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Congress Isn't Above the Law. And bribery isn't "speech or debate."
WSJ ^ | May 28, 2006 | ROBERT F. TURNER

Posted on 05/27/2006 9:10:24 PM PDT by FairOpinion

How strong is the case against Louisiana's Rep. William Jefferson?

According to numerous press accounts, after videotaping Mr. Jefferson receiving a $100,000 bribe from an FBI informant, the government executed a search warrant of his home and found $90,000 of that money hidden in his freezer. In another case, a Kentucky businessman pleaded guilty to paying Mr. Jefferson $400,000 in bribes for official favors.

Based upon such compelling evidence and Mr. Jefferson's refusal to comply with a subpoena to surrender key documents for eight months, a federal judge issued the search warrant that was executed in the congressman's Capitol Hill office last weekend. The FBI took exceptional measures to ensure that no privileged documents would be surrendered to investigators, with any close calls being made by a federal judge.

The "Speech or Debate" clause is contained in Article I, Section 6, which provides that members of Congress "shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses... etc."

But as the Supreme Court observed in the 1972 case of U.S. v. Brewster, the clause was never intended to immunize corrupt legislators who violate felony bribery statutes--laws that have expressly applied to members of Congress for more than 150 years. In Brewster, the court noted the clause was not written "to make Members of Congress super-citizens, immune from criminal responsibility," adding: "Taking a bribe is, obviously, no part of the legislative process or function; it is not a legislative act. It is not, by any conceivable interpretation, an act performed as a part of or even incidental to the role of a legislator."

Such behavior is therefore not protected by the Constitution.

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


TOPICS: Crime/Corruption; Editorial; Government; News/Current Events; Politics/Elections; US: Louisiana
KEYWORDS: 109th; abuseofpower; abuseofspeechdebate; congress; corruption; govwatch; jefferson; williamjefferson
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To: BigSkyFreeper

Yes power corrupts. Luxury corrupts. Politicians want to stay in office at any cost.


101 posted on 05/28/2006 4:57:37 AM PDT by Sender (Error 404: Tagline Server Not Found)
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To: FairOpinion

So why did 43 stick his oar in...?


102 posted on 05/28/2006 4:58:41 AM PDT by mewzilla (Property must be secured or liberty cannot exist. John Adams)
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To: pepsionice
I agree.
It seems the only truly bipartisan issue these days is the cover-up or non-prosecution of criminal activities by elected leaders.
Sandy Burglar.
McKinney.
Patrick kennedy.
Jefferson.
Simply amazing.
This bullcrap blossomed under clinton and his shrew wife.
Vote R in '06.
I can't say to save the Country, but maybe to lose it less quickly.
Geesh.
103 posted on 05/28/2006 5:29:09 AM PDT by mikeybaby (long time lurker)
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To: pepsionice
ABLE DANGER had the ability to track alot of stuff beyond Ossama and the boys. If it was allowed to continue on and improve...in five years...every major corrupt figure in congress would have been identified.

And minor or supposedly corrupt figures (like Traficant). The easiest way for a Congressmen/staffer to protect himself will be to vote the way the powers to be want him him to vote.

Simple like that.

104 posted on 05/28/2006 5:49:42 AM PDT by A. Pole (Rubicon: the border between Republic and Empire(www.unrv.com/fall-republic/crossing-the-rubicon.php))
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To: FairOpinion
Can you imagine if this were the other way around

Yes.

105 posted on 05/28/2006 5:51:18 AM PDT by A. Pole (Rubicon: the border between Republic and Empire(www.unrv.com/fall-republic/crossing-the-rubicon.php))
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To: FairOpinion
By standing up for this criminal, they are telling the American people.................

Birds of a feather......................

106 posted on 05/28/2006 5:54:04 AM PDT by varon (Allegiance to the constitution, always. Allegiance to a political party, never.)
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To: Extremely Extreme Extremist

I would think they are in no hurry just keep stirring the pot to get as close to the elections as they can.
Democratic culture of corruption.


107 posted on 05/28/2006 5:54:28 AM PDT by Unicorn (Too many wimps around.)
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To: WoofDog123
I would think we would get more blatant corruption as members knew they definitely had a limited amount of time to cash in on their position.

Don't know - but they would be skinny cats - not the fat cats we have now like Kennedy.

108 posted on 05/28/2006 5:55:20 AM PDT by ClancyJ (Involuntary term limits for all our representatives - I want them ALL OUT OF OFFICE.)
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To: FairOpinion

Do we have a list of whom is backing jefferson?


109 posted on 05/28/2006 5:55:53 AM PDT by freeangel ( (free speech is only good until someone else doesn't like what you say))
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To: kenth
The executive branch has a duty to enforce the law. Hastert's point was an attempt to cover up corruption. Being Speaker of the House, he fully understands the protections afforded the legislative branch; protection from felony investigation isn't one of them.

To get into Congress you have to do so many complicated steps, collect so many funds, and do so many favors, that the chance that you can be charged with crime is close to 100% even if you an honest person.

Once executive branch has ability to freely scrutinize Congress with prosecutorial tools, the balance of power is broken. And it does not mean that the executive branch is pure as the snow.

110 posted on 05/28/2006 5:56:46 AM PDT by A. Pole (Rubicon: the border between Republic and Empire(www.unrv.com/fall-republic/crossing-the-rubicon.php))
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To: kenth

You are naive to see it so simple.


111 posted on 05/28/2006 5:58:26 AM PDT by A. Pole (Rubicon: the border between Republic and Empire(www.unrv.com/fall-republic/crossing-the-rubicon.php))
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To: BigSkyFreeper

"Harris has problems of her own, skeletons in the closet as it were..."

I keep seeing these vague references to hidden skeletons. Would you please refer me to more information about this. I'm very very tired of the insinuations and veiled accusations. I'd like to see some background on this. Thanks.


112 posted on 05/28/2006 6:01:20 AM PDT by battletank
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To: CrawDaddyCA

"One would think that Congress would be glad that a corrupt member has been caught red handed and is unmasked."

Funny thing is his constituency will reelect him with 90% of the vote.

Why worry about giving up your seat?

Term Limits


113 posted on 05/28/2006 6:11:41 AM PDT by EQAndyBuzz (Democrats - The reason we need term limits)
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To: A. Pole
Once executive branch has ability to freely scrutinize Congress with prosecutorial tools, the balance of power is broken. And it does not mean that the executive branch is pure as the snow.

Look, the executive branch isn't able to simply go raid legislative offices. It first needs to obtain concurrence from the judicial branch in the form of a search warrant. In this way, there remains a balance of power.

It seems you continue to miss this point.

114 posted on 05/28/2006 6:15:21 AM PDT by NittanyLion
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To: NittanyLion
Look, the executive branch isn't able to simply go raid legislative offices. It first needs to obtain concurrence from the judicial branch in the form of a search warrant. In this way, there remains a balance of power.

How many times in past US history such search took place?

115 posted on 05/28/2006 6:28:43 AM PDT by A. Pole (Rubicon: the border between Republic and Empire(www.unrv.com/fall-republic/crossing-the-rubicon.php))
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To: FairOpinion
You are so correct. Why is it whenever our leaders in Congress unilaterally decide Bush "owes it to Congress" to turn over sensitive materials that affect matters of national security, they whine and moan about "checks and balances" but now when the executive branch wants information from a congressman implicating him in a crime, it's suddenly immunized from scrutiny? I guess a congressman can break any laws he feels like breaking. As long as he's clever enough to hide all of the evidence in his office on Capitol Hill, the prosecutor will never be able to get his hands on the smoking gun. Gee, there's no double standard in forcing the president to "account to" Congress but not vice versa.

For those who don't know, the "speech and debate" clause in Article I, sec. 6 reads, in full, as follows "They [legislators] shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place."

As FairOpinion indicated, that provision says exactly what it sounds like (and case law e.g. United States v. Brewster consistent):

1) legislators, barring treason, felony, or breach of the peace, cannot be arrested while attending a legislative session

2) legislators may not be forced to account for what they said during a speech or debate, and neither their statements during the speech or debate nor the way they voted can be used against them.

Jefferson was not arrested while at a legislative session, nor was he asked to answer for anything he said during a legislative speech or debate. There are not even any allegations that he accepted any bribes on the floor during any speech or debate. The protections in the "Speech and Debate" clause therefore do not come within a country mile of protecting against the FBI's actions here.

I am particularly troubled by the inflammatory characterization of the FBI search as a "raid." The FBI had a warrant. When the executive branch gets a warrant, it necessarily seeks a neutral and detached assessment by the judicial branch that the proposed search is proper and consistent with the law. Of course, Congress can't make the executive branch (and implicitly President Bush) look like a dangerous, imperialistic power unless they ignore details like that. And as long as Congress is in a self-aggrandizing mood, we might as well expect next week's drama to be a legislative enactment overturning Marbury v. Madison and the concept of judicial review.

As for Congress' gripe that this search was "unprecedented," that is the among the most woefully inadequate attempts at a legal rationale I have ever heard. Even if other presidents had an unwritten "gentleman's agreement" to wink and nod at criminal behavior, so long as the evidence remained buried on Capitol Hill, this president has no obligation to follow suit. Nothing in the Constitution indicates that governmental powers are like muscles and "atrophy" from nonuse.

Despite the fact that the legal arguments that the executive branch did anything wrong are on weak legal footing, this is a fact scenario that has not arisen before. We can reasonably expect Jefferson to file a motion to suppress evidence in the event he is charged (I'm not sure if that has happened yet). It also would not be suprising if he started a lawsuit over this search. The forty-five day waiting period will allow the executive branch a reasonable amount of time to see what sort of legal challenges materialize. If the court does find that some of the documents were improperly taken (e.g. if there are copies of floor speeches) the executive branch will be able to tailor any subsequent investigation or prosecution to avoid use of those documents.

If this "wait and see" approach is what President Bush has in mind, then that is a reasonable strategy. By minimizing the risk that any protected documents will be used against Jefferson, the chance of tainted evidence poisoning the entire proceedings diminishes. Obviously, if Jefferson is convicted of wrongdoing, we want that conviction to stand, not to be overturned on a technicality.

116 posted on 05/28/2006 6:33:05 AM PDT by iluvgeorgie (All great men are hated.)
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To: mikeybaby
When was Sandy Berger ever elected to anything?

How much differntly would this story have been handled by the media if Congressman Jefferson had been a white Republican?

117 posted on 05/28/2006 6:33:59 AM PDT by Verginius Rufus
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To: A. Pole
How many times in past US history such search took place?

Irrelevant to the case at hand. Either there is a separation of powers issue, or there isn't. Whether or not precedent exists has no bearing on this situation.

118 posted on 05/28/2006 6:38:56 AM PDT by NittanyLion
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To: NittanyLion
"How many times in past US history such search took place?"

Irrelevant to the case at hand. Either there is a separation of powers issue, or there isn't. Whether or not precedent exists has no bearing on this situation.

It has bearing! If over 200 years of American republic such searches were never or seldom conducted (while there were many cases of more severe corruption) it means that a fundamental change of the political system is happening before our eyes.

119 posted on 05/28/2006 6:46:48 AM PDT by A. Pole (Rubicon: the border between Republic and Empire(www.unrv.com/fall-republic/crossing-the-rubicon.php))
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To: A. Pole

The New Deal was unprecedented too. Do we really want to go there?


120 posted on 05/28/2006 6:49:18 AM PDT by iluvgeorgie (All great men are hated.)
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