Monday, March 31, 2008

Ruling On Illegal FBI Search To Stand

The Supreme Court on Monday let stand a lower court ruling that the F.B.I. went too far in searching the office of Representative William J. Jefferson, a Louisiana Democrat accused of using his position to promote business deals in Africa.

The appeals court did not find that the raid itself was unconstitutional; rather, it found that the F.B.I. violated constitutional separation of powers by allowing agents to look freely through Congressional files for incriminating evidence.

The ruling last August told the bureau to return legislative documents to Mr. Jefferson. It did not, however, affect other items seized from his office, including computer hard drives. Nor did it affect evidence seized in a separate raid on the Congressman’s Washington-area home, including $90,000 found wrapped in aluminum foil in frozen-food containers in his kitchen freezer.

The 18-hour search of Mr. Jefferson’s office on Capitol Hill marked the first time that the F.B.I. had searched a Congressional office, and it touched off a clash between the Bush administration and lawmakers of both parties. Mr. Jefferson has been indicted on charges of bribery, racketeering, conspiracy, money laundering and obstruction of justice. He has pleaded not guilty. The Justice Department said last August that the circuit court ruling would not affect the prosecution of Mr. Jefferson.

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