TPMm Reader JS writes in:
I have been struck by how differently the alleged bribery of Rep. Jefferson has been handled than, say, the Duke Cunningham bribery scandal.
Is there even a precedent for a congressional office to be searched?
The FBI’s raid of Jefferson’s Congressional office is a remarkable development – without precedent, it seems. Here’s Roll Call yesterday:
This is believed to be the first-ever FBI raid on a Congressional office…..
The FBI affidavit states that agents adopted âspecial proceduresâ to assure that âpotentially politically sensitive, non-responsive items in the Officeâ would not be seized. The procedures included using FBI agents âwho have no substantive roleâ in the investigation, referred to as ânon-case agents.â
A âFilter Teamâ made up of lawyers from the U.S. Attorneyâs office in Alexandria, Va., and the Justice Departmentâs Criminal Division, Fraud Section, as well as an FBI special agent, will sift through any documents seized. If any are found to be non-germane to the probe, they will be returned to Jeffersonâs office within 10 business days.
The âFilter Teamâ will also review the other documents to make sure they do not fall under the Constitutionâs Speech or Debate clause â the Congressional privilege that protects lawmakers and staffers from being charged with criminal acts for conducting official legislative business. Jeffersonâs lawyer will be given a list of documents that may meet that privilege, and prosecutors will not be informed of their contents. A federal judge will then review them for admissibility in any prosecution of Jefferson.
On the first point – whether Jefferson’s case has been handled any differently from Cunningham’s – I’d keep in mind that Cunningham gave in and pled guilty a mere five months after the FBI had opened their case. The FBI has been investigating Jefferson since March of 2005, and after flirting with the idea of a plea deal, Jefferson has clearly decided to fight prosecutors tooth and nail. If Duke had stood his ground, we might have eventually been treated to the same show.