Bribery probe target files for return of documents taken in raid

An attorney for Rep. William Jefferson, D-La., filed a motion Wednesday in the U.S. District Court for the District of Columbia seeking an order that the FBI return materials take from his congressional office, on the grounds that they were obtained in violation of constitutional protections provided to members of Congress.

Jefferson's attorney, Robert Trout, also requested that the agents and Justice Department officials involved in the search be "immediately enjoined" from further involvement with the confiscated materials, that the materials be sequestered, and that agents provide a report on the actions taken with the materials since they were removed from his office Saturday evening.

"The government's unprecedented and extraordinary action on the evening of May 20 constituted not only a direct assault on the privacy and dignity of William Jefferson, but a violation of the Constitution itself," wrote Trout. "While the situation may be a novel one, the principles that govern the relationship between the three branches of government are over two hundred years old."

The Justice Department has shown no indication that it intends to return the documents, despite a rare joint effort by House Speaker Dennis Hastert, R-Ill., and Minority Leader Nancy Pelosi, D-Calif., to demand their return.

"The Justice Department was wrong to seize records from Congressman Jefferson's office in violation of the constitutional principle of separation of powers, the speech or debate clause of the Constitution, and the practice of the last 219 years," Hastert and Pelosi said in a joint statement. "These constitutional principles were not designed by the Founding Fathers to place anyone above the law. Rather, they were designed to protect the Congress and the American people from abuses of power, and those principles deserve to be vigorously defended."

U.S. Attorney General Alberto Gonzales has characterized the move as a last resort, because prior subpoena attempts were ignored.

"This could all be cleared up with Jefferson volunteering the documents they are seeking," a GOP leadership aide said. "If he would comply, we could take the time to further review the [constitutional] matter."

Hastert and his top aides have been incensed by the Justice Department's failure to notify the House of its intention to search Jefferson's office, despite getting a warrant 48 hours before the search, and while the House was still in session.

Hastert has voiced his concerns to President Bush, who is now in the position of having one of his strongest congressional allies - Hastert -- pitted against senior officials at his Justice Department.

Jefferson continues to boldly defend himself against bribery allegations despite two guilty pleas from former associates, and an FBI video of him allegedly accepting a $100,000 cash bribe, with $90,000 later found in the freezer of his Washington home.

Jefferson refused a private and public request by Minority Leader Pelosi Wednesday to vacate his membership on the exclusive Ways and Means Committee.

A senior Democratic leadership aide said Pelosi is considering putting the matter to a Steering Committee vote or a full House Democratic Caucus vote in order to shame Jefferson into stepping down. However, if he refuses to do so, only a full House vote can remove him.

While Hastert and Pelosi have defended the constitutional questions arising from the raid, both have been critical of Jefferson and sought to separate the two matters. "No person is above the law, neither the one being investigated nor those conducting the investigation," they said.