The Separation of Powers

This raid on the offices of a Congressman:

Three of America’s top law officers, among them the
head of the FBI, have threatened to step down over alleged attempts to
halt an investigation into congressional corruption.

Alberto
Gonzales, the attorney general, Paul McNulty, his deputy, and Robert
Mueller, the FBI director, informed President George W Bush through
intermediaries last week that they would resign rather than let the
inquiry be blocked.

Their stand marked the latest twist in a saga which began when 15 FBI agents raided the offices of William Jefferson, a Democratic congressman at the centre of eight bribery investigations.

Well, I can see the point from Congress’ side. Allowing the executive to raid the offices and pore through the papers any time they want would rather change the balance of power between the two arms. And yet:

The FBI raid was sanctioned in a search warrant issued by a federal
judge. A wide range of legal experts and political commentators said
the law was applied correctly and that congressional rage is
unjustified.

So the search is legal.

Congressmen from both parties have said the search violated the
constitutional rights of the legislature. Some are even demanding they
be given advance notice of future FBI raids.

That sounds very much like Nixon’s defense. That the Presidency, as head of the executive, is in some way above the law. Didn’t work all that well back then and I doubt it’s going to work now.

I also think that Hastert et al’s insistence upon this is appalling politics: it’s a general feature of American life that while many might suspect that some are indeed above the law that isn’t something people will put up with when flaunted in their faces.

Challengers against incumbents in November must be licking their lips at this.

4 responses

  1. Can we shoot them now? Pleeease?

  2. The Remittance Man Avatar
    The Remittance Man

    I was reading the American Spectator the other day and while it is hardly a liberal organ, I doubt it would publish untruths knowingly.
    Accordintg to the article the FBI had subpeonaed Congressman William Jefferson eight months ago for the papers they wanted. A court order he ignored. That is why the Feds went to court to get a warrant.
    According to the AS the members of the FBI search team were specifically selected from agents NOT actually involved in the investigation. These agents in turn handed the seized documents over to a second team of scrutineers, also uninvolved with the actual investigation.
    The scrutineers’ job is to vet the seized papers to ensure that nothing “political” is released to the investigators, only those papers directly linked to Rep. Jefferson’s alleged corrupt dealings. Both the searchers and the scrutineers have been made to sign declarations that they will never reveal the contents of any paper that they have seen on pain of imprisonment.
    I too can see the problems of an executive arm of the state breaking into and searching the offices of an elected representative, but in this instance it certainly appears that the Feds have taken great pains to ensure that only those docuents that pertain to the alleged corruption of the Congressman will ever run the risk of being made public.
    But I also see a greater danger to the wellbeing of a democratic society when the elected representatives use constitutional protections to hide dirty dealings, as seems to be the case here.
    RM

  3. Agammamon Avatar
    Agammamon

    Its funny in a sad way, to listen to some of them complain about a raid on a colleaue’s *office* in which the agents were in suits and *walked* in through the door when so many of them support the dramatic increase in no-knock raids on citizens – even the use of these raids on what in earlier times would have been considered non-violent offenders like book-makers.

  4. The problem is that this office is supposed to be under the direct authority of Congress – it is a separation of powers issue.
    The English Civil War was started by the King entering Parliament to arrest 5 members including Cromwell & US constitutional history is drawn from ours. This guy is no Cromwell but the Americans do take their historical rights seriously – perhaps moreso than us.

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