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Congress Not Above the Law
The Loft ^ | July 24, 2006 | Bobby Eberle

Posted on 07/24/2006 7:50:53 AM PDT by yoe

Following the raid by FBI officials on the Capitol Hill office of Rep. William Jefferson (D-LA), there was immediate reaction by legislators. Did they express shock at what Rep. Jefferson was accused of doing? Did they make strong public statements denouncing corruption and promoting ethical policies and practices? No. Instead, congressional leaders criticized the FBI for coming on their “turf” and enforcing the laws of the land. It seems that members of Congress were more offended that the FBI would investigate one of their own than by the alleged actions of a wayward congressman. Is there something wrong with this picture?

Back in May, under warrant, FBI officials searched the office of Rep. Jefferson. It turns out that Jefferson was the subject of a 14-month investigation in which he was suspected of “accepting bribes for promoting business ventures in Africa.” According to the Washington Post, the FBI has video-taped evidence of Jefferson “taking $100,000 in bribe money.” In addition, in a further search, the FBI “found $90,000 of that cash stuffed inside his apartment freezer.”

One of the first points made from congressional leaders following the raid was to question the constitutionality of the raid itself. Claiming a breach of “separation of powers,” House Speaker Dennis Hastert along with House Minority Leader Nancy Pelosi (D-CA) issued a statement on May 24, saying the Justice Department was “wrong to seize records from Congressman Jefferson’s office.”

“Accordingly, the Justice Department must immediately return the papers it unconstitutionally seized. Once that is done, Congressman Jefferson can and should fully cooperate with the Justice Department’s efforts, consistent with his constitutional rights.

“In addition, the Justice Department must immediately cease any further review of the documents it unconstitutionally seized, ensure that those who have reviewed the documents do not divulge their contents to the investigators, and move in Court to vitiate the search warrant.”

Earlier this month, Chief U.S. District Judge Thomas F. Hogan rejected the requests of lawmakers to “return material seized by the FBI in a May 20-21 search of Jefferson’s office.” According to a FOX News story, “In a 28-page opinion, Hogan dismissed arguments by Jefferson and a bipartisan group of House leaders that the raid violated the Constitution’s protections against intimidation of elected officials.”

Hogan acknowledged the “unprecedented” nature of the case. But he said the lawmakers’ “sweeping” theory of legislative privilege “would have the effect of converting every congressional office into a taxpayer-subsidized sanctuary for crime.”

A member of Congress is bound by the same laws as ordinary citizens, said the judge, who had approved the FBI’s request to conduct the overnight search of Jefferson’s office.

Now, it appears that the battle between Congress and the Justice Department is still alive. On Sunday, Speaker Hastert said that there “has to be a procedure for the Justice Department to come in and start just searching any congressman’s office.” According to FOX News, “Hastert said he believed Rep. William Jefferson, D-La., was “in big trouble” and that the House would not be joining in support of Jefferson himself. But he said the House separately might seek to make clear its position that the Justice Department cannot randomly and wantonly search lawmakers’ offices.”

Yes, the separation of powers is a critical measure spelled out in the Constitution. Each branch of government has its own function and set of checks and balances. However, the laws of the land govern everyone, and no one, not even members of Congress are above the law. It is the FBI’s job to investigate wrong-doing and that’s exactly what they did. The Congress should certainly exercise oversight into the conduct and actions of its members, but law enforcement activities belong to a law enforcement agency such as the FBI. There may be some bruised egos here, but those will heal, and the FBI should be allowed to do its job.


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Extended News; Front Page News; Government; War on Terror
KEYWORDS: congress; corruption; democrat; govwatch; louisana; williamjefforson
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On Sunday, Speaker Hastert said that there “has to be a procedure for the Justice Department to come in and start just searching any congressman’s office.” According to FOX News, “Hastert said he believed Rep. William Jefferson, D-La., was “in big trouble” and that the House would not be joining in support of Jefferson himself. But he said the House separately might seek to make clear its position that the Justice Department cannot randomly and wantonly search lawmakers’ offices.”

Contact the speaker today:

Phone: 202-225-2976
Fax: 202-225-0697

No one is above the law! Not even Congress! William Jefferson is NOT above the law - his office was not randomly and wantonly searched - there was clear evidence Jefferson had committed crimes.

1 posted on 07/24/2006 7:50:54 AM PDT by yoe
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To: yoe

Nobody just came in and started searching anyone's office. Jefferson had been ignoring subpoenas for these documents for months.


2 posted on 07/24/2006 7:57:39 AM PDT by Malone LaVeigh
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To: yoe

Hastert said that there “has to be a procedure for the Justice Department to come in and start just searching any congressman’s office.”

Good news, Mr. Speaker! I think that the procedure, called "obtaining a warrant", already exists and was used in this case.


3 posted on 07/24/2006 7:58:18 AM PDT by hauerf
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To: yoe; All

Contact the Speaker about Cynthia McKinney getting away with assaulting a Capitol Police Officer while you're at it. ;)


4 posted on 07/24/2006 7:59:42 AM PDT by Diana in Wisconsin (Save The Earth. It's The Only Planet With Chocolate.)
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To: yoe

Congress above the law??? Ask Gary Condit.


5 posted on 07/24/2006 8:04:44 AM PDT by Paloma_55 (I may be a hateful bigot, but I still love you)
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To: yoe

So, Speaker Hastert, video taped evidence of a $100,000 bribe and confiscation of $90,000 in the good Congressman's freezer is equivalant to "random and wanton" searches?

If people as stupid as Denny Hastert are capable of being elevated to Speaker of the House of Representatives of the United States, then I fear that the Republic is finished.


6 posted on 07/24/2006 8:10:19 AM PDT by Bryan24 (When in doubt, move to the right....)
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To: yoe

While in DC last week, I witnessed many future politicians in training.

There were street signs at intersections with palm signals and bright "DON'T WALK" letters lit below being thoroughly ignored.


7 posted on 07/24/2006 8:17:44 AM PDT by azhenfud (He who always is looking up seldom finds others' lost change.)
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To: Bryan24

The Republic isn't finished. It is just that the mantra Don't do as I do but do as I say exists in Congress. Add a little pork, some potential pay-offs (Big Dig in Boston, perhaps) etc. and you begin to understand it is us against them. The solution is to vote the demagogues out of office. As for Hastert's statement, it is a farce to say the least. You are seeing the usurping of power at it's finest. The net will be these fools will waste our tax dollars coming up with a bill to protect them from legal searches and possible prosecution. This is a joke and the grandstanding is outrageous.


8 posted on 07/24/2006 8:17:59 AM PDT by tuvals (America First - Support Our Troops!)
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To: yoe
Congress Not Above the Law

Tell that to Cynthia McKinney's assault victim.

9 posted on 07/24/2006 8:24:32 AM PDT by Centurion2000 (You can't qualify war in harsher terms than I will. War is cruelty, and you cannot refine it-Sherman)
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To: yoe


You can't do this to them - they have freedom of the press....

Oh wait...


10 posted on 07/24/2006 8:30:28 AM PDT by Tzimisce (How Would Mohammed Vote? Hillary for President! www.dndorks.com)
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To: yoe
Can the House Speaker and House Minority Leader get an
indictment for the obstruction of justice? I mean, it seems pretty clearcut, the FBI investigated, got a warrant, and then did their search and seizure all according to the correct, legal & constitutional procedures... and now they're upset. Why?

Doesn't anyone remember that saying about peace abounding when justice flourishes?
11 posted on 07/24/2006 8:31:50 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with your God.)
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To: yoe
Claiming a breach of "separation of powers," House Speaker Dennis Hastert along with House Minority Democratic Leader Nancy Pelosi (D-CA)..."

Sorry for the modification. Just following the latest instructions on the DNC talking points memo. To wit:

Effective immediately, Nancy Pelosi is no longer to be referred to as the "Minority" Leader. Rather, she is to be referred to as the Democratic Leader.

In the Senate, Harry Reid should be referred to as the "Democratic Leader."

</sarcasm>

12 posted on 07/24/2006 8:33:47 AM PDT by upchuck (Be kinder than necessary, for everyone you meet is fighting some kind of battle.)
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To: Bryan24
Hastert is part of the problem. With longevity comes colossal arrogance.
13 posted on 07/24/2006 8:34:49 AM PDT by Eric in the Ozarks (BTUs are my Beat.)
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To: tuvals
"It is just that the mantra Don't do as I do but do as I say exists in Congress." Yep, I'm familiar with that attitude personally, and it really grated against my sense of justice... but I really hope Congress gets cleaned out, this is just unacceptable.
14 posted on 07/24/2006 8:35:15 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with your God.)
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To: Centurion2000
"Tell that to Cynthia McKinney's assault victim."

Partly to blame there is the mickey mouse capitol hill "police".

In that situation she should have been arrested immediately. Any other police dept would have at least done that. Thats pretty much SOP to arrest if an assault is made on a police officer.

And then the capitol police kick it to a grand jury because they are too mamby-pamby to deal with it. I knew it wasn't going anywhere after that. A DC grand jury would be made up of types that re-elected Marion Barry after he got out of jail.

And to drive Patches home when he should have been locked up was the icing on the cake. The Capitol hill police have been smoking crack with the D.C. Mayor or something, but they haven't been acting like a real police dept. thats for sure.

15 posted on 07/24/2006 8:39:10 AM PDT by libs_kma (USA: The land of the Free....Because of the Brave!)
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To: yoe

Hastert won't respond to anyone not from his district. In the aftermath of Hurricane Katrina, I wanted to beat him up over calling for New Orleans not to be rebuilt. I had to make up a fake address in Wheaton, IL.


16 posted on 07/24/2006 8:43:05 AM PDT by CholeraJoe (All Marines can throw a grenade. The really, really good ones can throw a slider with one.)
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To: CholeraJoe

All of the Congress slime and Senators are doing that now.

Emails are useless. they are just deleted anyway.

In fact IMO Congress and the Senate have totally turned off responses by constituents and gone to doing what the party tells them to do. Remember that next election.


17 posted on 07/24/2006 8:53:53 AM PDT by sgtbono2002 (The fourth estate is a fifth column.)
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To: CholeraJoe
To All - please contact the speaker NOW. Here is my fax -done in haste....

Letter to Speaker Hastert VIA FACSIMILE 202-225-0697
To: Rep. Dennis J. Hastert
From:
Re: Rep. William Jefferson
Date: July 24, 2006

Dear Mr. Speaker,

On the question of Rep. William Jefferson’s ‘innocence’ – a whole nation watched as Jefferson’s commandeered truck became stuck and a helicopter rescue was necessary during Katrina. We later learned that Mr. Jefferson was retrieving some cash hidden in his freezer. We now know his ties to Atiku Abubakar and the ensuing bribes.

“Federal authorities alleged in court filings that Jefferson took hundreds of thousands in illegal payments in exchange for using his congressional position to promote high-tech business ventures in Africa.”

Your remarks yesterday on Fox that “the Justice Department cannot randomly and wantonly search lawmakers’ offices.” It is the FBI’s job to investigate all crime and that is exactly what they did with a warrant. There is no grey area here, Rep. William Jefferson clearly broke the law and must answer for his crimes like any other American Citizen. The “alleged” crimes are real crimes and protecting ‘one of your own’ is not going to sit well with the voting public – we can read and we can research the truth.

I urge you to do your duty and fire this man, a crook, out of Congress.

Sincerely,

18 posted on 07/24/2006 8:55:07 AM PDT by yoe
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To: sgtbono2002

When I lived in Montana, Max Baucus used to respond personally to email if you lived in Montana. Then I beat him up over not confirming an appelate judge and he stopped responding to me.


19 posted on 07/24/2006 9:01:29 AM PDT by CholeraJoe (All Marines can throw a grenade. The really, really good ones can throw a slider with one.)
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To: yoe

What an idiot Hastart has become.

Small wonder the Repubs are in danger of losing this next election.


20 posted on 07/24/2006 9:12:06 AM PDT by OldArmy52 (China & India: Doing jobs Americans don't want to do (manuf., engineering, accounting, etc))
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