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.
Obviously they have something to hide, lest they become the next target of FBI in a bribery, extortion, money laundering investigation.
That would be us, and we suck at the job.
“And, the taking of bribe money IS constitutional?”
Newt is doing the right thing. They want Jefferson on the bribery charges and not the money in the freezer. They don’t need that to convict him.
Pelosi isn’t saying anything because if she talks about the money in the freezer being an unconstitutional search and seizure, the story goes to page one.
One way or another, America will wonder why Jefferson is still in office after Pelosi and Reid said they were elected because of the Republicans culture of corruption.
This is going to come out right before the 08 elections. Jefferson is going to be the downfall of the RATS in 2008, once it is combined with the rise in taxes and cut & run.
“And, the taking of bribe money IS constitutional?”
Newt is doing the right thing. They want Jefferson on the bribery charges and not the money in the freezer. They don’t need that to convict him.
Pelosi isn’t saying anything because if she talks about the money in the freezer being an unconstitutional search and seizure, the story goes to page one.
One way or another, America will wonder why Jefferson is still in office after Pelosi and Reid said they were elected because of the Republicans culture of corruption.
This is going to come out right before the 08 elections. Jefferson is going to be the downfall of the RATS in 2008, once it is combined with the rise in taxes and cut & run.
Newt is STUPID!!! He should have waitied til Pelosi backed it...but alas....the Pubbies looks STUPID to the MAX! AND they look CROOKED!! THEY don’t want the other branch of govt to interfere but THEY are interfering with the Executive branch on the WAR!
In the physical offices of Congress?
Congress.
If those papers were anywhere else, then the FBI.
It may be that for the sake of preserving the separation of powers, the congressman skates. It's a question of priorities.
The stupid party continues to live down to its name.
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