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.''
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.
It does beg the question that if no man is above the law,, why this privilege for these few. I may have a bit of an issue with that but it could just be me when it comes to criminal acts.
Not sure on the state or local enforcement angle, perhaps the Louisiana folks should have first crack at him, not sure that DC police would necessarily be the best choice locally. They don't have a sparkling record of late when it comes to pursuing congressional indiscretions, etc.
raid? Uhhhh as I said to others, how can the FBI run a search on a judge? They the executive branch police the judicial branch. Why can't they do the same of the congressional?
You're right on target. The executive branch has no Constitutional authority to go after Congress.