Fox News reports the following from the AP:
An FBI raid on a Louisiana congressman's Capitol Hill office was legal, a federal judge ruled Monday.Chief U.S. District Judge Thomas F. Hogan said members of Congress are not above the law. He rejected requests from lawmakers and Democratic Rep. William Jefferson to return material seized by the FBI in a May 20-21 search of Jefferson's office.
In a 28-page opinion, Hogan dismissed arguments that the first-ever raid on a congressman's office violated the Constitution's protections against intimidation of elected officials.
"Congress' capacity to function effectively is not threatened by permitting congressional offices to be searched pursuant to validly issued search warrants," said Hogan, who had approved the FBI's request to conduct the overnight search of Jefferson's office.
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The president's 45-day "cooling off period" ended Sunday with no compromise worked out but with assurances from the Justice Department that it would not seek to regain custody of the materials until Hogan ruled on Jefferson's request.Because Hogan signed the search warrant authorizing the search, Jefferson's legal team was not surprised by his ruling upholding it.
"While a congressman is not above the law, the executive branch must also follow the law," said Jefferson's lawyer, Robert Trout. "We appreciate the consideration the judge accorded our motion for the return of the seized property, but we respectfully disagree with his conclusion, and we intend to appeal the ruling."
Hogan said a search warrant seeking material is very different than a subpoena seeking testimony.
"Jefferson may never be questioned regarding his legitimate legislative activities, is immune from civil or criminal liability for those activities, and no privileged material may ever be used against him in court," the judge wrote.
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Comments (5)
Legitimate Legislative Acti... (Below threshold)1. Posted by epador | July 10, 2006 8:08 PM | Score: 0 (0 votes cast)
Legitimate Legislative Activities.
How alliterative.
Wonder if there is any difference in just what this defines depending upon your political allegiance. I doubt it: Diogenes would find a search through the US Capitol fruitless.
1. Posted by epador | July 10, 2006 8:08 PM |
Score: 0 (0 votes cast)
Posted on July 10, 2006 20:08
2. Posted by nolason | July 10, 2006 8:49 PM | Score: 0 (0 votes cast)
William Jefferson has proven now more than ever that he is a disgrace to the second district, the city of New Orleans, and the State of Louisiana. He is weaker than ever, and it is time for new leadership. People should check out the Republican challenger, Joe Lavigne, and his plan to revitalize New Orleans. All his information may be reached at http://joelavigne.com/
2. Posted by nolason | July 10, 2006 8:49 PM |
Score: 0 (0 votes cast)
Posted on July 10, 2006 20:49
3. Posted by JJ | July 11, 2006 12:41 AM | Score: 0 (0 votes cast)
Well, on the bright side for the young and also for the McGovern-era left there's a pretty decent chance Brett Kavanaugh(!) will be on the appeals panel should there be an appeal or a writ of that ruling.
3. Posted by JJ | July 11, 2006 12:41 AM |
Score: 0 (0 votes cast)
Posted on July 11, 2006 00:41
4. Posted by Scrapiron | July 11, 2006 11:02 AM | Score: 0 (0 votes cast)
In their haste to pander to the blacks the democrats never learn. They put Jefferson, a known criminal in congress. Now they're tring to put another known criminal from a totally criminal family in congress. Check out the Ford family in Tn. They have more crooks than a barrel full of fish hooks.
4. Posted by Scrapiron | July 11, 2006 11:02 AM |
Score: 0 (0 votes cast)
Posted on July 11, 2006 11:02
5. Posted by Kimyl Oh! | July 11, 2006 12:38 PM | Score: 0 (0 votes cast)
Jefferson should go, no questions asked. It's like Scarborough or that guy from California with the Chondra Levy (?) situation---when the evidence is that compelling, you might not be guilty beyond a reasonable doubt but you sure as hell should get out of government--personal baggage means bad politics.
In the meantime, the GOP should do a better job of cleaning out your crooks. They might not get caught red-handed with cash in the freezer, but laundering money through friends and family is not part of representative governments far as I can tell.
5. Posted by Kimyl Oh! | July 11, 2006 12:38 PM |
Score: 0 (0 votes cast)
Posted on July 11, 2006 12:38