SubscribeCourt: “Freezer” Jefferson Raid Unconstitutional
From those champions of the Constitution at the Associated Press:
Court: FBI violated Constitution in raid
By MATT APUZZO, Associated Press Writer
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.
“The review of the Congressman’s paper files when the search was executed exposed legislative material to the Executive” and violated the Constitution, the court wrote. “The Congressman is entitled to the return of documents that the court determines to be privileged.” …
“Today’s opinion underscores the fact that the Department of Justice is required to follow the law, and that it is bound to abide by the Constitution,” defense attorney Robert Trout, said, promising more legal challenges to “overreaching by the government in this case.” …
The Justice Department did not immediately return messages seeking comment on the decision. Officials have said they took extraordinary steps, including using an FBI “filter team” not involved in the case to review the congressional documents. Government attorneys said the Constitution was not intended to shield lawmakers from prosecution for political corruption.
The court was not convinced. It said the Constitution insists that lawmakers must be free from any intrusion into their congressional duties. Such intrusion, even by a filter team, “may therefore chill the exchange of views with respect to legislative activity,” the court held…
Following his indictment, Jefferson’s supporters accused the Bush administration of targeting black Democrats to shift attention from the legal troubles of Republican congressmen…
So it turns out that some people are above the law after all. (Of course this only applies to Democrats.)
Meanwhile, the Democrats continue their relentless witch-hunts against the Bush administration without let or hindrance.
Related Articles:
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- William "Freezer" Jefferson Is Re-Elected
- Bob Ney (R) Resigns, Jefferson (D) Still Hasn't
- The Nation: Jefferson Republican At Heart
- NYT Sobs Over Jefferson's Poor Childhood
- Top 3 At DOJ Almost Quit Over Jefferson Docs
- Jefferson (D) Caught With $100K In Freezer
- LA Dem Congressman Accused Of Taking Bribes
14 Responses to “Court: “Freezer” Jefferson Raid Unconstitutional”
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August 3rd, 2007 at 12:25 pm
Probably wouldn’t matter anyway: in the end a D.C. jury will either end up hung or find Jefferson not-guilty regardless of the evidence. He was framed, don’t you see?
August 3rd, 2007 at 1:27 pm
If the FBI Investigators discovered documents/data obviously not relevant to their case, I would think they would return them. Giving the suspect the right to question the data BEFORE investigators can examine it is just plain stupid. I have never heard of the concept of “congressional independence” but it seems to me that they should be treated no different than any other citizens. If a dead body were discovered in the President’s bed, I would HOPE that a standard murder investigation would take place.
What is the disembodied hand inserting into his head?
August 3rd, 2007 at 1:44 pm
Oki, I believe that would be the race card he is pulling out of there.
“Jefferson’s supporters accused the Bush administration of targeting black Democrats to shift attention from the legal troubles of Republican congressmen…”
There should be a world record for how fast that card can be pulled out. Too bad it only works one way though, I am pretty sure Bush’s admin. is the most racially diverse in US history. Too bad for A.G,
August 3rd, 2007 at 2:54 pm
Wouldn’t the headline have to be…..
.
Court: COURT violated Constitution in raid.
.
Considering the FBI had a warrent issued by the Courts…and I’m assuming a Judge wrote it……..interesting
August 3rd, 2007 at 3:00 pm
Congressional offices are these magical places where no crime could have occurred. I plead not guilty! Shit, I keep money in my freezer all of the time.
August 3rd, 2007 at 3:34 pm
Does that mean he get’s the $90,000 back? Defrosted of course!
Maybe he can sue for 54 Million dollars like the Judge that lost his pants to the cleaners in Washington. HA! HA! Ha!
What a country!
August 3rd, 2007 at 4:24 pm
I still don’t know how a Congresscritter can claim the documents in his office ‘above the law’ when the Congress he is part of is attempting to have every single document from the entire Presidential Administration turned over to them for them to ‘investigate’ - the FBI found the cash, it was part of a sting - the documents were either to prove he is innocent or to be ADDITIONAL evidence of his guilt in that sting or perhaps our Rep. William ‘Frozen Assets’ Jefferson has another crime to hide - which is why he did not want his office searched. And yes any search has to have a warrent issued by a Judge. .
So one liberal Judge is saying that the conservative Judge is Wrong. And somehow a racebaiting democrat criminal will go free and keep his job - while everyone else in America would be rotting in jail until the trial and even if the charges were dropped (Duke Lacrosse Team and/or Tom Delay), their lives would still be ruined.
Too bad I have morals and values - otherwise being a dem would be the ticket to avoiding reality and consequences.
August 3rd, 2007 at 4:38 pm
Wouldn’t it be funny if those “illegally seized documents” constituted undeniable proof of treason against the United States of America and an attempt to bring back chattel slavery? Of course, intelligence agencies work under different rules than law enforcement. Look for U.S. Rep. William Jefferson getting murdered by al Qaeda sometime in the near future because his records disclose being bribed to hamper Bush’s Global War on Terror. If fellow Democrates don’t revive that fine old Democratic custom of donning white sheets, burning a cross in Jefferson’s yard, and lynching him from the nearest tree, that is.
August 3rd, 2007 at 6:05 pm
Wouldn’t it be funny if those “illegally seized documents” constituted undeniable proof of treason against the United States of America
Why we haven’t had a senior government official accused of treason since Aaron Burr. I mean just because it happened once you don’t suppose it might happen again do you?
August 3rd, 2007 at 7:06 pm
So now, any congressman can hide documented evidence of any crime between pages of legislation and get by with the crime. This ruling just could make congressmen evermore untouchable.
Does Jefferson get his fully-stocked freezer back?
August 3rd, 2007 at 7:37 pm
Well not quite dwic, at least not yet.
The U.S. Court of Appeals for the District of Columbia Circuit is the court that made this ruling. The government will seek an injunction against returning his incriminating evidence until this ruling is appealed, if they haven’t already done so. The case will most likely end up at SCOTUS since it not only affects the case against freezer bill, but future cases against U. S. Congressmen and Senators. Justice just needs to hurry things along before a dhimmi gets elected president and tells his new prosecutors to drop the charges. It will take a while, but I really believe the SCOTUS will overrule this and allow the evidence to be used. I wonder if they even need the evidence collected in his office to convict him when you consider the “marked” bills found in his freezer.
And no, this ruling doesn’t apply to the frozen money. Freezer bill is going down, it’s just a matter of when, or if he’ll cop a plea to some lesser charge to avoid prison. I don’t really think he wants to be a cell mate of the “dukester”.
August 3rd, 2007 at 9:24 pm
Interesting that the NAACP says we can’t convict Michael Vick before a trial, but the Duke lacrosse players were guilty even before they were arrested. ‘Fridge’ Jefferson won’t spend a day in jail, he’ll probably get the $90K back. With interest and an apology. After all, his home freezer is just an extension of his Congressional office and entitled to complete immunity from any wrongdoing. I don’t think he’s smart enough to cut any deals with the Islums, not much danger there.
August 3rd, 2007 at 10:41 pm
OG…sorry but I think you’re hyper-ventilating. The 90K was the government’s money to begin with, and marked as such. There is no explanation he can offer to any jury that will explain his legal possession of it. And the court that made this ruling, agreed the FBI was correct in pulling the trigger on the search warrant. What is at issue is the papers colllected that pertain only to congressional business, and that’s all the court said to return. Do I like it? Hell no because it just delay what I believe to be the inevitable…..his conviction and frog march off to a federal pen.
As far as the Vick/Duke lacrosse case, it has nothing to do with this. And in the end, the system worked as it should have. Took a while, pissed a lot of us off, but worked. Believe me when I tell you the wheels of justice can turn very slowly, especially when one is smack dab in the middle of it (as our family was for 2 years). And believe me when I tell you, from very personal experience, the system usually does work.
And BTW, if congresspeople had complete immunity from criminal conduct, the dukester wouldn’t be doing 8 years right now. Not would the democrat Trafficante be doing several years.
August 4th, 2007 at 3:39 am
You’re spot on WI. The $90K was seized in Jefferson’s house, not in his Congressional office. This current ruling deals with his office in DC, nothing more.
I don’t believe this is the end of the “office seizures” issue. The DOJ will determine whether they have sufficient evidence to proceed, keeping in mind this ruling isn’t inclusive of all documents seized in Jefferson’s office. I hope the DOJ pursues this to SCOTUS on simply a precedent basis only. As numerous posters have stated, why should ‘Congresscritters’ be exempt from the common laws of the US?
I find it interesting that the actual ruling is so far unavailable for review. Why is that? The Appellate Judges whom issued the ruling have so far remained unnamed. Another mere coincidence?
Perhaps, but the DC Court is thoroughly dominated by Carter and Clinton appointees including Chief Judge Washington.
Makes you wonder why the ruling remains unreleased to this point, doesn’t it..?? Just sayin’…;o)