Oh, dear, the FBI threatened to pick a lock to execute a valid search warrant. Had this been one of our homes or offices, they would have kicked in the damn door.

FBI agents who raided the office of Rep. William J. Jefferson (D-La.) last month threatened to pick the lock on the door after the acting U.S. Capitol Police chief asked them to hold off until a congressional lawyer showed up, according to a document filed in U.S. District Court.

Shortly after that, the FBI agents were let in.

The confrontation with Acting Chief Christopher M. McGaffin was cited in a brief filed by the Office of General Counsel for the House of Representatives as one of irregularities that made the search unconstitutional. Jefferson, the target of a federal bribery probe, has denied wrongdoing.

"The execution of the warrant poses a grave threat to the separation of powers principle that is the very foundation of our government's structure," the motion said.

Excuse me? Do I understand that the Capitol Police interfered with the execution of a lawfully issued search warrant? If so, why was Acting Chief Christopher M. McGaffin not taken into custody after delaying the investigation?

Now we have already established time and again that there is no privilege that grants a congressman the right to conduct criminal activity in a congressional office free from search or investigation. There is no threat to the separation of powers when a federal judge issues a warrant pursuant to the Fourth Amendment to search for evidence of a crime involving a member of Congress. Why are they even making this specious argument?

What I find particularly amusing is this part of the motion.

The motion, which recommends new protocols for congressional search warrants, suggested that the House counsel and Jefferson could have been present during the search to ensure legislative documents protected by the Speech or Debate Clause were not seized.

What? So Jefferson could have engaged in the same sort of actions he did when his home was searched -- moving and hiding relevant documents and lying to FBI agents about the documents he had in his possession? That is a non-starter.

I once had respect for the Capitol Police. However, the last couple of months make me wonder if they really are less competent and more corrupt than your average untrained, unarmed mall cops, between this and the Patrick Kennedy cover-up. Maybe Cynthia McKinney was right to bitch-slap one of them.

Posted by: Greg at 11:16 PM | No Comments | Add Comment
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