Sunday, May 28, 2006

Chicago Tribune Editorial - The FBI vs. Congress

Chicago Tribune Editorial - The FBI vs. Congress
Copyright © 2006, Chicago Tribune
Published May 28, 2006

When a member of Congress is implicated in gross abuse of his office, including allegedly accepting $100,000 in cash as a bribe, you would expect cries of outrage on Capitol Hill. But the angry chorus heard last week in the House of Representatives was not about the alleged misconduct of Rep. William Jefferson (D-La.). It was about the Justice Department's investigation of him.

It seems the FBI not only raided his home--where it said it found $90,000 stashed in his freezer--but carried out a search of his Washington office as well. House Speaker Dennis Hastert (R-Ill.) accused the Justice Department of trampling on the Constitution's separation of powers, and some House Republicans threatened to demand the dismissal of Atty. Gen. Alberto Gonzales. Democrats were equally furious.

As if that weren't enough, ABC News reported Hastert was being investigated as part of the Jack Abramoff probe. The speaker accused the Justice Department of leaking bogus information in retaliation for his complaints, a charge White House press secretary Tony Snow dismissed as "false, false, false."

In an effort to soothe feelings on Capitol Hill, President Bush announced he was sealing the Jefferson records for 45 days to allow time to resolve the disagreement. But Bush was right in stressing, "This investigation will go forward, and justice will be served."

Why the House leaders would pick this issue to declare war is a mystery. In the first place, the alleged conduct being investigated is disgraceful: The FBI says Jefferson accepted a large ownership stake in a Nigerian company in exchange for using his influence, and a former partner says the congressman collected more than $400,000 in payments.

If the charges are true, he was selling his office, a public trust, to the highest bidder--and damaging the reputation of the institution in which he serves. Jefferson hasn't done much to allay suspicion. While he says, "There are two sides to every story," he declined a reporter's invitation to deny taking a bribe. "I simply will decline to answer," he replied.

In the second place, the separation-of-powers principle does not put congressional offices beyond the reach of law enforcement. The constitutional provision cited by lawmakers protects them from being prosecuted for how they vote, but that's hardly the issue here.

If the executive branch abuses its police power to harass members--which is not easy to do, since search warrants have to be approved by a judge--Congress has ample means to protect itself. It can retaliate by cutting the president's budget, denying the FBI funding it wants, rejecting presidential appointees and any number of other ways.

In this case, there is no evidence that the FBI was doing anything but conducting a legitimate search for evidence of a crime. Based on what is alleged, the investigation is crucial to enforcing basic standards of honesty in Washington. The House should be applauding, not standing in the way.

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