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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: kenth
If he was merely worried about procedure, he could have brought that question up without the demands.

I agree, Hastert could not have chosen a worse method. He went completly over the top and he hurt his party doing it. However; this has been brewing for a long time. Hastert was outraged about the Porter Goss firing. He really felt betrayed by the WH over that. I am still scratching my head over that one too. I also think that he feels that he has gone the extra mile in defending GW over what many consider executive over reaches such as the NSA and other executive order type scenarios not to mention the poisonous athmoshere in the House over immigration. This raid just seems to be the little spark that set off the barrel of gasoline that was already there.

81 posted on 05/27/2006 10:47:13 PM PDT by Texasforever (I have neither been there nor done that.)
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To: Texasforever

The problem would be finding saints who could tolerate being libeled and/or slandered by the opposition during the campaign and if elected, be able to function in DC without going stark raving mad. IMO many who run for office gladly suffer the slings and arrows for a shot at the opportunities for gain provided by lobbyists and the prospect of eventually slurping the great mammary. (federal legislators pension)


82 posted on 05/27/2006 10:48:19 PM PDT by common tater (30 seconds......do I cut the red wire or the blue one? tick tick tick)
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To: common tater

Yup.


83 posted on 05/27/2006 10:49:38 PM PDT by Texasforever (I have neither been there nor done that.)
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To: common tater

I think the only requirement to be an effective politician is to have no sense of shame. As J.R. Ewing said "once you get past honesty and ethics the rest is a piece of cake".


84 posted on 05/27/2006 10:51:40 PM PDT by Texasforever (I have neither been there nor done that.)
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To: Texasforever
"Oh BS. What you want is political affirmative action. If your guy hasn't got the juice to slug it out and win against the odds he sure as hell is not the right guy to take down an incumbent. Stop whining."

This post is a perfect example of why not to belong to the Republican party. Power hungry hacks who couldn't care less about the Country only that "their" boy
gets power. Good luck in November.

And BTW, I have never seen so much whining as from the party hacks on this forum.

You just have to vote Republican! Whaaa
If you don't Hillary will be President! Whaaaa
If you vote your conscience me and my buddies will lose power! Whaaaa
Enough.
85 posted on 05/27/2006 10:53:11 PM PDT by Prokopton
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To: FairOpinion
Wow...your thread looks a lot like this one from much earlier in the day. I guess that ol'SEARCH feature wasn't responding to your inquiry!?!
86 posted on 05/27/2006 10:53:19 PM PDT by harpu ( "...it's better to be hated for who you are than loved for someone you're not!")
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To: FairOpinion

U.S. Congressman Jefferson Collects Bribe

Rep. William Jefferson (D-La.) was caught on videotape accepting $100,000 in $100 bills from an FBI informant whose conversations with the lawmaker also were recorded. The bribe money was found hidden in his freezer. The plan was for the lawmaker to use the cash to bribe a high-ranking Nigerian official.

Jefferson denied he intended to go through with anything illegal. "I knew I was being videotaped," said Jefferson. "I thought I was in a movie where I play the part of a corrupt politician. The money was my fee for the role. Congressmen have it tough. Our salaries are low. We need to supplement our income from outside sources." (Senators and Representatives receive salaries of $162,100 per year.)

On the tape, Jefferson chuckles about writing in code to keep secret what the government contends was his corrupt role. As Jefferson and the informant passed notes about what percentage the lawmaker might receive, the congressman laughed and said, "All these damn notes we're writing to each other as if the FBI is watching." Later, Jefferson is shown putting the cash into his Lincoln Town Car.

One of Jefferson's associates has pleaded guilty to bribery-related charges. Vernon Jackson of Louisville, Ky., admitted paying more than $400,000 in bribes to the lawmaker in exchange for his help securing business deals for Jackson's telecommunications company.

U.S. Democrat and Republican leaders expressed outrage over a weekend FBI raid on the office of a U.S. House of Representatives member from Louisiana. "Our offices ought to be inviolable," said one senator who asked to remain anonymous. "Immunity from law enforcement is essential if we are to carry out important governmental type activities."

Bribery may not be the only "governmental type" activity taking place in the sacred halls of congress. Rumors of fornication and unauthorized disclosure of confidential information have also been making the rounds.

read more satire at...

http://www.azconservative.org/Semmens1.htm


87 posted on 05/27/2006 10:54:37 PM PDT by John Semmens
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To: claudiustg

"So far we have McKinney; no charges.
Patrick Kennedy on R&R in Minnesota.
Jefferson under executive protection for 45 days.

Just peachy."

How about Sandy the Burglar. I bet there are some prosecutors who are also pissed off about this travesty of justice.
Then there's the CIA traitors and the...
The beat goes on.


88 posted on 05/27/2006 11:05:07 PM PDT by Prokopton
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To: Texasforever

"I think the only requirement to be an effective politician is to have no sense of shame. "


Bill Clinton and Teddy Kennedy are prime examples of this.


89 posted on 05/27/2006 11:16:19 PM PDT by FairOpinion (Dem Foreign Policy: SURRENDER to our enemies. Real conservatives don't help Dems get elected.)
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To: harpu

I searched on the title -- apparently WSJ ran the article with one title, than changed it somewhat when they put it onto their OpinionJournal site.

All I can do is search on title, I can't read all articles the past three days to make sure it hasn't already been posted.


90 posted on 05/27/2006 11:17:30 PM PDT by FairOpinion (Dem Foreign Policy: SURRENDER to our enemies. Real conservatives don't help Dems get elected.)
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To: Vn_survivor_67-68

More info on that:

Threats Led Bush to Intervene in FBI Fight

http://www.freerepublic.com/focus/f-news/1639497/posts

"The constitutional showdown that followed the FBI's search of a congressman's office came down to this: The House threatened budgetary retaliation against the Justice Department. Justice officials raised the prospect of resigning.

That scenario, as described Saturday by a senior administration official, set the stage for President Bush's intervention into the fight over the FBI's search of the office of Rep. William Jefferson, D-La., an eight-term lawmaker being investigated on bribery allegations."


===

Shame on Congress!!!!!!!


91 posted on 05/27/2006 11:22:05 PM PDT by FairOpinion (Dem Foreign Policy: SURRENDER to our enemies. Real conservatives don't help Dems get elected.)
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To: Candor7

You obviously heard Rush's talk on Friday (or read it on his website). I read it. Pretty convincing, isn't it? I recommend it to all.


92 posted on 05/27/2006 11:29:37 PM PDT by unfortunately a bluestater
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To: ClancyJ

"Well, with more turnover, we would get the ones wanting to serve the country and lose the ones getting in to collect corruption funds. "

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.

Legislatures, by their nature, are corrupt bodies. If anything I am happy to see some congressmen doing time or being about to do time.


93 posted on 05/27/2006 11:29:40 PM PDT by WoofDog123
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To: Prokopton

Better candidates are often destroyed by the party whose "club" members might be threatened.




truth bump


94 posted on 05/27/2006 11:37:17 PM PDT by teldon30 (Far right, elitist, sexist, cynical religious bigot and looter)
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Comment #95 Removed by Moderator

Comment #96 Removed by Moderator

To: Texasforever
No I have faith in my ability to keep from throwing tantrums when a politician doesn't meet all of my expectations.

Sounds good to me. Let's leave the tantrums to Denny Hastert.

97 posted on 05/28/2006 12:22:36 AM PDT by Tolerance Sucks Rocks (One flag--American. One language--English. One allegiance--to America!)
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To: FairOpinion

Hastert is afraid of a Democrat executive branch searching the files of minority Republicans in a future Democrat-controlled House.


98 posted on 05/28/2006 1:09:09 AM PDT by Otho
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To: Texasforever

I wouldn't say all is lost. Maybe term limits would be the best protection. Send them home while they're still saints.


99 posted on 05/28/2006 4:54:21 AM PDT by Sender (Error 404: Tagline Server Not Found)
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To: CrawDaddyCA

I also think an honest person doesn't stand a fair chance to be elected in the first place. You have to promise folks the moon and slime the other guy.


100 posted on 05/28/2006 4:56:25 AM PDT by Sender (Error 404: Tagline Server Not Found)
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