Thursday, August 2, 2007

Do Republicans understand anything about the purpose of things like search warrants or the basic way that our legal system works? Via Talking Points Memo Republican Sen. Larry Craig (ID) is all upset about some recent actions by the FBI, saying that the FBI "is a bit Gestapo-like in its style and tactics." He is of course referring to the situation involving Alaskan Senator Ted Stevens:

Agents from the FBI and the Internal Revenue Service raided the Alaska home of Sen. Ted Stevens (R) yesterday as part of a broad federal investigation of political corruption in the state that has also swept up his son and one of his closest financial backers, officials said....

The afternoon raid was conducted by FBI and IRS agents as part of a "court-authorized search warrant," FBI spokesman Richard Kolko said in Washington. He declined to provide further details.

Craig is freaking out because "when you have the allegatiatons, you have the judicial segment of our government, the executive branch, out raiding the homes of senators, that is a very frightening propostion" and because "the FBI was offered a key and invited into the home, they chose publicize it to make sure the media was there first, and they broke in."

You see Stevens is part of an ongoing corruption probe so the Justice Department and the FBI could not possibly have any interest whatsoever in executing a legal search warrant in order to obtain documents that could be in Stevens' home rather than rely on an invite from Stevens to come to his house for a friendly chat so that he can hand them all the documents or other evidence pertinent to the case, even information that might implicate him in the crimes for which he is being investigated. And of course Craig rightly points out that it "makes senators very, very angry when they attempt to cooperate when for reason they are caught in these webs and yet they are denied that for the sake of the jduciary’s publicity" because when prominent U.S. Senators have their homes raided as part of an ongoing corruption probe it is highly unusual that there would be any media attention.

I'd like to point out something else that might justifiably be a little bit closer to "Gestapo-like in its style and tactics" and that might make U.S. Senators very, very angry:

An unusual FBI raid of a Democratic congressman's office over the weekend prompted complaints yesterday from leaders in both parties, who said the tactic was unduly aggressive and may have breached the constitutional separation of powers between the executive and legislative branches of government.

Rep. William J. Jefferson (La.), who is at the center of a 14-month investigation for allegedly accepting bribes for promoting business ventures in Africa, also held a news conference in which he denied any wrongdoing and denounced the raid on his office as an "outrageous intrusion." Jefferson, who has not been charged, vowed to seek reelection in November....

The Saturday raid of Jefferson's quarters in the Rayburn House Office Building posed a new political dilemma for the leaders of both parties, who felt compelled to protest his treatment while condemning any wrongdoing by the lawmaker. The dilemma was complicated by new details contained in an 83-page affidavit unsealed on Sunday, including allegations that the FBI had videotaped Jefferson taking $100,000 in bribe money and then found $90,000 of that cash stuffed inside his apartment freezer....

House Speaker J. Dennis Hastert (R-Ill.) expressed alarm at the raid. "The actions of the Justice Department in seeking and executing this warrant raise important Constitutional issues that go well beyond the specifics of this case," he said in a lengthy statement released last night.

"Insofar as I am aware, since the founding of our Republic 219 years ago, the Justice Department has never found it necessary to do what it did Saturday night, crossing this Separation of Powers line, in order to successfully prosecute corruption by Members of Congress," he said. "Nothing I have learned in the last 48 hours leads me to believe that there was any necessity to change the precedent established over those 219 years."

[....]

Legal experts were divided on the legality and propriety of the FBI's raid, but many said that it could raise serious evidentiary problems for prosecutors at trial. In scores of cases of alleged congressional wrongdoing, federal prosecutors and FBI agents have most commonly sought to issue subpoenas for documents rather than conducting an impromptu raid on congressional property, experts said.

At issue is the "speech or debate" clause of the Constitution -- language intended to shield lawmakers from intimidation by the executive branch. Historically, courts have interpreted the clause broadly, legal experts said.

Former House speaker Newt Gingrich (R-Ga.), in an e-mail to colleagues with the subject line "on the edge of a constitutional confrontation," called the Saturday night raid "the most blatant violation of the Constitutional Separation of Powers in my lifetime." He urged President Bush to discipline or fire "whoever exhibited this extraordinary violation."

[....]

Attorney General Alberto R. Gonzales, asked about the raid during an unrelated news conference in Washington, declined to discuss the case in detail but said "the executive branch intends to work with the Congress to allay" any concerns.

"I will admit that these were unusual steps that were taken in response to an unusual set of circumstances," he said. "I'll just say that."

2 comments:

Eric said...

So it would appear this administration is actually doing something right for once.

shanna said...

Are you referring to the search of Sen. Stevens' home?