Court: FBI violated Constitution in raid

[Bradley in DC]

http://news.yahoo.com/s/ap/20070803/ap_on_go_ca_st_pe/raid_on_congress_9;_ylt=AmPyXxbyevnlbNdvv4jkpAsE1v AI


By MATT APUZZO, Associated Press Writer 2 hours, 48 minutes ago
WASHINGTON - The FBI violated the Constitution when agents raided U.S. Rep. William Jefferson's office last year and viewed legislative documents in a corruption investigation, a federal appeals court ruled Friday.

The court ordered the Justice Department to return any legislative documents it seized from the Louisiana Democrat's office on Capitol Hill. The court did not order the return of all the documents seized in the raid and did not say whether prosecutors could use any of the records against Jefferson in their bribery case.

Jefferson argued that the first-of-its-kind raid trampled congressional independence. The Constitution prohibits the executive branch from using its law enforcement powers to interfere with the lawmaking process. The Justice Department said that declaring the search unconstitutional would essentially prohibit the FBI from ever looking at a lawmaker's documents.

The U.S. Court of Appeals for the District of Columbia Circuit rejected that claim. The court held that, while the search itself was constitutional, FBI agents crossed the line when they viewed every record in the office without giving Jefferson the chance to argue that some documents involved legislative business. . .

[Wendi]

Gee, big surprise there?

I mean, the FBI has never violated the constitution before, have they?

<< sarcasm intended >>

[angelatc]

I think this is insane. How can they ever investigate corruption if the Congressmen know that their offices (which *are* public property!) are immune from ever being searched?

[LibertyEagle]

I think this is insane. How can they ever investigate corruption if the Congressmen know that their offices (which *are* public property!) are immune from ever being searched?

That doesn't appear to be the issue.

"The court held that, while the search itself was constitutional, FBI agents crossed the line when they viewed every record in the office without giving Jefferson the chance to argue that some documents involved legislative business. ."

[ARealConservative]

That doesn't appear to be the issue.

"The court held that, while the search itself was constitutional, FBI agents crossed the line when they viewed every record in the office without giving Jefferson the chance to argue that some documents involved legislative business. ."

wow - you have a source for that?

lol - nevermind

[Bradley in DC]

I think this is insane. How can they ever investigate corruption if the Congressmen know that their offices (which *are* public property!) are immune from ever being searched?

For the executive branch to interfere with the legislative branch's work is obscene. Just so you know, the Capitol police are perfectly capable of handling this.

[ghemminger]

Gee, big surprise there?

I mean, the FBI has never violated the constitution before, have they?

<< sarcasm intended >>

Yeah who trusts the FBI or any of those agencies..hey texas christian have you look pretty uptight in that picture...but you sound real cool and relaxed:)

[PennCustom4RP]

http://news.yahoo.com/s/ap/20070803/ap_on_go_ca_st_pe/raid_on_congress_9;_ylt=AmPyXxbyevnlbNdvv4jkpAsE1v AI


By MATT APUZZO, Associated Press Writer 2 hours, 48 minutes ago
WASHINGTON - The FBI violated the Constitution when agents raided U.S. Rep. William Jefferson's office last year and viewed legislative documents in a corruption investigation, a federal appeals court ruled Friday.

The court ordered the Justice Department to return any legislative documents it seized from the Louisiana Democrat's office on Capitol Hill. The court did not order the return of all the documents seized in the raid and did not say whether prosecutors could use any of the records against Jefferson in their bribery case.

Jefferson argued that the first-of-its-kind raid trampled congressional independence. The Constitution prohibits the executive branch from using its law enforcement powers to interfere with the lawmaking process. The Justice Department said that declaring the search unconstitutional would essentially prohibit the FBI from ever looking at a lawmaker's documents.

The U.S. Court of Appeals for the District of Columbia Circuit rejected that claim. The court held that, while the search itself was constitutional, FBI agents crossed the line when they viewed every record in the office without giving Jefferson the chance to argue that some documents involved legislative business. . .

I live in Louisiana, where Jefferson was elected from. He is not concerned about this trampling, is just a smokescreen.
He is more worried about that bribery charge, and the tens of thousands of dollars found wrapped in his freezer, that he will never see again.
Unfortunate that the Constitution was trod on, but hopefully this will still go forward and his corruption is ended, and he gets his due.

[Bradley in DC]

I live in Louisiana, where Jefferson was elected from. He is not concerned about this trampling, is just a smokescreen.
He is more worried about that bribery charge, and the tens of thousands of dollars found wrapped in his freezer, that he will never see again.
Unfortunate that the Constitution was trod on, but hopefully this will still go forward and his corruption is ended, and he gets his due.

I share what I think is your opinion of Jefferson's motives, but the legal principles and precedents hold.