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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.

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