SCOTUS here we come.
Posted on 05/24/2006 8:24:23 AM PDT by Extremely Extreme Extremist
WASHINGTON - The FBI's raid on a Democrat's office rippled through Capitol Hill Wednesday, with Republicans demanding that the bureau surrender documents and other items its agents seized under what lawmakers said were unconstitutional circumstances.
"I think those materials ought to be returned," said House Speaker Dennis Hastert, adding that the FBI agents involved "ought to be frozen out of that (case) for the sake of the Constitution."
A day earlier, the Illinois Republican complained personally to President Bush about the Saturday night raid of Rep. William Jefferson (news, bio, voting record)'s legislative office, saying it violated the Constitution's separation of powers doctrine. Other House officials have predicted that the case would bring all three branches together at the Supreme Court for a constitutional showdown.
The raid also has united Democrats and Republicans in a rare, election-year accord. But while they stand together in opposition to an executive branch raid of a legislative branch office, party leaders are acting on different political agendas.
Democrats, hoping to exploit Republican scandals on Capitol Hill and regain control of Congress, are making it known that Jefferson, of Louisiana, is no longer welcome on the House's most prestigious panel, the tax-writing Ways and Means Committee.
For his part, Jefferson, who has denied wrongdoing, remains defiant.
"I will not give up a committee assignment that is so vital to New Orleans at this crucial time for any uncertain, long-term political strategy," Jefferson said Tuesday. "If asked, I would respectfully decline."
His spokeswoman, Melanie Roussell, added that Jefferson will not resign from Congress.
The developments are the beginning of what lawmakers predict will be a long dispute over the FBI's search of Jefferson's office last weekend. Historians say it was the first raid of a representative's quarters in Congress' 219 years.
FBI agents searched Jefferson's office in pursuit of evidence in a bribery investigation. The search warrant, signed by U.S. District Court Judge Thomas Hogan, was based on an affidavit that said agents found $90,000 in cash wrapped and stashed in the freezer of Jefferson's home.
Jefferson has not been indicted and has denied wrongdoing. The search brought Republican and Democratic leaders together in a rare alliance, fighting what they branded a breach of constitutional boundaries between branches of government.
"My opinion is that they took the wrong path," Hastert said of the FBI, after meeting with Bush in the White House. "They need to back up, and we need to go from there."
White House officials said they did not learn of the search until after it happened. They pledged to work with the Justice Department to soothe lawmakers.
"We are hoping that there's a way to balance the constitutional concerns of the House of Representatives with the law enforcement obligations of the executive branch," White House press secretary Tony Snow said. "Obviously we are taking note of Speaker Hastert's statements."
House Democrats reacted particularly quickly, in keeping with their election-year pledge to campaign against what they call a Republican "culture of corruption."
Officials said House Minority Leader Nancy Pelosi, D-Calif., had discussed Jefferson's situation with several fellow senior lawmakers and there was a consensus that he should step aside, preferably voluntarily, at least until his legal situation was clarified. It was not clear whether she or an emissary approached Jefferson. The officials who described the developments did so on condition of anonymity, citing the delicacy of the situation.
Pelosi moved aggressively recently when questions were raised about financial dealings of Rep. Alan Mollohan (news, bio, voting record). The West Virginian quickly announced that he was voluntarily stepping aside as the senior Democrat on the ethics committee.
Whatever Jefferson's fate, the weekend raid stirred bipartisan expressions of concern.
Attorney General Alberto Gonzales tried to strike a conciliatory tone, saying, "We have a great deal of respect for the Congress as a coequal branch of government."
But he also defended the search: "We have an obligation to the American people to pursue the evidence where it exists."
Justice Department officials said the decision to search Jefferson's office was made in part because he refused to comply with a subpoena for documents last summer. Jefferson reported the subpoena to the House on Sept. 15, 2005.
BUMP
HASTERT! YOU ARE FIRED!...........READ THE CONSTITUTION! YOU ALL ARE NOT IMMUNE FROM LAWS THAT WE HAVE TO ABIDE!.........
Replace "Hastert" with "Gore" and you might have a headline from Clinton-era coverups.
What the hell is wrong with the republican party?
Hey.. we're CONGRESSMEN. We don't have to obey the laws we make.
SCOTUS here we come.
I say we send this thread to Danny Hastert who has clearly lost his mind.
Is the real question.
Hastert doesn't have a clue how many people he's p*ssing off with his elite nonsense.
Like jpl said on another thread: "This is just staggering. You know the general climate of corruption is really bad when they actually have to stoop to citing "separation of powers".
Who the heck else is supposed to investigate criminality within the legislative branch, the legislature itself?"
Telling all Americans that the Imperial Congress, regardless of party, is not subject to the law, and is immune to any sort of investigation, prosecution, etc.
Just what they need heading into an election!
We DESPERATELY need to restore the balance of powers between the 3 branches here. Since Watergate the SC and Congress have been simply running amok.
I give the Administration high marks for having Kahones on this one. After ABSCAM I thought the Congress had forever neutered the FBI from looking into their dirt.
Was there not a judge-signed search warrant? Surely there was.
Can a congressman kill his wife and hide her body in his congressional office? Hide drugs in there?
Of course not.
Nor any other crime.
I don't remember seeing Congressional immunity in the Constitution.
The whole idea flies in the face of the Contract With America, which states the Congress was to live by the same laws as the nation.
They always hang together to preserve their privilege.
Tianamen Square Republicans: Working hard to get out in front of every steamroller issue.
As far as I have seen, Hastert has not even attempted to back up his assertions with a detailed explanation of why he is claiming that the search was unconstitutional. Probably because he can not find any support for those assertions. Merely claiming that it is "for the sake of the Constitution" is a typical Democrat ploy with no substance behind it. Quit the bloviating, Hastert, and either make a cogent case or get back to the nation's real business...
Since when are our senators and congressmen immune to the law? Search warrents work for them as well as anyone. I guess they think they have the right to hide any illegal activity in their offices and they are safe from detection! I want to know why the republicans are standing behind this BS. What is Hastert hiding?
I think it's time for a congressional purge.
If the former is true,then one can see why an FBI raid might have been unnecessary.But if the latter is true,WHERE'S THE PROBLEM????
I am really concerned that these guys truely believe they are not subject to the laws of this country. Even the ones we consider (for the most part) the good guys.
susie
Hastert is clearly committing political suicide. My only question re the raid is "What took them so long?" He refused to comly with a subpoena issued last summer, and they're just now getting around to going in and fetching the stuff? What's the chance that the incriminating evidence was still there at the time of the raid?
Actually, I have another question. What's Hastert up to, that makes him so afraid of well-justified evidence-collecting raids by the FBI? I think the feebies should check HIS freezer pronto!
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