U.S. Challenges House Leaders on Searches

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House leaders who called the late-night search of Rep. William Jefferson's office unconstitutional seek special treatment for lawmakers that would allow them to block criminal investigations, the Justice Department said Tuesday. Democratic and Republican leaders essentially are calling for a member of Congress to be given notice of a search and to be allowed to be present for it, rights ''that are not available to any other person'' under constitutional protections against unreasonable searches and seizures, government lawyers said in a 27-page court filing.

If the House leaders have their way, lawmakers also would be able to determine what documents do not have to be turned over to investigators or cannot be used in prosecution, the department said. In that circumstance, ''a member of Congress could easily thwart a criminal investigation by unilaterally declaring certain documents to be privileged,'' the government said.

House Speaker Dennis Hastert, Democratic leader Nancy Pelosi, Majority Leader John Boehner, Republican Whip Roy Blunt and Democratic Whip Steny Hoyer last week asked a federal judge to declare unconstitutional the search of Jefferson's office May 20-21. Such a move could undermine part of a lengthy bribery investigation of the Louisiana Democrat. The leaders said the search was heavy-handed and threatened the balance of power in government. But they also acknowledged that the FBI has every right to investigate Jefferson.

Chief U.S. District Judge Thomas F. Hogan, who approved the warrant, has scheduled a hearing Friday. The FBI raid on a congressional office was the first ever, congressional and executive branch officials have said. The government employed teams of lawyers and investigators who are not involved with the case to sort through the documents in an effort to prevent material protected by the Constitution's separation of powers from being read by prosecutors, the department said.

http://www.nytimes.com/aponline/us/AP-Raid-on-Congress.html?_r=1&oref=slogin