jaunthie | US Citizens 1, Congress 0

A short time ago, the FBI had enough evidence of malfeance and corruption that they obtained and executed a search warrant on Congressman William Jefferson's (D-LA) office. They properly seized documents in relation to their warrant.

Congress in general, and the House in specific, went ballistic. Instead of lauding law enforcement, Republicans and Democrats alike raised furious protests, and even Twinkie chimed in in "support" of Jefferson. Jefferson filed a motion for the "return of property and emergency motion for interim relief", wherein he contended that the execution of the search warrant was in violation of the (get this) Constitution's Speech or Debate Clause as well as the separation of powers principle and the Fourth Amendment. The Bush administration and the House Bi-Partisan Legal Advisory Group of the House of Representatives both filed amicus curiae briefs in support of Jefferson's motion.

Today the US District Court officially denied Jefferson's motion. In fact, Judge Thomas Hogan pretty clearly calls bullsh#t on the entire motion, as follows:

"The existing broad protections of the Speech or Debate Clause – absolute immunity from prosecution or suit for legislative acts and freedom from being “questioned” about those acts (including privilege from the testimonial act of producing documents in response to a subpoena) – satisfy the fundamental purpose of the Clause to protect the independence of the legislature. The Court declines to extend those protections further, holding that the Speech or Debate Clause does not shield Members of Congress from the execution of valid search warrants. Congressman Jefferson’s interpretation of the Speech or Debate privilege would have the effect of converting every congressional office into a taxpayer-subsidized sanctuary for crime. Such a result is not supported by the Constitution or judicial precedent and will not be adopted here."

Granted, I'd say that in the current Congress, pretty much every congressional office is already a taxpayer-subsidized sanctuary for crime to some degree (okay, I'm feeling pretty cynical today), but at least the court properly blocked such a massive overreach.

So hurrah, let's hope Mr. Jefferson resigns ASAP - and if found guilty, is tossed in the clink forthwith. And then let's hope the equally-guilty-or-more-so parties in Congress and the administration are swiftly and properly brought to justice.