[Eugene Volokh, July 28, 2006 at 8:22pm] Trackbacks
Search of Congressman Jefferson's Office:

The AP reports:

A federal appeals court on Friday barred the Justice Department from reviewing evidence seized from a Louisiana congressman's office during an unprecedented FBI raid on his Capitol Hill office in May.

A three-judge panel ordered a federal trial judge to ensure that Democratic Rep. William Jefferson be given copies of seized evidence ... [so that Jefferson has the chance] to invoke legislative privilege claims in private with the trial judge.

Thanks to Ron Coleman (Dean's World) for the pointer. Unfortunately, I couldn't find the opinion on the D.C. Circuit site, findlaw, WESTLAW, or LEXIS, so don't have anything more to say about it yet.

Allen Asch (mail) (www):
All I could find on PACER was the July 25 Per Curiam Order I uploaded (in PDF format) to this link: Jefferson Order
7.28.2006 10:28pm
John Anderson:
Another blog claims the judge who will rule is the judge who earlier said the search was OK, and he will not just accept a blanket elimination of files but only those which are both confidential and relate only to Congressional business. Sounds OK.
7.29.2006 12:20am
PatHMV (mail) (www):
According to this story from the Baton Rouge, La. newspaper, the appellate panel included Judges David B. Sentelle, Janice Rogers Brown and Thomas B. Griffith.
7.29.2006 12:34am
Medis:
It will be interesting to see the opinion when it comes out. And I will also be interested to see if the DOJ asks for Supreme Court review.
7.29.2006 7:49am
PersonFromPorlock:
What would happen if the FBI, seeking to search Justice Jones's chambers at the USSC, went to Judge Smith (who was just reversed in a stinging opinion by Jones and was retiring shortly) for a warrant and proceeded directly, tactlessly but legally, to search Justice Jones's chambers and remove their choice of records from it.

D'you think the USSC might discover a separation-of-powers issue?
7.29.2006 8:52am
zzyz:
Wow. That's quite the panel there.
7.29.2006 1:11pm
Frank Drackmann (mail):
What if the seized evidence includes Natalee Holloways mummified head in a jar of formaldehyde? I wouldn't put it past that bastard.
7.29.2006 1:42pm
blackdoggerel (mail):
Damn those recent Bush appointees, kowtowing to the administration yet again! Oh, wait...
7.29.2006 4:17pm
Kevin L. Connors (mail) (www):
What history do we have of "legislative privilege"? This seems quite precedent setting to me.
7.29.2006 6:15pm
Guest44 (mail):
Speech or debate clause.
7.29.2006 7:04pm