| Topic: |
Politics > Politics-USA |
| User: |
"Captain Compassion" |
| Date: |
10 Jul 2006 11:55:55 PM |
| Object: |
Judge: FBI Raid on Lawmaker's Office Legal |
Judge: FBI Raid on Lawmaker's Office Legal
By TONI LOCY
Associated Press Writer
http://hosted.ap.org/dynamic/stories/R/RAID_ON_CONGRESS?SITE=7219&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2006-07-10-16-33-19
WASHINGTON (AP) -- A federal judge on Monday upheld the FBI's
unprecedented raid of a congressional office, saying that barring
searches of lawmakers' offices would turn Capitol Hill into "a
taxpayer-subsidized sanctuary for crime."
Chief U.S. District Judge Thomas F. Hogan rejected requests from
lawmakers and Rep. William Jefferson to return material seized by the
FBI in a May 20-21 search of Jefferson's office.
The overnight search was part of a 17-month bribery investigation of
Jefferson, a Louisiana Democrat.
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.
Jefferson had sought the return of several computer hard drives,
floppy disks and two boxes of paper documents that FBI agents seized
during the 18-hour search of his Rayburn Building office.
Hogan said the Justice Department can retake custody of the materials,
which President Bush ordered held by the solicitor general until
Congress and the agency could work out procedures for future raids on
congressional offices.
Jefferson's lawyer, Robert Trout, said he was not surprised by the
ruling and would appeal as soon as possible. Trout is expected to ask
Hogan to stay his ruling to keep the materials away from investigators
until an appeals court looks at the case.
"While a congressman is not above the law, the executive branch must
also follow the law," Trout said. "We appreciate the consideration the
judge accorded our motion for the return of the seized property, but
we respectfully disagree with his conclusion."
Justice spokesman Brian Roehrkasse said the department was pleased
with the judge's decision and said prosecutors would continue
discussions with Congress to work out procedures for future raids.
House Democratic leader Nancy Pelosi of California also said Congress
will continue to work with the Justice Department on procedures for
searches.
Still, "This particular search could have been conducted in a manner
that fully protected the ability of the prosecutors to obtain the
evidence needed to do their job while preserving constitutional
principles," she said.
At issue was a constitutional provision known as the speech or debate
clause, which protects elected officials from being questioned by the
president, a prosecutor or a plaintiff in a lawsuit about their
legislative work.
The raid on Jefferson's office angered members of Congress, some of
whom threatened to retaliate by tinkering with the FBI and Justice
Department budgets.
Bush stepped in and ordered the solicitor general to take custody for
a 45-day "cooling off period," which ended Sunday.
Jefferson has been under investigation since March 2005 for allegedly
using his position to promote the sale of telecommunications equipment
and services offered by iGate, a Louisville-based firm, that sought
contracts with Nigeria, Ghana and other African nations.
In return for his help, Jefferson allegedly demanded stock and cash
payments. Jefferson has not been charged and has denied wrongdoing.
An affidavit filed with Hogan to justify the May search says the FBI
videotaped Jefferson in August 2005 accepting $100,000 from a business
executive, who actually was a government informant. The FBI said it
subsequently recovered $90,000 from a freezer at Jefferson's home.
The House leaders told Hogan in a court filing that the Justice
Department had overstepped its authority by prohibiting Jefferson's
private lawyer, House counsel and the Capitol Police from observing
the search of Jefferson's office.
They also complained that agents showed up at the Rayburn Office
Building unannounced and demanded that the Capitol Police chief let
them into Jefferson's office immediately or they would "pick the
office door lock."
Hogan said investigators do not need approval from elected officials
or their lawyers to seize possible proof of a crime.
"The power to determine the scope of one's own privilege is not
available to any other person, including members of the coequal
branches of government: federal judges ... or the President of the
United States," the judge said.
He also said judges have a legitimate role to play in ensuring
prosecutors don't overstep their authority in investigating
legislators.
"A federal judge is not a mere rubber stamp in the warrant process,"
Hogan wrote, "but rather an independent and neutral official sworn to
uphold and defend the Constitution."
--
"Science is the record of dead religions." -- Oscar Wilde
"There are no absolute certainties in this universe. A man must try to
whip order into a yelping pack of probabilities, and uniform success is
impossible." -- Jack Vance
"Civilization is the interval between Ice Ages." -- Will Durant.
"War is God's way of teaching Americans geography" -- Ambrose Bierce
"Progress is the increasing control of the environment by life.
--Will Durant
Joseph R. Darancette
daranc@NOSPAMverizon.net
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