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Court Won't Rule on Search Case { William Jefferson }
AP via SFGate ^ | 3/31/8 | MARK SHERMAN, Associated Press Writer

Posted on 03/31/2008 7:38:54 AM PDT by SmithL

The Supreme Court on Monday refused to step into a legal fight between the Justice Department and a member of Congress who has been indicted on bribery charges.

The court declined to review an appeals court ruling that the FBI reviewed legislative documents in the office of Rep. William Jefferson, D-La., in violation of the Constitution.

Jefferson has pleaded not guilty to charges of soliciting more than $500,000 in bribes while using his office to broker business deals in Africa. His trial has been delayed indefinitely.

While the Bush administration asked the Supreme Court to intervene, Attorney General Michael Mukasey said last month that he would prefer Congress and the Justice Department reach agreement about any future searches.

The ruling "is jeopardizing ongoing public corruption investigations," the Justice Department said in urging the justices to accept its appeal.

If allowed to stand, the ruling also would essentially prevent investigators from searching lawmakers' offices because it requires the FBI to give the lawmakers advance notice, the department said.

"The bottom line is that, if the government cannot search a member's office in the manner authorized by the search warrant here ... the government cannot do so in any meaningful manner and congressional offices may become a 'sanctuary for crime,'" the Justice Department said.

Yet Mukasey said in testimony to Congress that an agreement between lawmakers and his agency would be better than a court-issued "bright-line ruling that one of us can't live with or would find it awkward to live with."

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

(Excerpt) Read more at sfgate.com ...


TOPICS: Breaking News; Government
KEYWORDS: 110th; coldcash; corruptdems; cultureofcorruption; fbi; separationofpowers; williamjefferson
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1 posted on 03/31/2008 7:38:55 AM PDT by SmithL
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To: SmithL

legalized corruption......


2 posted on 03/31/2008 7:42:35 AM PDT by joe fonebone (Screw McPain....J. Fred Muggs for POTUS)
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To: SmithL

So, someone in congress can rob a bank, and hide the money in his office, and it’s off-limits? Is that how this works?


3 posted on 03/31/2008 7:43:02 AM PDT by MizSterious (The Republican Party is infected with the RINO-virus)
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To: joe fonebone

$10 says he walks.


4 posted on 03/31/2008 7:43:49 AM PDT by Eric in the Ozarks
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To: SmithL
Prosecutors have said they can proceed to trial without waiting for the contested documents.

That's the bottom line. Looks to me that with the executive branch and Congress negotiating, there is no reason, YET, for the court to take the case.

5 posted on 03/31/2008 7:44:23 AM PDT by SeaHawkFan
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To: SmithL

>>The court declined to review an appeals court ruling that the FBI reviewed legislative documents in the office of Rep. William Jefferson, D-La., in violation of the Constitution.<<

This is very bad.


6 posted on 03/31/2008 7:44:26 AM PDT by gondramB (Preach the Gospel at all times, and when necessary, use words.)
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To: Eric in the Ozarks

Another 10 Obama pardons him for being dumb and stoopid!


7 posted on 03/31/2008 7:47:35 AM PDT by cameraeye (The Lords Prayer on Obama's Lips? Where's the video?)
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To: Eric in the Ozarks

$10 is not much but since the odds of your being right are about 1000:1, I’ll pass on the bet.


8 posted on 03/31/2008 7:47:47 AM PDT by GreyWolf (My $.02)
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To: joe fonebone

But, but, this can’t be — Bela Pelosi told us the culture of corruption was a Republican thing, and only Republicans can be corrupt. The RATs are as pure as the wind-driven snow!! (sarc)


9 posted on 03/31/2008 7:53:05 AM PDT by Polyxene (For where God built a church, there the Devil would also build a chapel - Martin Luther)
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To: SmithL
This make me wonder why any of us should obey the law! Why bother, when our lawmakers are so corrupt & above the law.

What is good for the goose is good for the gander!

arrrrrgh!

10 posted on 03/31/2008 7:53:50 AM PDT by Mister Da (The mark of a wise man is not what he knows, but what he knows he doesn't know!)
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To: SmithL
It's not as bad as it seems.

Justice wanted a broader interpretation than the appeals gave.

The essence is buried in the article

The appeals court did not say lawmakers would need to have advance notice of the FBI's arrival.
Rather, the court said the Justice Department can't broadly review legislative records.

11 posted on 03/31/2008 7:55:43 AM PDT by stylin19a
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To: GreyWolf

$10 is my limit. This looks to be a sure thing, tho...


12 posted on 03/31/2008 8:02:48 AM PDT by Eric in the Ozarks
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To: Eric in the Ozarks

and gets re-elected


13 posted on 03/31/2008 8:05:11 AM PDT by joe fonebone (Screw McPain....J. Fred Muggs for POTUS)
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To: Eric in the Ozarks

“$10 says he walks.”

Throw it in the freezer and I’ll cover it.


14 posted on 03/31/2008 8:07:46 AM PDT by toddlintown (On Obama's moral compass, "N" doesn't stand for "North.")
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To: gondramB
"congressional offices may become a 'sanctuary for crime,'" the Justice Department said."

They MAY become?

15 posted on 03/31/2008 8:08:58 AM PDT by boop (Democracy is the theory that the people get the government they deserve, good and hard.)
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To: joe fonebone

In a landslide.


16 posted on 03/31/2008 8:09:12 AM PDT by Eric in the Ozarks
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To: joe fonebone

Just one more piece of significant evidence that John Edwards is right about there being “Two Americas”: One for the elites, and one for the poor, dumb bastards paying the freight. We are in a death spiral in this country.


17 posted on 03/31/2008 8:11:19 AM PDT by thelastvirgil
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To: Eric in the Ozarks
Make it a million if you can get any takers..Its a sure thing he will walk free and be reelected for as long as he runs for office..Hell he could even be a VP for Obama !!
18 posted on 03/31/2008 8:14:27 AM PDT by bestrongbpositive
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To: gondramB

What’s to negotiate?


19 posted on 03/31/2008 8:35:36 AM PDT by nikos1121 (typical white person)
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To: nikos1121

>>What’s to negotiate<<

I can’t believe this is even debatable.

The President quashes investigations against the executive branch and the courts quash investigations against congress.

We are gonna leave a legacy of untouchable government tat can break the law.


20 posted on 03/31/2008 8:41:36 AM PDT by gondramB (Preach the Gospel at all times, and when necessary, use words.)
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