Webloggin » Hastert Joins with Pelosi - Demand Return of Seized Files

You know that something is amiss when Dennis Hastert, Republican Speaker of the House, aligns himself with Nancy Pelosi in defense of William Jefferson who just happened to get caught with $90,000 tucked away in his freezer.

Hastert and Pelosi have joined forces in an effort to have the FBI return the evidence they obtained in a search of Jefferson’s capital hill office.

The constitutional clash pitting Congress against the executive branch escalated Wednesday as the Republican and Democratic leaders of the House demanded the immediate return of materials seized by federal agents when they searched the office of a House member who is under investigation in a corruption case.

The demand, by Speaker J. Dennis Hastert, Republican of Illinois, and Representative Nancy Pelosi of California, the Democratic leader, underscored the degree of the anger generated among members of both parties on Capitol Hill by the search on Saturday night at the office of Representative William J. Jefferson, Democrat of Louisiana, who has been accused of accepting bribes. - NY Times

Is it any wonder that the nation as a whole views both sides of congress with contempt and disapproval? It is apparent that Hastert and Pelosi believe that members of Congress live outside the laws that were put into place to govern the rest of us common folk. But that just won’t fly.

There is no bigger threat to a government than corruption from the inside. The protection clauses in the Constitution were not meant to provide sanctuary for corrupt politicians.

The Washington Post has an analysis of the Constitutional Issues vesus ettiquette.

The issue could turn on whether a court finds that the items seized from Jefferson’s office were related to such protected legislative activities as writing, researching and voting on bills. Other things could be fair game for the prosecution, analysts said.

Both the search warrant for Jefferson’s office and the raid to execute it were unprecedented in the 219-year history of the Constitution. In that sense, they violated an interbranch understanding rooted in the separation of powers

“It’s really a matter of etiquette,” said Akhil Reed Amar, a professor of constitutional law at Yale University. “I don’t see any constitutional principle here.” …

The Speech and Debate Clause, contained in Article I, Section 6 of the Constitution, says that members of the House and Senate “shall in all Cases, except Treason, Felony, and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other place.”

It was meant to safeguard the independence of Congress against executive branch intimidation, of the kind the Founders had witnessed under King George III’s colonial governors, and harassment from private lawsuits.

This is a silly issue for Hastert to have attached himself to. The Supreme Court has taken up this issue before and the lines have been set; clearly indicating that the protection only applies to papers, speeches and activities that are “essential” to legislative acts or the motives behind them, such as floor statements or committee reports.

The move by Hastert gives the appearance that he has something to hide; which could be the case as ABC news is reporting. ABC claims that Hastert is under FBI investigation in a bribery scheme involving Jack Abramoff and the blocking of a Casino deal that would have gone against Abramoff’s interests. The FBI and DOJ deny that Hastert is under investigation which adds a whole new twist to the story.

Republicans should look hard and deep at their representatives. We need politicians who will stand up and lead as opposed to the birds of a feather protection of corruption that is displayed in these events.

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Captains Quarters - Post: Hastert, Boehner Have No Clue
Michelle Malkin - ‘WHAT’S THE DEAL WITH HASTERT?’
Unpartiasan.com - Legislator under investigation by Nixon
Flaps Blog - Speaker of the House Dennis Hastert Watch: Under Investigation or Not?
Capital region People - Trouble with Mister Speaker
Left Wing = Hate - Culture of Corruption: Liberal “Wag the Dog” Media making up “High Level Sources” in attempt to bring down Republican Leadership in Congress
California Conservative - What Constitutional Crisis?
The Moderate Voice - FBI Investigating Denny Hastert
Wizbang - The Hastert “In the Mix” Story
Iowa Voice - Hastert Under Investigation?