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.
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