The Jefferson Search: The Other Side

OK, someone finally explained to me the other side of the issue regarding the reaction of most Congressmen to the FBI search of Rep. William Jefferson, and it makes some sense, so in the interest of parity, I'll present it here.

The complaints are not, or at least not completely (as I'd originally believed) outrage at the audacity of searching a Congress member. It is specifically about searching the Congress member's office. The search of Rep. Jefferson's home (the search that netted the foil-wrapped loot in the freezer, apparently) isn't in question.

The issue, regarding searches of Congressmen's offices, is that it could become politically motivated, which would violate separation of powers. The FBI is under the jurisdiction of the President. The President also appoints many of the Judges. As a result, although it doesn't seem to be the case here, false allegations could be made to "justify" a bogus search of Congressional offices to allow the President and/or his party to gain all sorts of information that run contrary to the separation of powers. And since may judges get their jobs at the pleasure of the President, it shouldn't be hard for any President to find a sympathetic one willing to grant a bogus warrant.

A couple of examples.

1. Searching the office of a leader of the opposition party to try to find advance information about their tactics in future races.
2. Searching the offices of opposing Congressmen on a bill the President supports, in order to gain unfair advantage at the negotiating table.

The problem, of course, is how to effectively police the Congress. No one in our country can be allowed to exempt themselves from oversight. Not the President, not the NSA (I'm sorry, you can't investigate us because we won't grant you security clearance which would allow you access to the things you'd be investigating), and not Congress.

I still think it's pretty hypocritical of the Congress that's turned such a blind eye towards the steady erosion of privacy of American citizens to suddenly start crying foul when their own privacy begins to erode. But I do understand the separation of powers, and have in fact argued strongly for it with regard to the so-called "Judicial Activism" issue.

Where do you stand on this issue? I'd love to hear some more discussion on the topic.

Liam.