Thursday, May 25, 2006

No Controlling Legal Authority

Congress only wishes that it was immune from the same laws that they inflict on us.

The FBI raid on Rep. William Jefferson's congressional office was an aggressive tactic that broke a long-standing political custom. But while it might violate the spirit of the Constitution, it might not violate the letter of the document or subsequent rulings by the Supreme Court, legal analysts say.

The issue could turn on whether a court finds that the items seized from Jefferson's office were related to such protected legislative activities as writing, researching and voting on bills. Other things could be fair game for the prosecution, analysts said.

"An official legislative act is immune, but interference with anything beyond that" is not covered by the constitutional provision that shields Congress from executive and judicial branch interference, said Michael J. Glennon, a former legal counsel to the Senate Foreign Relations Committee who teaches at Tufts University's Fletcher School of Law and Diplomacy.

0 Comments:

Post a Comment

Subscribe to Post Comments [Atom]

<< Home