Because Congressmen Are Special Creatures
Is it just me or does the congressional outcry over the FBI raid of Rep. William Jefferson’s office come across as a little strange? The idea that Jefferson’s office is protected from this kind of search seems idiotic and the complaint that it is unconstitutional because it violates “the principles of Separation of Powers, the independence of the Legislative Branch, and the protections afforded by the Speech and Debate clause of the Constitution” is even more odd.
There was no “invasion” of the legislative branch, as Speaker Hastert would have us believe. There was a search and seizure in relation to a criminal investigation of a man who may have accepted about half a million dollars in bribes (nearly one hundred thousand of which was stuffed into his freezer at home), an act that is in no way prevented by the Constitution. The Constitution does not protect members of congress from searches and investigations nor should it. These people are in no way so priveleged that their criminal acts should not be punished or pursued.
Nor was it a violation of the “Speech and Debate” clause. This lengthy bit from FindLaw ends up discussing, fairly specifically, prosecution in a bribery case. It would seem that there is precedent to support an investigation and a seizure in relation to bribery charges (reading the rest will give a pretty broad picture of the scope of the Speech and Debate clause and its intent).
Files, notes, and reciepts in relation to illegally funneling money in return for using congressional influence isn’t protected in reference to the “process or function” of the legislator’s job. Therefore investigation of those activities isn’t a punishment for Johnson’s political views or actions, it’s an investigation of his illegal activity unrelated to his legitimate activities as an elected official.
On an entirely different note: I’ll try to get back to posting tomorrow, but this has been a tough week in a number of ways. Getting back on track after an admittedly short vacation is proving to be pretty freakin’ difficult. I have a lot to say and very little time to pull it together.