Wednesday, May 24, 2006

Denny Hastert and Nancy Pelosi, Constitutional Experts

Speaker Hastert has issued a joint statement with Nancy Pelosi decrying the FBI search of Congressman Jefferson's office.
"The Justice Department must immediately return the papers it unconstitutionally seized," House Speaker Dennis Hastert, R-Ill., and Democratic Leader Nancy Pelosi, D-Calif., said in a statement.
It's not quite clear what the Constitutional provision they think was violated. Jefferson wasn't speaking or appearing in Congress as part of his legislative duties. He wasn't on the way to Congress. What is the difference between searching his office and his home? Or searching a federal judge's office, as has been done before?

Now the House Judiciary Committee is going to hold hearings on the search.
House officials were drafting a joint resolution frowning on the raid. And Judiciary Committee Chairman James Sensenbrenner, R-Wis., announced a hearing next week titled, "Reckless Justice: Did the Saturday Night Raid of Congress Trample the Constitution?"
Great. Nothing excites these guys so much as some indication that they aren't quite as special as they thought they were. Here are two law professors they can call to testify. Orin Kerr and Eugene Volokh both don't see a problem with the search.