Friday, August 03, 2007


Court: FBI Violated Constitution in Raid

ABC News - The FBI violated the Constitution when agents raided U.S. Rep. William Jefferson's office last year and viewed legislative documents in a corruption investigation, a federal appeals court ruled Friday.

The court ordered the Justice Department to return any legislative documents it seized from the Louisiana Democrat's office on Capitol Hill. The court did not order the return of all the documents seized in the raid and did not say whether prosecutors could use any of the records against Jefferson in their bribery case.

Jefferson argued that the first-of-its-kind raid trampled congressional independence. The Constitution prohibits the executive branch from using its law enforcement powers to interfere with the lawmaking process. The Justice Department said that declaring the search unconstitutional would essentially prohibit the FBI from ever looking at a lawmaker's documents.

The U.S. Court of Appeals for the District of Columbia Circuit rejected that claim. The court held that, while the search itself was constitutional, FBI agents crossed the line when they viewed every record in the office without giving Jefferson the chance to argue that some documents involved legislative business.

"The review of the Congressman's paper files when the search was executed exposed legislative material to the Executive" and violated the Constitution, the court wrote. "The Congressman is entitled to the return of documents that the court determines to be privileged."

The raid was part of a 16-month international bribery investigation of Jefferson, who allegedly accepted $100,000 from a telecommunications businessman, $90,000 of which was later recovered in a freezer in the congressman's Washington home.

Jefferson pleaded not guilty in June to charges of soliciting more than $500,000 in bribes while using his office to broker business deals in Africa. The Justice Department said it built that case without using the disputed documents from the raid.

The court did not rule whether, because portions of the search were illegal, prosecutors should be barred from using any of the records in their case against Jefferson. That will be decided by the federal judge in Virginia who is presiding over the criminal case.


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