Now they’re about worried administration overreach?

Given the partisan circumstances, you’d think congressional [tag]Republicans[/tag] would be thrilled that the [tag]FBI[/tag] [tag]raid[/tag]ed Rep. [tag]William Jefferson[/tag]’s (D-La.) House office as part of a serious corruption investigation. As it turns out, just the opposite is true. It’s not the federal investigation GOP lawmakers mind — it’s the trespassing.

After years of quietly acceding to the [tag]Bush[/tag] [tag]administration[/tag]’s assertions of executive power, the Republican-led [tag]Congress[/tag] hit a limit this weekend.

Resentment boiled among senior Republicans for a second day on Tuesday after a team of warrant-bearing agents from the Federal Bureau of Investigation turned up at a closed House office building on Saturday evening, demanded entry to the office of a lawmaker and spent the night going through his files.

The episode prompted cries of constitutional foul from Republicans — even though the lawmaker in question, Representative William J. Jefferson of Louisiana, is a [tag]Democrat[/tag] whose involvement in a bribery case has made him an obvious partisan political target.

This is no minor disagreement. House Speaker [tag]Dennis Hastert[/tag] reportedly yelled at the White House yesterday and said in a statement, “The actions of the Justice Department in seeking and executing this warrant raise important Constitutional issues that go well beyond the specifics of this case.” [tag]Bill Frist[/tag] said he is “very concerned” about the incident and would ask the Senate counsel to review it. Former House speaker [tag]Newt Gingrich[/tag] suggested the raid was “on the edge of a constitutional confrontation,” adding that the incident was “the most blatant violation of the Constitutional [tag]Separation of Powers[/tag] in my lifetime.”

[tag]John Boehner[/tag] is talking about taking the issue to the Supreme Court and told one reporter, “When I raise my right hand and swear to uphold and defend the Constitution of the United States, I mean it. They [at the Justice Department] take the same oath, so somebody better start reading the Constitution down there.”

In other words, after nearly six years of constitutional abuses, now congressional Republicans are worried about Bush administration [tag]overreach[/tag]. Welcome to the party, guys.

As Kevin noted, it’s interesting timing.

After six years of signing statements, domestic surveillance, habeus corpus violations, torture of prisoners, and secret overseas prisons — all done with no oversight from Congress — what finally woke them up was a raid on a congressman’s office. That can’t be tolerated. Not for one second.

Well, maybe not. But at least the FBI got a search [tag]warrant[/tag] signed by a judge. Congress should feel lucky they were treated with such sensitivity.

There is also, of course, the question of partisanship. Duke Cunningham was caught, dead to rights, in a massive corruption scandal, but the FBI never felt compelled to raid his congressional office. The FBI is still investigating other Republicans of the House Appropriations Committee for alleged corruption, but officials haven’t come with subpoenas for an over-night document-collecting get-together. But when it came to Jefferson, 15 FBI agents raided his office.

Dems can’t help but be a little suspicious.

Asked why Justice raided the office of Jefferson, a Democrat, but has not raided any Republican offices during the current wave of corruption investigations, [House Minority Whip [tag]Steny Hoyer[/tag] (D-Md.)] said: “It certainly raises questions as to why the Republican Justice Department acted here. … There certainly has been disparate treatment between Jefferson and others.”

Stay tuned.

Republican congressional watchdogs awaken only when the confidential secret files in THEIR offices are endangered. It makes sense that the culture of corruption republican congress would be sensitive about “an over-night document-collecting get-together”.

  • Republicans are starting to grasp that the Democrats will regain power, and if they allow this raid to go unchallenged the Dems might be able to use it as a precedent. Not that they need to worry with the current generation of Dems, but this is the way of such people – they expect to be treated how they would treat others.

  • The back of my mind tells me that maybe some leading Dems spoke to some GOP leaders and said: “Look fellahs, if you don’t come out against this strongly now, remember that there may be a new sheriff(s) in town between now and 2008. And we can’t necessarily say how that new sheriff(s) will handle similar things, you know what I mean? Every congressman accused of some sort of wrongdoing, his or her offices being raided? Could get pretty messy. But if you stop this now, maybe we can talk to the new sheriff(s) and teach him or her about how such things should be handled. Capisce?

  • I think that anything that wakes up Congress to the fact that they are a co-equal branch of the federal government is a good thing.

    What I think is funny is that this will accelerate the battle between the Republican Congress and the President. So far Republicans have avoided campaigning with the President. After this they may actually campaign ‘against’ the President.

    Also intelligence agencies and the Congress may start to cooperate more because they have a common enemy in Bush.

  • There are three possibilities that I see. The first is that the outrage is genuine. After all the raid was unprecedented. The second is the one expressed by kali and Xeroman; they have something to hide and the raid is making them sweat. The third possibility is that they can’t stand up to the administration on all of the other abuses, enemy combatants, extraordinary rendition, signing statements, torture, data-mining, and warrantless domestic eavesdropping, because these are all tied to the war on terror which is a Republican brand. This raid gives them an opportunity to posture against the presidential abuse of power and still hit Democrats for being soft on terror when they take on the more serious abuses listed above.

    My guess is that it is some combination of the second and third possibilities.

  • Republican leaders could not be reached for comment today because they were all home cleaning out their freezers.

  • Much as I’d like to believe Jefferson was handled differently because he was a Democrat, I really think it has to do with the more blatent criminal endeavors he was mixed up in, and the fact that there was likely something they were looking for that they didn’t already find in his freezer.

    In short, Jefferson was probably stupid enough to have compelling evidence in his office and I have NO sympathy for the him or any other Congressmen who gets raided. Perhaps the FBI should not have gone around the Capitol Police, and executed a joint operation, but other than that, these clowns can all shut the fuck up.

    All of this clutching a pearls by the likes of Boehner and Hastert is because they are raising a stink in an attempt to fend off similar treatment.

    I can see the Constitutional/Separation of Powers argument in theory, but at this point, I’ll take my housecleaning however I can get it.

  • It seems to me the Republican leadership in Congress is more concerned about their own personal privacy than they are about the personal privacy of their constituents, the very people that those in House and Senate are supposed to protect.

    At least somebody in the Executive branch went through the trouble of getting a warrant.

  • Hastert…Frist…Boehner…aren’t these the same guys who, for years now, have been pandering the idea that “You’ve got nothing to be afraid of if you’ve nothing to hide?” Well—here’s their chance—their last and best chance, by the way—to get out from under the rock, and do something about this running-amok idiot of a chief executive. Wouldn’t it be funny if “one of their own” suddenly started mentioning terms such as “censure”—or even “impeachment?”

    “It is to laugh,” as Shakespeare once said….

  • I think it odd (well, worthy of note) that the only raid on a Congressional office in all of our history cames to a man who just happens to be black. The “Willie Horton’ spirit lives on in the GOP.

    Obviously this administration has no respect for either of the other branches of government.

    I want to know why no Democrat has seen fit to begin caucus hearings aimed at learning whether dismissal from Congress is called for. Are you listening, Nancy?

  • Commenter Peter CB at SCOTUSblog gives a legal analysis of separations issue and he doesn’t think it has much merit. Here is the meat of it.

    The idea that the executive branch can invade a congressional office and become privy to all sorts of legislative discourse – confidential or otherwise – is in direct violation of the Speech and Debate Clause, to be sure. Generally, Speaker Hastert et al would have every right to cry constitutional foul. However, the framers included the three exceptions that make Saturday’s search completely in line with constitutional practice: Treason, Felony, and Breach of the Peace. In other words, the clause does not give Congress carte blanche immunity from all proceedings, even while going about their official legislative duties. While Congressman Jefferson’s alleged conduct hardly qualifies as treason, dubiously qualifies as breach of peace, it most certainly is a felony. Under the Hastert and Boehner’s reading of the “constitutional crisis,” members of congress should enjoy something close to an island of immunity surrounding their offices and other official installations. Taken to its extreme, members could hide everything from incriminating documents to severed limbs in their offices and cite legislative privilege to preclude investigation, since those searching might uncover documents or materials that are, constitutionally, protected from such.

  • It seems to me the Republican leadership in Congress is more concerned about their own personal privacy than they are about the personal privacy of their constituents, the very people that those in House and Senate are supposed to protect.

    this is absolutely correct and why the GOP is so disgusting. Wake UP America! We must vote these jokers out!

  • Sadly, I’ve been away from my keyboard. But you all have covered all the bases as far as I can see. I’m with Kali and Xeroxman on this. The Republicanites just don’t want their offices raided next. After all, the first reaction to the Jefferson raid is “Why not Delay and Ney?”.

  • I guess I don’t have that much a problem with it except for the fact that one – Gonzales is AG, Bush is President, and Cheney is VP and two republican congressmen don’t seem to get the same treatment. I am a bit suspicious as well.

  • I think the whole Jefferson thing at this point is pretty weird. What with the videotapes, the audio evidence, and the fact that they found the frozen funds in his possession, they’ve pretty much got the Congressman dead to rights. But all of this happened months ago. Why hasn’t he been arrested and charged until now? Did they read Jason Leopold’s piece and believe that Rove was about to be indicted? Yeah, Jefferson’s a crook, but so are the so-called authorities in this case.

  • …and the Republicans would dearly love to keep Jefferson’s name front and center in the press rather than those of their own troubled members…

  • I think they are worried that since they have been exhibiting new found bravery against the Bush Administration, that raids would be a way of bringing them back into obedience. When they were all so orderly there was no need for subtle threats of this nature.

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