CAN THE EXECUTIVE BRANCH SEARCH OFFICES OF A LEGISLATOR?

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political : CAN THE EXECUTIVE BRANCH SEARCH OFFICES OF A LEGISLATOR?

[+] serious ballot by Cathexis
ACTIVE Fri May 26, 06 - Tue Nov 11, 08
As of this ballot posting, US Federal Bureau of Investigation agents have raided Congressman William Jefferson's (D-LA) offices, on orders from the Executive branch. Federal agents entered the office of this member of the Legislative branch and spent hours going through that office, removing materials they deemed necessary to an investigation.

Note that this kind of action has been hereto unheard of, in US history.

Even rubber-stamping House Speaker Dennis Hastert has become aploplectic at the perceived infraction of the Executive branch's regard for 'equal branches' of government.

Put aside, for a moment, any partisan favoritism (especially since this is GOP on GOP violence).

Put aside whether you believe Jefferson was guilty or not.

Look at the *principles* and ramifications of any decision regarding the legality/ desirability of this action.

Do you believe the Executive Branch has the authority to undertake a search of the offices of a member of the Legislative Branch?

Yes: The Exec branch has (and/or should have) that authority
No: The Exec branch does not (and/or should not) have that authority
If they had a warrant then Yes

Ballot #94836 : SEE RESULTS

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COMMENTS:
Have to admit, I was conflicted, at first.

On one hand, Williams appears unquestionably guilty (videotaped and money found in his freezer), IMO. And the FBI went through the correct procedure and got a court order (nice change of pace for the Exec branch).

Also, Haster's legal citations (Constitutional) seem to me to be stretched. A Congressman should not be immune from laws affecting everyone else ...

BUT ...

What about the probability (after seeing this Administration in action) that this power would be abused and wielded as a form of intimidation against the legislature or against political enemies? Would this not, in effect, constitute an undermining of the checks and balances between the branches of government.

I have reluctantly become inclined to believe that it would.

by Cathexis on Fri May 26, 06 8:11am [+]

I can't believe I am actually agreeing (in general principle) with Dennis Hastert ... !

by Cathexis on Fri May 26, 06 8:27am [+]

Actually, I think that they do after a quick look at some documents at findlaw. Activity and documents related to "speech and debate" and legislative activity are immune except in cases of treason, etc. A member of congress cannot be arrested in Congress though. However, accepting bribes is hardly "legislative activity". A search warrant was obtained for this and care was taken to not take material related to legitimate legislative activity.

The FBI has certainly investigated members of congress before (ABSCAM). I don't see a reason why they should be immune.

by FiddleFaddleOnLSD on Fri May 26, 06 8:51am [+]

the exectutive branch should not have that kind of power.

by Kev24 on Fri May 26, 06 9:04am [+]

Did the feds have a warrant?If so then the Executive had the right to search the legislator.Remember that the job of the Executive is to enforce the laws on everyone and anyone reguardless if they are a congressman or a bum.

by Corrupt on Fri May 26, 06 9:31am [+]

Corrupt: My understanding is that they did have a warrant.

by Cathexis on Fri May 26, 06 9:58am [+]

Well it isn't that simple the judicial branch signed a warrant authorizing the executive branch to investigate/seize documents from the legialative. It realy involves all three branches.

Bush ordered the documents seized by the Solicitor General for 45 days. The SG is the person who represents the government before the Surpreme Court.

by Ignatius_J_Reilly on Fri May 26, 06 10:20am [+]

Not even if they *did* have a warrant. Leave this to the FBI. It's *their job*. This makes me wonder what Mister Bush has to hide *this* week.

by Truthseeker013 on Fri May 26, 06 1:24pm [+]

The Supreme Court is going to decide this one and soon.

From my viewpoint it sounds like congresspeople who want to be above the law.

by Ignatius_J_Reilly on Fri May 26, 06 11:52pm [+]

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