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BREAKING: Court Rules - FBI Hill Office Raid Violated Constitution

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kpete Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 09:32 AM
Original message
BREAKING: Court Rules - FBI Hill Office Raid Violated Constitution
Edited on Fri Aug-03-07 09:33 AM by kpete
Court: FBI violated Constitution in raid


By MATT APUZZO Associated Press Writer
© 2007 The Associated Press


WASHINGTON — The FBI violated the Constitution when agents raided U.S. Rep. William Jefferson's office last year and viewed legislative documents, a federal appeals court ruled Friday.

The court ordered the Justice Department to return any privileged documents it seized from the Louisiana Democrat's office on Capitol Hill. The court did not order the return of all the documents seized in the raid.

Jefferson argued that the raid trampled on congressional independence. The Justice Department said declaring the search unconstitutional would essentially prohibit the FBI from ever looking at a lawmaker's documents.

The U.S. Court of Appeals for the District of Columbia Circuit sided with Jefferson on the constitutional issue.

http://www.chron.com/disp/story.mpl/ap/politics/5024754.html
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 09:33 AM
Response to Original message
1. Good for the court.
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The Backlash Cometh Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 09:39 AM
Response to Reply #1
3. You think?
From Bill Clinton to William Jefferson, the Republicans have always found a way to get around the laws to send submarine-size periscopes up the Democrat's rectums. And now that they managed to weaken/and or destroy their opponents, NOW the courts side with civil liberties? Just when the Democrats could really use that kind of power to get around all their ignored subpoenas?
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Buzz Clik Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 10:03 AM
Response to Reply #3
14. I think so.
Any day that the Constitution is upheld, it's a good day.
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The Backlash Cometh Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 10:17 AM
Response to Reply #14
17. The Republicans are counting on you saying that.
You know, there's a scene in The Patriot that really gets to me. As much as I don't care for Mel Gibson and his typecasting. It's that scene where you see him regress to Indian savagery in order to protect his family. In the same era, the redcoats lost because they believed in a civilized formation, while the rebels hid behind trees.

The point is, you're dealing with Republicans who wouldn't think twice about shitting on your civil rights in order to get what they want. And they're going to shit on the investigative process to stall justice and punishment for what they've done. They will never get a just punishment for all the abuses they have done in the last seven years.

One year. That's all we needed. One year of our own Ken Starr to make up for all those stolen campaign computers, Repub-thug halted elections, illegal wire-tappings which probably were used against the Republican's political opponents.

One year. And then I'll be a good little girl who believes in ideology at my own expense, again.
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Buzz Clik Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 10:23 AM
Response to Reply #17
18. So you want this country to turn into a toilet? I don't.
I'd just as soon have the Dems lead us out of this mess rather than prove to the GOP that we can be assholes, too.
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The Backlash Cometh Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 10:26 AM
Response to Reply #18
20. Erm. It's already in the toilet.
And I also would love to see the Dems lead us out of this mess. Wake me up when they decide to take the mantle of power.
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 10:38 AM
Response to Reply #20
24. Yes it is.
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Richard Steele Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 10:31 AM
Response to Reply #14
22. I agree.
If Jefferson is dirty, I'm certain that an honest
investigation could deal with him without violating
230 years of Constitutional law and precedent.

The UNPRECEDENTED raid was an intimidation stunt,
conducted by a Justice Dept which we all know by now
has no problem abusing its authority whenever such
abuse will assist Repubs.

Compare this to the PRIOR NOTICE they gave Ted Stevens
before serving the search warrant on his house this week.

Some animals are OBVIOUSLY "more equal than others"
here in the B*sh-Era Homeland.
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Buzz Clik Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 10:39 AM
Response to Reply #22
25. well said. n/t
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 10:39 AM
Response to Reply #22
26. soooooooooo right dicksteele! Some more equal than others!
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The Backlash Cometh Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 10:39 AM
Response to Reply #22
27. You see. Two different set of rules.
And it will continue going that way as long as Democrats are the only ones that really give a damn about civil rights 100% of the time, regardless of who is in control.
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Canuckistanian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 11:10 AM
Response to Reply #22
35. Good post
Seems to sum it up rather well.
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 10:47 AM
Response to Reply #3
30. I will always side with the constitution. Don't you know me by now?
The reason we're in such a mess is it has been abandoned.
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The Backlash Cometh Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 10:54 AM
Response to Reply #30
34. Restoring a true constitutional process is only half the battle.
The second half requires punishing those who abused it so that no one will come after them and try to do it again. This is why so many of my Republican relatives think it's normal to have Republican administrations come in after Democratic administration to clean out the coffers. They really believe that putting that money back into the system charges up our economy. That's why they don't care if these present Republicans get punished or not. Well, maybe this time it will be different, because Bush didn't do a good job of spreading the wealth enough.
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Sherman A1 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 09:39 AM
Response to Original message
2. About Time
that someone started reading the Constitution.

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The Backlash Cometh Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 09:40 AM
Response to Reply #2
4. Yep. Just when the Democrats are about to inherit all that power.
Time to close the loopholes before they use them against Republicans.
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Sherman A1 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 09:51 AM
Response to Reply #4
9. I am
afraid we will have to disagree on this one. I don't think the FBI gets to poke their nose into everything, just because they are the FBI. Jennings may be a crook, but I don't want Dems or Republicans violating separation of powers.

That's my opinion and I am sure you have yours as well,

So I suspect we must agree to disagree.

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The Backlash Cometh Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 09:58 AM
Response to Reply #9
12. My opinion is that there is a recurring pattern.
Edited on Fri Aug-03-07 09:58 AM by The Backlash Cometh
Civil rights only get any attention when Democrats have full power for two reasons: (1) Because the Republicans want to be protected from abuses that they wouldn't think twice about doing to Democrats when Repubs are in power and; (2) because the Democrats cave in on the issue since it's the foundation of their political philosophy.

Really, what good is this going to do for William Jefferson? He's out politically, because he should be, but we just lost a tool which the Republicans have been using without challenge for several years.
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merh Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 09:53 AM
Response to Reply #4
10. Oh, so you hate the sacks of shits for their violations of the
constitution and our laws, but you want to do it too when we get the power?

If you ask a seasoned and effective criminal defense lawyer why it is he defends criminals he will tell you that he isn't defending the criminal, he is ensuring his rights as guaranteed under the constitution are protected. He will tell you that the state violating one man's rights violates all of our rights and that even the most heinous criminal deserves to have his rights protected and a fundamentally fair trial.

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The Backlash Cometh Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 10:02 AM
Response to Reply #10
13. What was their hurry?
Time is of the essence. Pelosi is doing shit nothing to move impeachment further and won't unless someone digs up something so juicy that she has no other choice.

I'm saying, that we needed at least a year, just one year to turn the Republican's own weapon against them.

If nothing else, I hope the Democrats are smart enough to publicize the difference between the two styles of government. One routinely breaks the laws, the other obeys it TO A FAULT, even if it means they will keep on losing.
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merh Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 10:17 AM
Response to Reply #13
16. I don't want to fight dirty, turn their weapons against them.
I want the rule of law, I want respect for my constitution and I want them to do their job and protect and defend it.

I too am frustrated Pelosi is sitting on her hands and won't pursue impeachment, but that doesn't mean I want us to break the law and abuse power as they do/did.

We have enough on this admin, we don't have to break the law or bend the constitution. We just need to find a way to get the dems spines.

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The Backlash Cometh Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 10:25 AM
Response to Reply #16
19. Well, you've given me a new vision.
We will never beat them by obeying the law because they keep changing the law, or its interpretation, to suit their needs. So, what is law? I use to know that answer until the Republicans started attacking Clinton in the 90s and started bending the law and conventional wisdom in so many different ways, that I don't even recognize what we stand for as a country. Nobody does. But I do know this. There can't be two laws. There can't be one that applies to Democrats, and another, looser one, that applies to Republicans. So, you go ahead and follow the laws as you please, but those laws are not the Republican's laws, certainly not the ones they will obey. So I say, let's be subjected to the SAME laws. That would be equitable. And I think I'm being very humble in asking for only one year of using loose Republican law against them, to make up for the 17 years they abused.
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merh Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 11:11 AM
Response to Reply #19
36. Oh goodie, you will save the world by becoming them.
Vigilante justice survives in your heart.

You are either with us or against us, you should be angry with them, they made you just like them.

:hi:

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The Backlash Cometh Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 11:40 AM
Response to Reply #36
40. No problem with that criticism.
For a year, I'd like to be just like them and give them a taste of their own medicine. And you might be wise to wonder how the Dems are going to find their spines, without resorting to the same strong-arm tactics of the Republican party.
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merh Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 12:11 PM
Response to Reply #40
42. They don't have to resort to the same strong arm tactics
they can simply follow the law, our constitution and federal and international law. It isn't that difficult and they have enough admissions from the WH to pursue impeachment charges.

They just need to act within the laws with the laws they have.

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The Backlash Cometh Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 12:18 PM
Response to Reply #42
43. Okay. But just for a fall back position, it would be okay with me if
they want to take on Repub tactics and be jerks for a year.
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Solo_in_MD Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 09:47 AM
Response to Original message
5. Mixed feelings
he is a crook...but the separation of powers must be preserved. I should go read the ruling to see just what was said.
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Supersedeas Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 09:48 AM
Response to Original message
6. the Justice Dept. breaks the law yet again -- and is there ANY accountability?
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Kingshakabobo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 09:50 AM
Response to Original message
7. Too bad he didn't use the mini-fridge in his office for the cold hard cash. He'd be all fixed up. nt
Edited on Fri Aug-03-07 09:51 AM by Kingshakabobo
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Subdivisions Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 09:51 AM
Response to Original message
8. Legislative Privilege asserted. Jefferson still has the thorny
issue of what $90k in cold, hard cash was doing next to his popsicles.
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RB TexLa Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 10:27 AM
Response to Reply #8
21. Did he travel to a city with a casino? (of course he did) The money is explained

No more issue.
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Richard Steele Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 10:41 AM
Response to Reply #21
29. Not hardly. Casinos actually keep detailed records of payouts that size.
I would certainly like to know the REAL story of
how that cash came to be there. What I've heard so
far just doesn't add up, any which way I look at it.

There's gotta be some important pieces of the puzzle
that we haven't seen yet.
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RB TexLa Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 10:51 AM
Response to Reply #29
33. And no one could have gotten 180 $500 payouts

sorry, I should have realized that is something that could never happen.


My bad.
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progressoid Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 11:30 AM
Response to Reply #33
38. The only reason people do that is to avoid paying taxes.
So instead of bribery, fraud and racketeering, he needs to be charged with tax evasion.
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RB TexLa Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 12:10 PM
Response to Reply #38
41. I'm just saying you can explain cash away. But you guys seem to want to offer the federal
penitentiary system your assistance in getting a cell ready, so I'll just leave this one alone.
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struggle4progress Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 08:19 PM
Response to Reply #8
44. The FBI gave him the money in 2005 -- and videotaped the transaction
The current story is: it was supposed to be a bribery sting. But it seems Jefferson never promised any illegal quid pro quo -- or they would have arrested him promptly.

The FBI recovered the money several months later from Jefferson's home. But they kept silent about the videotape and money for almost another year -- and then made a media story out of the video and the money in May 2006 after the 2006 election season got underway. That's when they searched his Congressional office.

There's more to this story than meets the eye.
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porphyrian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 09:54 AM
Response to Original message
11. Thank God someone gives a shit about the Constitution. - n/t
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quiet.american Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 10:07 AM
Response to Reply #11
15. I think you've said it best. n/t
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porphyrian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 10:49 AM
Response to Reply #15
31. Thanks, I mean it. - n/t
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 10:40 AM
Response to Reply #11
28. Hallelujah! It's not just a GD piece of paper!
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porphyrian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 10:49 AM
Response to Reply #28
32. For real. - n/t
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Bitwit1234 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 10:37 AM
Response to Original message
23. Even tho ruled for a "supposed" crook they are doing what they should
UPHOLD THE CONSTITUTION. I don't know if Jefferson is guilty or not, the money which was said to be a bribe was found in his freezer. That is something for the courts to hear the case and rule on.

But I think regardless, if any agency of the law breaks the constitution, it should be dealt with. Correct.
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cureautismnow Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 11:23 AM
Response to Original message
37. Amazing. We've finally found some individuals ...
...who WEREN'T kidding when they swore to preserve, protect, and defend the COTUSA. Imagine that. :wow:
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sarcasmo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 11:35 AM
Response to Original message
39. Added to the list of the many laws which have been broken.
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spanone Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 08:22 PM
Response to Original message
45. This is a Fine Example of the Gonzales Justice Department ignoring Law.
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