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[personal profile] somedaybitch
Glenn, a law school professor, discusses the Jefferson bribery search warrant". he includes case law links, including this bit from a sub-only article. the person answering the questions is an NYU law professor.


What do you make of the arguments from members of Congress?

"They're reading [the speech and debate clause] very broadly, more broadly than I think is even remotely justifiable," she says. There have been other cases where members of Congress have been subjected to criminal process for things that take place outside of their legislative duties; Ms. Barkow says she doesn't see any reason why a search warrant couldn't be executed on a congressional office.

What about the argument that this FBI raid represents an extension of the power of the executive branch?

The FBI is an arm of the executive branch. But the warrant was approved through the courts, part of the judiciary branch. "It's not unilateral executive action. It was done with approval of the judiciary in so far as they had to get a warrant," Ms. Barkow says.


:::emphasis mine:::

i meant to comment on this case before, but i forgot. i think Hastert and Co are being UNBELIEVABLY stupid, and Hastert can happily get off my side.

Date: 2006-05-27 09:17 pm (UTC)
From: [identity profile] raincitygirl.livejournal.com
I know! The guy had ninety thousand dollars in cash in his freezer! I suppose it's *possible* there's an innocent explanation, but I'm having a darn hard time thinking of one. I'm thinking a guy who stores bribe money in his freezer may not be somebody to get all excited over protecting. Heck, his own party is trying to boot him, and rightly so.

Date: 2006-05-27 09:20 pm (UTC)
From: [identity profile] somedaybitch.livejournal.com
ayup. and the only rational reason i can see for a bipartisan protest of the search warrants is tangential guilt.

Date: 2006-05-28 08:37 am (UTC)
From: [identity profile] thevaliumsofalj.livejournal.com
I've been meaning to write a couple of letters to my reps to let them know that protesting this search warrant and seizure of materials would be really, really bad for them...

Date: 2006-05-28 07:21 pm (UTC)
From: [identity profile] somedaybitch.livejournal.com
well, yeah. and how can they not see that? because really, it only makes *them* look guilty, otherwise, why protest it?

Date: 2006-05-29 05:10 pm (UTC)
From: [identity profile] arthurfrdent.livejournal.com
I think in some ways the congressional ability to realize how they sound to the public is diluted by their feeling that they are special or was that deluded :devil: I think the public is mostly seeing through the charade, simply because they already believe that a lot of congress is on the take anyway. Although noteably, no-one ever thinks it's their own congressperson...

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