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« The Incredible Shrinking SDLV | Main | In Looking At Comments »

The Hypocrisy Of Congress

Yeah, I know the title's almost redundant. Anyway, Glenn Reynolds has a roundup of links on new-found respect for freedom from search and seizure on the part of the House.

And no, I'm not a born-again critic of the NSA (though there's always been much to criticize them for, particularly when it comes to wasting the taxpayers' money on failed black programs and spending sprees). I just think that Newt and others doth protest too much in support of their obviously corrupt colleagues. As Glenn notes, I'll bet you'd find a lot more nefarious doings with unannounced searches of Congressional offices than from 435 random citizens.

[Late evening update]

For those who don't think that Congressman Jefferson is getting fair treatment, here is Byron York's response.

Posted by Rand Simberg at May 23, 2006 01:41 PM
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The executive branch is not supposed to search the offices of members of Congress. And it looks bad when the FBI didn't search any congressional offices in connection to the Abramoff scandal or the Duke Cunningham scandal, but did implement a search when it involved a Democratic congressman. It creates a perception of unequal enforcement of the law.

Posted by Barry Figarello at May 23, 2006 02:52 PM

The executive branch is not supposed to search the offices of members of Congress.

And who is supposed to? Is Congress above the law?

I don't think so. Immunity on the floor of Congress doesn't protect them from office searches.

If there's been unequal enforcement, let the Dems file a suit, and see where it goes.

Posted by Rand Simberg at May 23, 2006 03:07 PM

"If there's been unequal enforcement, let the Dems file a suit, and see where it goes."

I'd love to see the discovery phase on that one. :-D

Posted by Barbara Skolaut at May 23, 2006 05:13 PM

It appears the MSM fueled "culture of corruption" wagon has lost a wheel for now. As the contents of the freezer are examined, many Americans may wonder if the freezer burned sox and undergarments of Sandy Berger will be among them, and if they, too, will eventually join Bill Clinton's in our recent recollection of IRS keepsakes.

However, there is good news to report in that we have thus far been spared our Jesse Jackson Moment.

Thus far...

Posted by only jo at May 23, 2006 08:09 PM

The seperation of powers applies to the the nature of the powers described, the . . whatchamakalit "speach and debate" clause, is to prevent external interference without comprehensive oversighte by the third branch of government. it's a 2-1 argument when the executive clearly articulates cause, in accordance with the fourth ammendment, with the authorization of the courts, then it has the right. If this had occured during a vote, MAYBE there is a speach and debate argument, but not really.

The idea that as long as you are "in session" you are free of any legal action by the executive, who is tasked with enforcing the laws passed by the legislature, and with the oversight of the judicial is just plain ridiculous.

The guy was guilty way back when, but they needed to validate it, NOW they can, and the badguys supposed to get off scott free cuz he's talking and arguing?

No, that was not the intent of the authors, which is another thing that the legislature likes to cite when the executive executes it's powers.

notice the legistlature has no problem violating the rights and duties of the executive when it is politicaly expedient for them. but the executive isn't allowed to do it's job when a member of the legistlative branch is an outright criminal?

No.

(why does (number) four and T = questionable content? do you have some wierd japanese anime filter or something?)

Posted by Wickedpinto at May 23, 2006 10:01 PM

It was a warrant executed by the Executive Branch and approved for execution by the Judicial Branch.

Posted by Leland at May 24, 2006 07:12 AM

So if I understand this debate, some members of Congress think the separation of power means that Congress can impeach the President and in an investigation can look at anything they deem necessary. But if a member of that same Congress, while being suspected of malfeasance or corruption, is actually caught on film accepting a bribe, NOBODY has the authority to go find the money, whether its in with a frozen chuck roast or stashed in the Rayburn Building.

That's some catch, that catch-22.

On money lost on black projects. I am reminded of the scene in Independence Day when the under ground facility at Area-51 is revealed to the President, as follows:

(Bill Pullman)) President Thomas Whitmore: I don't understand, where does all this come from? How do you get funding for something like this?

(Judd Hirsch) Julius Levinson: You don't actually think they spend $20,000.00 on a hammer, $30,000.00 on a toilet seat do you?

Do we spend too much money as a nation, ABSO-FREAKIN-LUTELY!! But first we need to reign in money spent for pure self aggrandizing pork barrel projects tacked onto any necessary legislation such as bridges that go nowhere, teapot museums, midnight basketball and, my personal favorite, cow f@rts.

We can control the spending, by controlling whom we send to do that spending. And we need to get out of the mind set that the problem is the Senators and Representatives of the OTHER 49 states.

The voting record of everyone we send to D.C. is 0nline, so if you can read this blog, you can see if your elected officials are part of the solution or part of the problem. Vote accordingly next time.

Posted by Steve at May 24, 2006 07:14 AM

"So if I understand this debate... But if a member of that same Congress, while being suspected of malfeasance or corruption, is actually caught on film accepting a bribe, NOBODY has the authority to go find the money, whether its in with a frozen chuck roast or stashed in the Rayburn Building."

No, you don't understand it at all. Congressional leaders are not complaining about the search warrant executed on his home (where the freezer was). They're complaining about law enforcement officers of the executive branch searching offices in the _legislative_ branch.

Note that Speaker Hastert (a Republican, last time I checked) has now called for the return of the seized documents, and another Republican member of Congress has predicted that this will end up in the Supreme Court.

Note also that the Attorney General realized that there would be a certain sensitivity to the issue and tried to be careful with how the raid was conducted, recognizing that the executive is on shaky ground when searching legislative branch offices. Clearly the steps that the FBI supposedly took were not sufficient for congressional leaders--they object to the fact that the search took place at all.

And is it necessary to remind people that there is a Capitol Police Force?

Posted by Barry Figarello at May 24, 2006 01:08 PM

Barry,
I do understand it, I was typing with my tongue in my cheek. The seperation of powers between the branches, means they are supposed to keep each other in check. Denny Hastert is grasping at straws, and I suspect he knows it.

This will wind up in the Supreme Court, and they will find that the search was legal. They will find that new searches will be legal. They will find that having an office in the Rayburn Building does NOT give you what they really want, diplomatic immunity.

Posted by Steve at May 25, 2006 06:49 AM

"This will wind up in the Supreme Court, and they will find that the search was legal. They will find that new searches will be legal. They will find that having an office in the Rayburn Building does NOT give you what they really want, diplomatic immunity."

The latest is that Bush has ordered the records sealed. Seems he's having second thoughts, so the people licking the executive's boots on this issue can get off their knees temporarily.

Posted by Barry Figarello at May 25, 2006 04:47 PM

Mr Smith goes to Washington!!!!!!!! OH were are you when we need you? I Pray that I will live long enough to see that a person is elected to either of the two houses, that has some degree of honor and integrity. Sen Tom Coburn, comes as close to that discription that we have. And I can bet that his life with his colleagues is not a bed of roses. But perhaps he along with Rep Hayward from Az will keep up the fight for country and not for party or personal gain. Both houses are replete with political prostitutes I was told by Haserts office that US vs Brewster was the case law that prevented such searches, in fact I find upon reading this decision that such a search is authorized. Go wish upon another star you self centered Reps and Senators. You bring shame upon your houses as well as yourself and you continue to destroy the Constitution, the much honored and loved foundation of this once great country. Our elected officials have come close to destroying this country without a shot being fired. God help us.

Posted by j freeman at May 28, 2006 07:51 PM


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