Some members of Congress aren’t very happy with the unprecedented FBI search of Rep. William Jefferson’s office, and they’re demanding the return of seized documents. Funny how loudly they squeal when they think their own rights were violated. Some of the same people who are so angry at what they see as Executive Branch overreaching were the same ones telling US citizens that it’s perfectly okay for the NSA to collect our phone records and perform warantless wiretaps, the same ones who’ve done next to nothing to stop rendition of terror suspects and who wink at torture of our supposed enemies, the same ones who implied that “innocent till proven guilty” was just a quaint anachronism.
Now those who let Bushco trample all over the protection from illegal search and seizure when it comes to ordinary citizens are pitching a fit because they’re being treated the same way. Is this what it will take to spur them to action on behalf of their constituents? Or will their complaints just piss off voters who see the privileged few once again expecting “special” treatment?
WASHINGTON - Some lawmakers are warning of a voter backlash against members of Congress “trying to protect their own” if party leaders keep escalating a constitutional dispute over the FBI’s raid of a representative’s office.
Yet not long after House Speaker Dennis Hastert and Minority Leader Nancy Pelosi demanded on Wednesday the bureau return documents it took, White House aides were in talks with Hastert’s staff about the possible transfer of the material, perhaps to the House ethics committee, according to several Republican officials.
The goals of any transfer, they said, would be to deny the documents both to prosecutors and to Rep. Willliam Jefferson, a Louisiana Democrat ensnared in a bribery investigation, until the legal issues surrounding the weekend search of his office are resolved. The officials spoke on condition of anonymity, citing the confidential nature of the discussions.
“Criticizing the executive and judicial branches of our government for fully investigating a member of Congress suspected of criminal wrongdoing sends the wrong message and reflects poorly upon all of Congress,” Rep. Barbara Cubin, R-Wyo., said in a statement. “They should not expect their congressional offices to be treated as a safe haven.”
There has been speculation that Speaker Hastert’s strong reaction is based on his own fears.
Meantime, the Justice Department twice denied ABC News reports that Hastert was under FBI investigation to determine his role in a public corruption probe centered around convicted lobbyist Jack Abramoff. Hastert said he has not received any notice from the department that he was being investigated.
Late Wednesday, ABC said the department’s response was intended to deny that Hastert was a formal “target” or “subject” of the investigation. But ABC said federal officials confirmed that various members of Congress “including Hastert, are under investigation.”
The Justice Department counte[re]d with a new denial in response to the ABC late-evening update.
Article 1, Section 6, of the US Constitution was intended to protect legislators from intimidation while they are performing their duties of office. No one wants to see a vindictive chief executive swear out arrest warrants against members of Congress to prevent, for instance, their vote on articles of impeachment.
(The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.) (The preceding words in parentheses were modified by Amendment XXVII.) They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
The exception for felonies would appear to cover the alleged actions of Rep. Jefferson. It’s the treason exception that concerns me. Knowing the Bush mindset, any opposition to his policies could be twisted into treason.
Perhaps our legislators should be concerned about that as well. When they’re pushed past the point of their go along to get along mentality, when their constituents get tired of being treated like criminals, when they finally decide to push back hard against an out-of-control executive branch, will they find that their privileged positions won’t protect them? Maybe they should ask that question now, not later. If not for our sake, at least for theirs.