Hastert tells President Bush FBI raid was unconstitutional

The Hill ^ | 5/24/06 | Patrick O'Connor

[P.O.E.]

I love when the Dems wave the Constitution around all of a sudden.

[Doogle]

I just wish there was a serious attempt made to overhaul the whole political system in this country. I'm tired of these deals being made (Sandy Berger)obviously criminal...
..caught red handed and no jail time for a serious offense.
All sorts of "leaking" and no indictments. Deals Deals Deals.
If a movement comes about where all incumbents are thrown out of office so that the average American stands a chance, I would certainly joint such a movement. This atmosphere of deals makes me sick. We need a political house cleaning!!

Doogle

[HangnJudge]

He is concerned about the protection of papers of Members of the House from the Executive.

Interesting and relevant
Insightful and prudent
But insufficient

By my understanding, every reasonable attempt was made to proceed
According to stated precedent
Only after it was clear that the usual presiding authorities
were not going to act, given adequate warning of need and intent
did this unusual act proceed

I do not believe the congress can be trusted to
police it's own actions

All is lost!
I have yet to meet the man who can see his own faults and censure himself!
Confucius

[tarheelswamprat]

The "Comity/Collegiality Virus" which destroyed the Senate has obviously spread to the House.

[streetpreacher]

If Congress is a sovereign branch of government, as it is, how can the executive branch execute a raid on it? Is the Department of Justice merely the law enforcement arm of the executive branch or an independent arm of government (it is not)? There is no place in the Constitution that authorizes an independent federal police agency which would be a de facto fourth branch of government.

In contrast, the Constitution does allow for the Congress to hold the President accountable by impeachment. Who holds Congress accountable? The American people of course. In keeping with the separation of powers, it would seem to me that the only branch of government who would have Constitutional authority to execute a raid on a Congressional office would be the state or local govermnent (and I don't know how that applies in D.C.)

I just don't see any authority for a federal police force to begin with.

http://www.cato.org/pubs/handbook/hb105-17.html

Even the Federalist Papers, which were, after all, a defense of increased federal power, made it clear that criminal law enforcement would not come within the federal sphere under the new Constitution. James Madison wrote that federal powers "will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce. . . . The powers reserved to the several states will extend to all objects which, in the ordinary course of affairs, concern the lives, liberties, and property of the people, and the internal order, improvement, and prosperity of the state.''

Likewise, Alexander Hamilton, the most determined nationalist of his era, explained that state governments, not the federal government, would have the power of law enforcement and that that power would play a major role in ensuring that the states were not overwhelmed by the federal government: "There is one transcendent advantage belonging to the province of the State governments, which alone suffices to place the matter in a clear and satisfactory light--I mean the ordinary administration of criminal and civil justice.''

[philman_36]

Every member of congress worth his salt should have been SCREAMING from the rooftop of the Capitol Building after that atrocity...........

Sonny cried.
Then Sonny died.

[Wormwood]

I love when the Dems wave the Constitution around all of a sudden.

Just as bad as when Republicans do it.

[ChicagoConservative27]

Here ya go Hun. Batavia, IL 60510

[azrodeo]

Goin' have to clean House. They all can go to BS heaven.

[A Citizen Reporter]

"If Congress is a sovereign branch of government, as it is, how can the executive branch execute a raid on it?

The executive branch did not RAID the congress. The FBI searched a congressman's office who had commited a felony, and who was NOT responding to subpeona.

[Cementjungle]

love when the Dems wave the Constitution around all of a sudden.

Clinton (that's William Jefferson Clinton) tried the same argument before he got nailed by Congress.

[Drango]

Does Congress have the power to order searches of the White House?

NO. But riddle me this. Can the executive branch (FBI) search a judges office?

[cajun scpo]

Great post - The search warrant shows the Federal Judge was quite aware of separation of powers issue and set up excellent guidelines to ensure a filter to protect legislative matters / papers were not turned over to prosecutor.

'also from same Byron York post' - There is even, in the 95-page search warrant request, a section headlined GOVERNMENT EFFORTS TO EXHAUST ALL LESSER INTRUSIVE APPROACHES TO OBTAINING RELEVANT DOCUMENTS AND RECORDS LOCATED IN THE WASHINGTON, D.C. CONGRESSIONAL OFFICE OF WILLIAM J. JEFFERSON. It is followed by several redacted paragraphs in which prosecutors apparently describe their attempts to get Jefferson to turn over information.

Just goes to show, most congressman [of either party] have a little 'Chuckie Schumer' in them, get in front of that camera and open mouth and insert foot anytime they can. I noticed Senator Frist was backing off a little today. He said, lets not jump to conclusions [maybe after he ACTUALLY read the warrant] and get "too far out in front on this". We have our legal staff reviewing it.

[mrsmith]

That's why we have elections...

The Privilege only extends to papers etc that are directly connected to their legislative duties. The Executive absolutely cannot be looking at legitimate working papers of a Representative. Nor can any judge authorize them to do so.

The problem was how to get to the evidence without seeing the legitimate legislative papers that were there. The officers in the "filter" team did see such papers. So Hastert does have cause to complain.

Though I don't know what else could have been done except get help from the House to conduct the search.

[NormsRevenge]

What was Reagans rule?

Leave No JellyBean Behind..

No, wait.. I hear ya, not sure how he would feel about this case. ;-)

We'll see what develops..

Jefferson should do the honorable thing and save us all the drama and resign.

[Redcloak]

This isn't from Scrappleface?

[philman_36]

I say repeal the 17th Amendment. The FF knew what they were doing.
The State's legislatures should still be the ones electing Senators. If they held "the reins of power" over these folks we wouldn't be in the mess we're in today.

[mojo114]

Contacting Hastert is the most frustrastring thing. I used the zip code properly then after that they need a phone number. My gosh what is going on here- I am uncomfortable lying to get to a Congresspeople. Please help someone...

[DCPatriot]

A criminal is a criminal. A Congressional Representative should be held to a higher standard of ethics...not placed in a more protected caste.

[longtermmemmory]

so FBI does bad= GWBush's FBI

FBI does good= FBI without credit to administration.


This is like parents and children. (look at what YOUR son/daughter did)