Searching for sanity
Wednesday, May 31st, 2006By Denise Ross
All weekend long, I thought I had missed something, some salient, insightful point of law that would snap the funhouse mirror back into focus. Pundits from every point on the spectrum and elected officials and anybody, it seemed, who got in front of a TV camera, a radio microphone or a reporter’s notebook to address the issue couldn’t say enough about the blunder, at least, — perhaps even a constitutional crisis — that had arisen from the FBI’s search of Congressman William Jefferson’s Capitol Hill office.
The highlights reel includes Jefferson, a Louisiana Democrat and bribery investigation target, on videotape accepting a briefcase full of cash, which recently was found in the freezer during a search of his home.
The well publicized 10-month investigation had not grabbed the attention of House leaders. But an FBI search of Jefferson’s Capitol Hill office — conducted under the authority of a search warrant from a federal court — elicited a joint statement from outraged House Speaker Dennis Hastert and Democratic Leader Nancy Pelosi. They were perhaps the first to cry constitutional crisis, claiming the search amounted to an unconstitutional infringement of the executive branch on the legislative branch. They said — I couldn’t make this up — that the FBI should have checked with Hastert first.
(Good grief, what if this were a murder investigation and the murder weapon was in the congressman’s desk drawer? What if the congressman in question was the House Speaker? )
The best rundown on the 10-month chronology of the criminal investigation into Jefferson’s alleged bribery activities — (I guess the House Ethics Committee has been doing something else. Wait … no.) — and the most on-point dissection of the big picture questions at issue here comes from Andrew C. McCarthy at the National Review Online.
Here’s a sample:
Speaker Hastert, according to a memorandum filed by the Justice department on Tuesday, was notified about the subpoenas by Jefferson on September 15, 2005, and again on November 18, 2005. The Justice department has been trying to get production on those subpoenas ever since—to no avail.
There are more analyses out there, all chock full of links to others and most centered on what’s called the Speech and Debate clause in the constitution (the SD Legislature has something similar), which, as I read it, says people can’t haul you into court for what you say on the floor or what you do as part of your official duties.
The More Soft Money Hard Law analysis.
The TCS Daily artcle, quoted in part below.
House Judiciary Committee Chairman James Sensenbrenner has decided to institute hearings on the issue — claiming that the FBI search of Rep. Jefferson’s office was just as inappropriate as a Capitol Hill police search of the Oval Office would be. This argument is nonsensical on its face; the Capitol Hill police’s jurisdiction does not extend beyond Capitol Hill while the FBI was well within its rights to conduct its search of Rep. Jefferson’s office in light of the allegations that Rep. Jefferson broke federal law by accepting bribes. Alas, even patently nonsensical claims such as the ones proffered by Chairman Sensenbrenner are finding their place in the discourse surrounding this issue instead of being laughed out of the realm of respectable opinion.
The ACLU was the online source that turned up in my search that takes the view of all those pundits I heard over the weekend. An ACLU spokeswoman said:
The executive’s search of a congressional office, even with a warrant, could have the effect of chilling congressional oversight of administration conduct. We applaud Chairman Sensenbrenner for examining this issue, and we urge him to call hearings on the many examples of the administration’s abuse of power.
Here’s the AP coverage of those hearings, held Tuesday.
So the online world has done what none of my favored media outlets could, offered me both a sense of relief that not everyone believes the search amounted to a blunder or unconstitutional act, and laid out in undeniable starkness the current state of Congress.
