Breaking: Federal appeals court rules FBI raid on “Fridge” Jefferson’s office was unconstitutional
Via AP:
WASHINGTON β The FBI violated the Constitution when agents raided U.S. Rep. William Jefferson’s office last year and viewed legislative documents, a federal appeals court ruled Friday.
The court ordered the Justice Department to return any privileged documents it seized from the Louisiana Democrat’s office on Capitol Hill. The court did not order the return of all the documents seized in the raid.
Jefferson argued that the raid trampled on congressional independence. The Justice Department said that declaring the search unconstitutional would essentially prohibit the FBI from ever looking at a lawmaker’s documents.
The U.S. Court of Appeals for the District of Columbia Circuit, nonetheless, sided with Jefferson on the constitutional issue.
“The review of the Congressman’s paper files when the search was executed exposed legislative material to the Executive,” and violated the Constitution, the court wrote. “The Congressman is entitled to the return of documents that the court determines to be privileged.”
Here’s the PDF of the opinion.
I think we have a judge here who is trying to find a law that doesn’t exist, but I’m not a legal expert and will defer to the opinions of the esteemed legal team at the Volokh Conspiracy, where I’m sure we’ll see something on this later today.
Prior:
- Rep. William “Fridge” Jefferson indicted on 16 counts (MORE: WILL JEFFERSON BE EXPELLED FROM CONGRESS?)
- Rep. William “Fridge” Jefferson fights to keep feds out of his Congressional office
- Immersed in a bribery scandal, re-elected Rep. William “Refrigerator” Jefferson receives a standing ovation from Congressional Black Caucus
- Louisiana’s 2nd district runoff election: Will Rep. William Jefferson be able to retain his seat? (UPDATE-JEFFERSON WINS)
- Court blocks Justice Department from reviewing seized files from Jefferson’s office
- Take that, Congress: Federal judge rules raid was legal
- Jefferson stripped of seat on House Ways and Means Committee, cries racism
- ABC News poll: 86% favor FBI searching Congressional offices with a warrant
- More strange bedfellows in the Jefferson case
- Feds were ready to take a stand in Jefferson case
- Rep. Jefferson – the latest news
- Way to go, Republicans in Congress!
- Ray Nagin wins again in New Orleans mayoral election (w/ news on Rep. Jefferson scandal)