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To: Congressman Billybob; El Gato
Thanks for the replies. I was mistaken about his counsel being there when she requested to enter.
From Jefferson's memorandum, his lawyer wasn't actually there when she asked to observe the search. She telephoned and the agents told her she wouldn't be allowed. She then telephoned the lead prosecutor on the case too and he refused to instruct the agents to grant her access.
So, she might have been asking them to wait. Stalling in other words.

Jefferson's pleas and the search warrant application are here BTW: http://www.scotusblog.com/movabletype/archives/2006/05/the_hill_search.html

"FBI agents barred both the House general counsel and the Sergeant at Arms from the rooms it was searching. "
http://www.chinapost.com.tw/editorial/detail.asp?ID=82968&GRP=i

Lawyers tend to see this strictly legally (of course!): that as long as the privileged records aren't used in court it's OK to look at them if you have a warrant.

But the Debate Clause is different from any other legal "privilege" ( none of the others are in the Constitution) and has a very different purpose than the others.
I think you'll find that slightly stricter protocols such as I laid out in post 251 will come of this, and it will be a good thing.

328 posted on 05/28/2006 4:33:06 PM PDT by mrsmith
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To: mrsmith
I think you'll find that slightly stricter protocols such as I laid out in post 251 will come of this, and it will be a good thing.

Thanks for the link. I think you are correct about the eventual outcome. Along with Congressman Jefferson spending some much deserved quality time at Club Fed of course. Hopefully along with a bunch of other involved Congress Critters, staffers, "lobbyists" etc. For I doubt very much this was a solo affair.

332 posted on 05/28/2006 4:57:54 PM PDT by El Gato
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