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Locked on 05/24/2006 10:41:17 AM PDT by Admin Moderator, reason:
Already posted and still going http://www.freerepublic.com/focus/f-news/1637208/posts |
Posted on 05/24/2006 10:26:51 AM PDT by nickcarraway
House Speaker Dennis Hastert (R-Ill.) told President Bush yesterday that he is concerned the Federal Bureau of Investigation’s (FBI) raid on Rep. William Jefferson’s (D-La.) congressional office over the weekend was a direct violation of the Constitution.
Hastert raised concerns that the FBI’s unannounced seizure of congressional documents during a raid of Jefferson’s Rayburn office Saturday night violated the separation of powers between the two branches of government as they are defined by the Constitution.
“The Speaker spoke candidly with the president about the Federal Bureau of Investigation’s raid over the weekend,” Hastert spokesman Ron Bonjean said yesterday in confirming his boss’s remarks.
Hastert told reporters yesterday that he understands the reasons for the investigation but objected to the manner in which the raid was conducted.
“My opinion is they took the wrong path,” Hastert said. “They need to back up, and we need to go from there.”
Republican objections are independent of any facts in the corruption probe against Jefferson. Their complaints pertain solely to constitutional questions about the raid itself.
The issue is not clear-cut for both parties. Republicans have repeatedly cited the Jefferson probe as an example of Democratic malfeasance in the face of charges about their own “culture of corruption.” On the Democratic side of the aisle, the investigation itself undermines the effectiveness of their efforts to tar Republicans with the corruption issue.
Jefferson is being investigated to see if he influenced legislation in exchange for a number of elaborate, illegal payment schemes, including a single cash payment of $100,000, most of which was discovered in his freezer during a later raid of his home.
Calling the Saturday-night raid an “invasion of the legislative branch,” House Majority Leader John Boehner (R-Ohio) predicted the case would eventually be resolved in the Supreme Court and hinted that Congress would take further action. The majority leader said Hastert would take the lead on the issue because he is the chief constitutional officer in the House.
“I am sure there will be a lot more said about this,” Boehner said.
The Jefferson raid is the most recent flare-up between Congress and the White House. In a statement distributed Monday night, Hastert made it clear that he was not given a heads-up about the FBI’s raid on Jefferson’s office.
In the Speaker’s lengthy statement, Hastert complained that the seizure of legislative papers, no matter how innocuous, was a violation of the “the principles of Separation of Powers, the independence of the Legislative Branch, and the protections afforded by the Speech and Debate clause of the Constitution.”
Hastert also singled out Attorney General Alberto Gonzales in that statement: “It would appear that the Attorney General himself was aware that Separation of Powers concerns existed … because in seeking the warrant the FBI suggested to the judge procedures it would follow to deal with Constitutionally protected materials.”
During a news conference with reporters, Gonzales defended the FBI raid but said he and leaders on the Hill are involved in private discussions about “what can be done to alleviate” lawmakers’ concerns.
“I obviously — personally, and the Department collectively — we have a great deal of respect for the Congress as a coequal branch of government, as a separate and independent branch of government, and [we’re] obviously sensitive to their concerns,” he said.
He noted that discussion to try to address lawmakers’ concerns began Monday evening and continued yesterday.
“We respectfully, of course, disagree with the characterization by some,” Gonzales said. “We believe … we have been very careful, very thorough in our pursuit of criminal wrongdoing, and that’s what’s going on here. We have an obligation to the American people to pursue the evidence where it exists.”
Congress has both investigative and budgetary oversight of the executive branch, but there was no word as of press time about oversight hearings into the raid or its constitutionality.
Democrats were supportive of Hastert’s criticism and appear to support the Speaker in pursuing further action.
“No member of Congress is above the law,” House Minority Whip Steny Hoyer (D-Md.) told reporters yesterday. “I am concerned about the unprecedented exercising of authority over a separate branch of government and the execution of a search warrant without any communication with the leadership of this House.”
Hoyer said he agrees with Hastert’s concerns and was less than defensive of Jefferson.
“The institution has a right to protect itself against the executive branch going into our offices and violating what is the Speech and Debate Clause that essentially says, ‘That’s none of your business, executive branch,’” Hoyer said.
During his own briefing, Boehner joked with reporters that he was withholding his own strong reservations about the raid because of a staff request that he do so.
“I would like to say more, but I have been advised by my advisers that I shouldn’t,” Boehner said.
But after repeated questions, the majority leader expressed his full reservations about the Justice Department’s action.
“When I raise my right hand and swear to uphold the Constitution of the United States, I mean it,” Boehner said, referring to the oath members take at the beginning of each Congress. “[Justice Department employees] take the same oath, so somebody better start reading the Constitution down there.”
Leaders in both parties have said this is the first time in the 219-year history of the United States that the Justice Department has taken these actions.
The republicans will further alienate their base if they try place legislators above the law.
I'm pretty sure the people who wrote the Constitution would never want to create a new, elite class, with super rights....especially since that's what they came here to escape.
The Congressman's office contained evidence of a federal crime. It is not exempt, not under the Constitution or any other law. They just want to be above the law. I wish Hastert would think before he speaks. Byron York on NR has the last word on this; it is definitive.
This comes across as a blatant attempt to shield congress from the laws of which we must live by.
Unbelievable.
So it is the position of the Senate and Congress from many accounts that the Executive (law enforcement) and Judiciary (courts who issue warrants based on some probable cause) have no right to check their power? And, that they should have been given a warning????
Too much.
Didn't we just pound on this here: http://www.freerepublic.com/focus/f-news/1637503/posts
Guess it's OK, though -- that thread has been pushed off the main news topics page, and this issue certainly needs more exposure...
Does he realize that he has to run for re-election every two years?
When I'm elected to Congress, I'm going to install a freezer in my office and have all my bribes delived to the office.
What is it about our reps on the right that make them want to please their enemies?
Hastert is going to push a lot of Republicans back into Bush's corner with his belief that his elite club is beyond the reach of the law.
Okay Dennis, why are the rest of us subject to FBI searches should there be probable cause we violated federal law and you Congress people are above it? Why don't you worry about cutting budgets, deficits and pork spending and let the FBI do its job. By the way, stop helping the Democrats by diverting attention from one of their Congressjerk's crimes. I guarantee you if this was a Republican's office that had been searched, Haglosi would have been all for it.
"This comes across as a blatant attempt to shield congress from the laws of which we must live by."
That's because it IS "a blatant attempt to shield congress from the laws of which we must live by."
What's his position on using the National Guard to escort the congressman to his home to retreive ill gotten gains after Hurricane Katrina?
I wish I could remember where I read/heard it, but it is my understanding that congressmen have protection from arrest when in the capitol -- which from a legal standpoint may extend to their official DC offices.
For some reason, many who are elected into the legislature believe they are now royalty and not be subject to the same laws and processes as the rest of us. This "privilege" crap has got to go. I have to wonder what Hastert is worried about. Should they check his freezer?
Nothing like fiddling while the city burns down around you.
So Congress is above the law? Don't think so.
Bingo!
Hastert is not a conservative and a terrible Speaker.
Have fun handing over that gavel to Speaker Pelosi next January, Denny!
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