LAT/AP: House Leaders Concede FBI Right to Search Congressional Offices

[DeepModem Mom]

House Leaders Concede FBI Right to Search
By LAURIE KELLMAN, Associated Press Writer
May 26, 2006

WASHINGTON -- House leaders acknowledged Friday that FBI agents with a court-issued warrant can legally search a congressman's office, but they said they want procedures established after agents with a court warrant took over a lawmaker's office last week.

"I want to know exactly what would happen if there is a similar sort of thing" in the Senate, Majority Leader Bill Frist, R-Tenn., said Friday, shortly after summoning Attorney General Alberto Gonzales to his office.

House Speaker Dennis Hastert, R-Ill., concurred: "I am confident that in the next 45 days, the lawyers will figure out how to do it right."

Gonzales was similarly optimistic. "We've been working hard already and we'll continue to do so pursuant to the president's order," he told The Associated Press.

In an editorial page article in USA Today on Friday, Hastert said he and House Minority Leader Nancy Pelosi, D-Calif., have directed House lawyers "to develop reasonable protocols and procedures that will make it possible for the FBI to go into congressional offices to constitutionally execute a search warrant."...

http://www.latimes.com/news/nationworld/wire/ats-ap_top14may26,0,116463.story

[NanceGreggs]

1. "House Leaders Concede ..."

Three words that could be the opening line of 99% of the news stories being printed in every newspaper, every day ...

[DeepModem Mom]

2. What happened to all the concern for separation of powers?

Just an outmoded idea, I guess, on a scrap of paper a couple of centuries old.

[rumpel]

3. Seems like a powerplay - warning to * fom Hastert. Behind the scenes

dealing has now concluded. It's all show & drama.
Hastert has his behind covered and guaranteed and * get's his trophy of a Dem.
GOP get's to use the line: "anyone can become corrupt", and their Abramoff-Cunnigham damage is now controlled.

[Kagemusha]

4. Beyond the conspiracy theories and separation of powers whining,

if a court provides a warrant for reasons that are valid, a congressman's office can be searched. That is legal, that is constitutional. Jefferson shouldn't have resisted legal subpoenas for his documents in the first place (Joe Conason and others have reported he did just that). That's using your office as a shield for criminality, and that, has never been protected by the Constitution.

[ShockediSay]

5. a warrant is what is constitutionally required for a search

(hint hint) and there are constitutional standards for the judiciary to issue a warrant for any kind of search, whether for secret police governmental spying, eavesdropping, something less insidious or the like

[ShortnFiery]

10. Then let's allow The Executive Branch and their Hammer, The Justice ...

Department - run RIOT over the Members of Congress and The American People? :shrug: :grr:

All the while, the American Sheeple are hypnotized about Bird Flu, the Desperate Housewives, The Sopranos, Missing White Women, The Duke Lacross Saga and *exactly* who will be the Next American Idol.

Pathetic. :puke: :nuke:

[wakeme2008]

6. What the FBI did was legal and I have no problem with it UNLESS

it went beyond his office, ie the email servers that all congress members use.

[papau]

9. It went beyond this case - hard drives were seized containing all notes &

work done on pending legislation.

This will be thrown out of court.

Yes you can get a warrant and enter any office - no, you can not just seize a Congressman's office contents.

[wakeme2008]

15. Do not buy that and What if there is movies of him fucking a 2 yo

and other criminal acts. You would want that thrown out right????

[papau]

16. Nope - the search must be narrow&not interfere with duties as a Congressman

that is only requirement - and this search did not meet that requirement,

If this were permitted we would stop having three co-equal branches of government and instead have Congress a 3rd class citizen with the executive able to harass them at will via corruption with the judiciary.

Indeed we are almost there - a far cry from the founders idea that Congress had the most power.

[Evergreen Emerald]

18. The issue for me is that there is an intimidation factor at play

Agree with the president or we will send in the FBI dogs.

The warrant must be specific and if they seized information not listed in the warrant, there is an issue. And I do not want the President to use FBI to intimidate members of Congress into agreeing with him.

That is where the separation of powers issue comes in.

[no_hypocrisy]

7. Query: In the future, how will be the FBI prevent itself from being used

as a GESTAPO-like entity that raids the offices of any legislator (dem or republican) who is interfering with the program or the aims of the administration? This is a tool of the Executive Branch and is not 100% independent, not unlike Nixon using the IRS to audit his so-called "enemies". (I don't want to hear how the FBI will be equal-opportunity and will raid BOTH parties.)

[Gin]

8. I think I heard Turley say that his computers were seized....so his email

will be read..I think Turley said they took everything and that included work on legislation that is supposed to be exempted.

[ShortnFiery]

11. And all this information "came across" surreptitiously WILL be reported

and leaked to The Executive Branch who will USE IT in the future.

No! :grr:

[no_hypocrisy]

12. Thank you for nicely making my point . . . n/t

[Ian David]

13. Why can't they use a "National Security Letter" to secretly "Sneak &-peak"

That's what ordinary Americans get, yes?

[jarab]

14. Otoh, rest assured Congress will find a way to put themselves (again) ...

above the law. Several times I wish I could have done that, but no.
"I am confident that in the next 45 days, the lawyers will figure out how to do it right."
...O...

[UTUSN]

17. So much for Beto resigning n/t

[Rose Siding]

19. Look how easy it is to deconstruct pieces of our govt

That took what- 4 days? It's almost funny. Now the gop will look like it is defending anti-corruption and the dems, so willing to cut Jefferson loose should the investigation play out the way it appeared, will have to go along with this or face political consequences.

Should anyone still not understand what one DUer described as ""one meaningless and arcane separation-of-powers protocol", scroll down at this link-

http://caselaw.lp.findlaw.com/data/constitution/article01/21.html

Privilege of Speech or Debate

Members .--This clause represents ''the culmination of a long struggle for parliamentary supremacy. Behind these simple phrases lies a history of conflict between the Commons and the Tudor and Stuart monarchs during which successive monarchs utilized the criminal and civil law to suppress and intimidate critical legislators. Since the Glorious Revolution in Britain, and throughout United States history, the privilege has been recognized as an important protection of the independence and integrity of the legislature.'' 380 So Justice Harlan explained the significance of the speech-and-debate clause, the ancestry of which traces back to a clause in the English Bill of Rights of 1689 381 and the history of which traces back almost to the beginning of the development of Parliament as an independent force. 382 ''In the American governmental structure the clause serves the additional function of reinforcing the separation of powers so deliberately established by the Founders.'' 383 ''The immunities of the Speech or Debate Clause were not written into the Constitution simply for the personal or private benefit of Members of Congress, but to protect the integrity of the legislative process by insuring the independence of individual legislators.'' 384
......MORE......

[Historic NY]

20. The offices are public and not private spaces........

and as such a search warrant would still be needed.

Section. 6.

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. 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.

[rocktivity]

21. Now all they have to do explain

why the offices of Delay, Cunningham and Hastert weren't raided. The FBI had at least as much probable cause.

:headbang:
rocknation

[WhiteTara]

22. what a misleading headline! It should have read Republicans

concede that it is alright. The House indicates House of Reps and Congress indicates both the House and the Senate. That may sound nitpicking, but it talks about the repukican leaders, Nancy Pelosi is noted as saying it was alright and she is the House Minority Leader. I'm tired of their lies, obfuscations, spin, demonizations, and in general all around horrible examples of humans.

[FreeStateDemocrat]

23. Damn right , brand them as the dysfunctional Republican Congress

Many voters in this country are not well informed enough to know the re-pukes control every branch of government and the Democratic Party has done a poor PR job of branding the bastards as being responsible for the mess we are in right now. It is the Republican administration, Republican House of Reps, Republican Senate, Republican lobbyist, Republican think tank "experts," and the Republican Supreme Court. Democrats cannot say this enough to educate a disinterested public as to who the Charlatans are in our government.