Searching Congress
This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.
With the expiration of a 45-day cooling off period, things are heating up again for Rep. William Jefferson. This week, the congressman lost his appeal to a federal judge in Washington, who ruled that the Federal Bureau of Investigation’s — that is, the executive branch’s — search of Mr. Jefferson’s office in connection with an ongoing bribery investigation was constitutional. Mr. Jefferson, as well as a bipartisan group of his colleagues that included Speaker Hastert, had called the search an unconstitutional violation of the so-called Speech and Debate Clause that protects legislators from executive or judicial harassment while conducting their official duties.
Judge Thomas Hogan, a Reagan appointee, wasn’t having any of it. Mr. Jefferson and allies had argued that even though the alleged bribery and related documents were not protected “speech or debate,” the search was unconstitutional because FBI agents happened to seize documents from the office that were related to the congressman’s official duties. Judge Hogan allowed the search anyway after concluding that the FBI had set up an adequate system to filter out and return any privileged material.
Although Mr. Jefferson says he’ll appeal the decision, it’s past time for the House to start policing itself. Earlier we noted that if congressmen are unhappy about this unwanted executive intrusion they have only themselves to blame. By making it a felony to bribe a congressman, the solons left the FBI with little choice but to search Rep. Jefferson’s office once agents suspected bribery might be taking place. Better, we argued, to decriminalize bribery and instead make it a violation of House rules that the representatives themselves could enforce.
Instead, they have become reliant on executive-branch prosecutors to police them. Members of the House weren’t even willing to go on record with their views on whether Rep. Jefferson should keep his seat on the Ways and Means committee — they removed him last month by voice vote, sneaking around a recorded vote. Until Congress becomes more interested in enforcing its own standards instead of hiding behind supposed constitutional privileges, it’s going to be hard for constitutionalists to take their side.
