
the raid last year was unconstitutional because it trampled on congressional independence 1) But the independence of the executive branch in prosecuting the war is not sacrosanct. 2) Lesson: Run all your criminal operations directly out of your congressional office, mix some of the papers up and, in essence, you are granted immunity. Brilliant.
4 posted on 05/15/2007 9:12:11 AM PDT by keepitreal
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To: Sub-Driver

Strange he is not off the hook by now. Did he make some other Democrat mad?


5 posted on 05/15/2007 9:12:32 AM PDT by P-40 (Al Qaeda was working in Iraq. They were just undocumented.)
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To: P-40

Hope the crook keeps whining, and keeps this in the newz...another corrupt (un-prosecutable)Democrapper.


6 posted on 05/15/2007 9:17:57 AM PDT by iopscusa (El Vaquero. (SC Lowcountry Cowboy))
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To: Sub-Driver

AAAAHHH yes ,To be black and a Democrat...


7 posted on 05/15/2007 9:19:18 AM PDT by ustanker (Secure the border!)
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To: Sub-Driver

According to the article, Newt Gingrich believes that the raid was unconstitutional. I’d be interested to read a summary of his reasoning in support of that view. I just can’t accept that a legislator has an absolute right to keep evidence of crimes safely tucked away in his or her office.


8 posted on 05/15/2007 9:19:56 AM PDT by GraceCoolidge
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Comment #9 Removed by Moderator

To: Sub-Driver

The corrupt-to-the-core Bush Justice Department at work....

William “Cold Cash” Jefferson (Democrat, Louisiana), is still walking around untouched, yet Curt Weldon’s door was kicked down a couple of weeks before the election. Yeah, that’s real integrity.


10 posted on 05/15/2007 9:23:39 AM PDT by Lancey Howard
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To: GraceCoolidge

and this is the reason i could not take gingrich as a serious presidential candidate. To me this is approval of corruption.


11 posted on 05/15/2007 9:29:53 AM PDT by joe fonebone (Nothin' from Nothin' leaves Nothin')
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To: Sub-Driver
Why , O why was not a special prosecutor with an unlimited budget named to roll up this Dem/African Nation kick back scheme?

Jefferson was just the bagman laundering money through his freezer. ( I guess he can't tell the difference between a washer and a freezer).

I remember Gomez having a fit about the constitutional issue being used to bring the president in to intervene.Again the president Gomez and the Pubbies have dropped the ball on this one. Indictments should have been issued by now, I mean Jefferson was caught cold handed, literally.

12 posted on 05/15/2007 9:31:35 AM PDT by Candor7
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To: TommyDale
I know that if they came into my house and went after all that cash in my freezer, I would be upset as well!

That's the first place they look, so I keep mine in the lettuce crisper.

:o)

13 posted on 05/15/2007 9:48:15 AM PDT by IllumiNaughtyByNature (I buy gas for my SUV with the Carbon Offsets I sell on Ebay!)
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To: K4Harty

I keep all my money in my Ex’s bank account.


14 posted on 05/15/2007 9:56:11 AM PDT by Waverunner
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To: Sub-Driver
Article I, Section 6. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.
15 posted on 05/15/2007 10:09:11 AM PDT by Enchante (Reid and Pelosi Defeatocrats: Surrender Now - Peace for Our Time!!)
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To: Enchante

So far as I can tell, the only provision in the US Constitution about possible criminality for Congresscritters is the passage in Article I, Section 6 (quoted above) which makes clear that Rep. Jefferson could be subject to arrest for a FELONY. If he can be arrested for a felony, and an investigation has indicated that he likely committed said felony (don’t know if it was official “probable cause” but they did find $90K unaccounted for in his freezer!), then how can anyone think the US Constitution bars a search of his office and effects. These Congresscritters are not exempt from criminal laws, though they like to think they are..... if the US Constitution allows for him to be prosecuted for a felony charge, then surely it is allowable to conduct a thorough investigation regarding such charge(s).

http://www.law.cornell.edu/constitution/constitution.articlei.html


16 posted on 05/15/2007 10:13:25 AM PDT by Enchante (Reid and Pelosi Defeatocrats: Surrender Now - Peace for Our Time!!)
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To: P-40
"Strange he is not off the hook by now. Did he make some other Democrat mad?"

No. He is guilty as sin and that party doesn't want to touch this with a 100 foot pole.


17 posted on 05/15/2007 10:22:37 AM PDT by sinclair (Muslims are sensitive to everything except the screams of their victims being beheaded.)
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To: Sub-Driver
"How do we know an FBI agent — there were 15 FBI agents over 18 hours — didn't say, 'Hey Joe, get a load of this. This is really interesting,' " Trout said.

Yes - I imagine that JUST what the FBI said when they uncovered the cold hard cash stashed in the freezer - "Hey Joe, get a load of this!"

18 posted on 05/15/2007 10:25:48 AM PDT by Tokra (I think I'll retire to Bedlam.)
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To: Candor7

I suspect the reason he is not indicted or in jail at this point is probably linked to some of the Gonzalez firings.

I think the FBI is afraid that the congress critters will de-budget them if they proceed with the prosecution of this guy.


19 posted on 05/15/2007 10:31:25 AM PDT by PureTrouble
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