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House Speaker Dennis Hastert, R-Ill., is seeking the return of documents taken in what he has deemed an unconstitutional FBI raid of Louisiana Democratic Rep. William Jefferson's office in the Rayburn House Office Building last Saturday.

"We think those materials ought to be returned," Hastert told reporters Wednesday, following the weekly House Republican Conference meeting. Hastert added that the FBI agents involved in the raid should be removed from the investigation.

"We also think those people involved in that issue ought to be frozen out of that for the sake of the constitutional aspect of it," he said. It is unclear what legal mechanism Hastert will use to retrieve the documents, but the Justice Department indicated Wednesday it will not do so willingly.

"We have made extensive efforts since last August to obtain this important information through other means and were unable to do so," it said in a statement. "The department has conducted similar searches in the past and our actions were lawful and necessary under these very unique circumstances. We are optimistic that continuing talks with the Congress can produce a result that meets law enforcement's needs and also allays any institutional concerns that Congress may have."

Hastert told reporters that talks were ongoing with the White House and Attorney General Alberto Gonzales.

Hastert added that the constitutional issue is unrelated to the merits of the federal criminal investigation into Jefferson, who is the target of a bribery probe. "We are not trying to protect any individual, but we ought to protect the prerogatives of the House as far as the Constitution," Hastert said.

Jefferson's attorney could not be reached for comment at presstime. Rep. Louis (Louie) Gohmert, R-Texas, a former county district judge, said Wednesday the judge who approved the affidavit to search Jefferson's office acted improperly. "As a judge, I can't imagine letting that happen," he said.

Gohmert said he fully supported Hastert's intention to retrieve the documents but acknowledged that because such a search has never before occurred, the legal path remains uncertain. "We're kind of in new territory," he said.

Hastert appears to have bipartisan support as he moves forward. Aides for Minority Leader Nancy Pelosi, D-Calif., were included in discussions Tuesday, and Hastert and Pelosi are scheduled to meet today to discuss the matter. Separately, Pelosi today privately and publicly asked Jefferson to step down from his seat on the Ways and Means Committee, but he rejected the requests.

Jefferson has not been charged and maintains his innocence despite FBI evidence that includes a videotape of Jefferson accepting a $100,000 cash bribe from an FBI informant. "None of the matters reported to be under scrutiny involve issues under jurisdiction of the Ways and Means Committee," Jefferson said in a statement, "Therefore, such a request would be even more perplexing and unreasonable."

Pelosi also released a one-line public letter to Jefferson that states, "In the interest of upholding the high ethical standard of the House Democratic Caucus, I am writing to request your immediate resignation from the Ways and Means Committee."

Pelosi has no other procedural option short of a full House vote to remove Jefferson from the panel.