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Republicans filing briefs to back Jefferson in court
www.journalnow.com ^ | 04/01/07 | AP

Posted on 04/03/2007 4:40:28 AM PDT by Ellesu

Pelosi and some other Democrats silent in fight against FBI raid:

Rep. William Jefferson, D-La., the target of a two-year public-corruption investigation, is finding himself with strange bedfellows.

Newt Gingrich, R-Ga., a former House speaker; Robert Michel, R-Ill., a former House minority leader; and Scott Palmer, the former chief of staff for Rep. Dennis Hastert, R-Ill., are among those who have filed friend-of-the-court briefs in the U.S. Court of Appeals for the D.C. Circuit, backing Jefferson's argument that the FBI raid on his office last May was unconstitutional.

"These former leaders of the House had concerns about the integrity and independence of the institution, and therefore, they decided to file this joint brief," said attorney James Hamilton, who filed an amicus brief on behalf of Gingrich and Michel, as well as former House speaker Thomas Foley, D-Wash.

Jefferson's Democratic colleagues, most notably House Speaker Nancy Pelosi of California, have been conspicuously quiet as the constitutional fight over the FBI raid continues.

Jefferson has denied wrongdoing and late last year was elected to a ninth term. He overcame a barrage of negative publicity after allegations that he used his official position to promote business ventures in Africa in exchange for hundreds of thousands of dollars in bribes. Court records show that the FBI found $90,000 in his freezer. Two of his business associates are serving prison terms after pleading guilty to bribing him.

Jefferson has not been charged with a crime. On May 20, more than 10 FBI agents raided Jefferson's offices in the Rayburn House Office Building. The raid provoked a constitutional confrontation that led President Bush to step in and order the FBI not to look at any of the documents seized so that the Justice Department and legislators would have more time to negotiate a compromise.

Federal prosecutors filed briefs Friday urging the appeals court to uphold the constitutionality of the search. U.S. District Judge Thomas Hogan ruled in July that the FBI had "demonstrated a compelling need to conduct the search," and the appeals court will hear oral arguments May 15 on the matter.

In the initial days after last year's raid, Pelosi and then-Speaker Hastert expressed anger over the raid and argued that members' legislative records were protected from seizure by law enforcement under the "speech or debate" clause of the Constitution.

Polls later showed that the public was overwhelmingly critical of Congress for opposing the FBI search, dismissing legislators' arguments about separation of powers.

Pelosi decided not to file briefs at the appeals court after House Republicans refused to join her.

Nadeam Elshami, the speaker's spokeswoman, said that Pelosi still believes that "there must be clear guidelines that allow criminal investigations to proceed while also assuring that Constitutional guarantees of separation of powers are maintained."

But, Elshami said, "the bipartisan House leadership did not reach agreement on specifics of an appeal in this case."

Brian Kennedy, the spokesman for House Minority Leader John Boehner, R-Ohio, said, "We declined to sign the brief for a host of reasons." He would not elaborate.

Robert Trout, Jefferson's attorney, said he welcomed the briefs that have been offered on his client's behalf.

"Members of Congress, whether they're liberal or conservative, Democrat or Republican, understand the importance of this issue in the proper functioning of Congress as a separate, co-equal branch of government," he said.

The legal battle over the raid has slowed the investigation. The appeals court ruled last July that the FBI could not start reviewing seized documents until Jefferson had a chance to challenge them. Jefferson has chosen not to challenge about half of the seized paper records and about 60 percent of the electronic records, according to court documents, and most of the unchallenged records have been turned over to the FBI.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government
KEYWORDS: freezer; newtgingrich; williamjefferson
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1 posted on 04/03/2007 4:40:28 AM PDT by Ellesu
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To: Ellesu

FINALLY!!!!!


2 posted on 04/03/2007 4:43:20 AM PDT by Coldwater Creek (President Fred Thompson will finally give the University of Memphis the respect that it is due!)
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To: mariabush

huh?

Newt Gingrich, R-Ga., a former House speaker; Robert Michel, R-Ill., a former House minority leader; and Scott Palmer, the former chief of staff for Rep. Dennis Hastert, R-Ill., are among those who have filed friend-of-the-court briefs in the U.S. Court of Appeals for the D.C. Circuit, backing Jefferson’s argument that the FBI raid on his office last May was unconstitutional.


3 posted on 04/03/2007 4:45:55 AM PDT by Ellesu
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To: Ellesu

He’s Black. How could he have possibly done anything wrong. <>


4 posted on 04/03/2007 4:47:59 AM PDT by blam
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To: Ellesu
backing Jefferson’s argument that the FBI raid on his office last May was unconstitutional

And, the taking of bribe money IS constitutional?

5 posted on 04/03/2007 4:48:52 AM PDT by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it)
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To: Ellesu

I am just commenting on the fact that at last there is SOME ACTION on this issue. If the current bunch won’t do it, then then-———


6 posted on 04/03/2007 4:49:26 AM PDT by Coldwater Creek (President Fred Thompson will finally give the University of Memphis the respect that it is due!)
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To: Ellesu

Newt, Hillary’s new best friend, is defending the indefensible.

It’s so interesting to watch Congress behave as though they are above the very laws they write.

Cynthia McKinney can hit a policeman and nothing happens to her.

Patrick Kennedy can drive while under the influence and nothing happens to him.

Jefferson can be caught red handed using the National Guard for personal purposes and stealing $90,000 and we have a staunch conservative supporting him and condemning the search of Jefferson’s office which is a ridiculous position on its face.


7 posted on 04/03/2007 4:49:43 AM PDT by Peach (The Clintons' pardoned more terrorists than they captured or killed.)
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To: Puppage
backing Jefferson’s argument that the FBI raid on his office last May was unconstitutional

And, the taking of bribe money IS constitutional?

===========

See reply #4.

8 posted on 04/03/2007 4:50:18 AM PDT by yankeedame ("Oh, I can take it but I'd much rather dish it out.")
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To: Ellesu

Sorry, Am I brain dead this morning or what! Just goes to show ya that our eyes see what we want them to.

Maria


9 posted on 04/03/2007 4:52:19 AM PDT by Coldwater Creek (President Fred Thompson will finally give the University of Memphis the respect that it is due!)
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To: Ellesu
They're all scared to death that it could happen to them, and Lord only knows what would be found.

Carolyn

10 posted on 04/03/2007 4:53:03 AM PDT by CDHart ("It's too late to work within the system and too early to shoot the b@#$%^&s."--Claire Wolfe)
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To: Ellesu
Deflection at its best!

The issue of his office being searched has no bearing on the fact that two people are serving prison time for bribing him and that 90grand in cash was in his freezer.

Issue a non apology statement about raiding his office in the morning, convict him in the afternoon and lock his ass up by sundown.

11 posted on 04/03/2007 4:54:24 AM PDT by Kakaze (Exterminate Islamofacism and apologize for nothing.....except not doing it sooner!)
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To: Ellesu

The government’s case is essentially that, given a warrant signed by a lower court judge (who may have just had a decision overturned), any Supreme Court Justice’s chambers may be searched by the FBI without further ado. This may prove to be a surprisingly hard sell at the USSC.


12 posted on 04/03/2007 4:55:02 AM PDT by Grut
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To: Ellesu

Unbelieveable! Newt can say goodbye to any hope of being on the GOP ticket. What a loser.


13 posted on 04/03/2007 4:56:38 AM PDT by BnBlFlag (Deo Vindice/Semper Fidelis "Ya gotta saddle up your boys; Ya gotta draw a hard line")
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To: Ellesu

If I understand this position I can run a criminal enterprise out of a congressional office and not be touched by the law. What a deal, I am going to run for the House.


14 posted on 04/03/2007 4:57:14 AM PDT by engrpat
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To: Ellesu

They are all so worried about the power and rights of the legislature. Although they all want to be president, none of them worries about the ever diminishing power of the executive branch. Lincoln, Wilson, Roosevelt...all these “wartime” presidents could never have won any wars at all were they handed our current exuctive branch which has been left impotent in the face of the ever-growing power of the legislature and the judiciary.


15 posted on 04/03/2007 4:58:53 AM PDT by rhombus
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To: Ellesu

>Constitutional guarantees of separation of powers are maintained.

hmmmmmmm why didn’t anyone think of that when Congress handed the Executive with the power to make war?


16 posted on 04/03/2007 4:59:16 AM PDT by AZRepublican ("The degree in which a measure is necessary can never be a test of the legal right to adopt it.")
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To: Peach

All animals are equal, but some animals are more equal than others.


"WELCOME TO THE REAL AMERICA WHERE CRIMINALS GET TO BE
CELEBRITIES AND CELEBRITIES GET AWAY WITH MURDER."
"TO DIE FOR" Columbia Pictures



17 posted on 04/03/2007 4:59:29 AM PDT by Diogenesis (Igitur qui desiderat pacem, praeparet bellum)
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To: mariabush

:) It’s okay, happens to all of us now and then.


18 posted on 04/03/2007 4:59:52 AM PDT by Ellesu
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To: Ellesu

“Newt Gingrich, R-Ga., a former House speaker; Robert Michel, R-Ill., a former House minority leader; and Scott Palmer, the former chief of staff for Rep. Dennis Hastert, R-Ill., are among those who have filed friend-of-the-court briefs in the U.S. Court of Appeals for the D.C. Circuit, backing Jefferson’s argument that the FBI raid on his office last May was unconstitutional”

Sorry state of affairs.....above is the main reason we are losing.....losing and will continue to lose until spineless, gutless, PUBS grow a set of b@&ls.


19 posted on 04/03/2007 5:00:34 AM PDT by KenmcG414
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To: yankeedame

I certainly can’t argue with that.


20 posted on 04/03/2007 5:02:03 AM PDT by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it)
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