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Rep. Jefferson Investigation Stalled in Court

May 15, 2007 1:01 PM

ABC News' Jason Ryan Reports:  An attorney for Rep. William Jefferson (D-La.) said Tuesday that an FBI search of his Congressional office was unconstitutional and asked for the return of every document seized by federal agents from his Capitol Hill office a year ago.

Jefferson has been in the crosshairs of a Virginia U.S. Attorney's office for allegedly accepting bribes to steer business to a communications firm in Nigeria.  Vernon Jackson, the CEO of that company, iGate, and Brett Pfeffer, a former aide to Jefferson both pleaded guilty to related charges last year.

Robert Trout, a lawyer for Jefferson said, "Every single document was reviewed by the Executive, the speech and debate clause protects the actual content of the documents... this privilege is absolute."

The speech and debate clause is the constitutional provision afforded to lawmakers protecting them in most cases from arrest or questioning while performing their legislative duties.

Jefferson won re-election last year despite being at the center of a federal bribery investigation. The Appeals Court is now considering how the documents should be reviewed and if the documents should be returned to Jefferson and his office.

Trout said that the infringement of the speech and debate clause could result in a chilling effect taking place among other members of Congress if the Appeals court does not overturn an order from District Court Judge Thomas Hogan, who approved the search.

"There will be this threat of fear and intimidation," Trout said.

"The Congressman can't be compelled to produce documents to the executive against their will... the work of the office has to go on." Trout said.

Michael Dreeben, Deputy Solicitor General, tried to counter Jefferson's argument telling the three-judge panel, "The question before the court is whether the defendant is given the keys to the evidence locker... What Congressman Jefferson is asking for is not in the speech and debate clause."

The Justice Department lawyer said the investigation has been facing a "massive delay" as investigators have been waiting to review the documents during the pending legal battle. The Justice Department has proposed using a team of separate agents, not involved in the investigation to review the materials and have the District Court review weather the materials are privileged or not.

This case appears to be stalled until the Appeals Court rules if Jefferson is entitled to review the materials which were seized by the FBI.

May 15, 2007 | Permalink | User Comments (0)

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