Bush intervention helps defuse tensions over FBI raid

House leaders ask counsel to negotiate with Justice Department over protocols for gathering evidence in members’ offices.

Tensions between congressional leaders and the Justice Department over the FBI raid of a congressional office were eased Thursday after President Bush intervened and ordered the materials obtained in the search sealed pending a 45-day review.

Agents involved in the raid are prohibited from accessing the materials, which will be placed under the watch of the U.S. solicitor general.

The dispute stems from the search of Louisiana Democratic Rep. William Jefferson's Rayburn building office last Saturday night. Jefferson is the target of an ongoing federal criminal investigation.

The Justice Department said the search was an action of last resort after Jefferson failed to comply with prior subpoena attempts.

But House Speaker Dennis Hastert, R-Ill., and Minority Leader Nancy Pelosi, D-Calif., charged that the unprecedented search violated the separation of powers outlined in the Constitution, as well as "speech and debate" protections provided to members of Congress.

"Our government has not faced such a dilemma in more than two centuries," Bush said in a statement. "Yet after days of discussions, it is clear these differences will require more time to be worked out."

Hastert lauded the move. "I think this is a good process for us to step back, negotiate with the Department of Justice, and make sure that both the principles of the Constitution are upheld and that Justice can move forward so that if members have an issue with the Department of Justice we can make sure that the debate clause and the constitutional principles are addressed but yet other issues can be addressed," he told reporters.

Hastert and Pelosi late Thursday issued a joint statement directing the House counsel to begin negotiations with the Justice Department "regarding the protocols and procedures to be followed in connection with evidence of criminal conduct that might exist in the offices of Members."

In a statement, Attorney General Alberto Gonzales said his department "has sought to protect the integrity of this important ongoing public corruption investigation. The president's order does that and provides additional time to reach a permanent solution that allows this investigation to continue while accommodating the concerns of certain members of Congress."

The House Republican Conference met Thursday afternoon for a briefing on the dispute. "Right now, I think the issue is pretty much put to bed with what the president said," said House Ethics Chairman Doc Hastings, R-Wash.

Yet many rank-and-file Republicans remain angered at what they view as an attempt by officials in the Justice Department to intimidate Hastert after ABC News reported Wednesday that Hastert had emerged in a separate corruption probe of disgraced lobbyist Jack Abramoff. ABC News cited only senior government officials in its report.

The Justice Department issued two public denials, and Hastert's attorneys have threatened legal action against the news outlet, maintaining that there is no truth to it.

"This one issue may have been put to bed, but the conduct of the FBI to try to pressure and intimidate our speaker was unconscionable and possibly criminal," said Rep. Dana Rohrabacher, R-Calif.

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