CREW REACTS TO DEVASTATING DECISION IN JEFFERSON CASE

3 Aug 2007 // Washington, DC – Today, the D.C. Circuit Court of Appeals issued a decision devastating to the investigation and prosecution of congressional corruption, U.S. v. Rayburn House Office Building. The court was considering the question of whether the FBI had the legal right to search Congressman William Jefferson's (D-LA) Capitol Hill office. The majority held that the Speech or Debate Clause of the Constitution prohibits searches of congressional offices by the executive branch.

With no Supreme Court authority on which to base its decision, a majority of the court relied instead on a civil D.C. Circuit court case. Judge Karen LeCraft Henderson found the civil case inapplicable to Rep. Jefferson's criminal matter and disagreed with the majority, stating that the Speech or Debate Clause does not protect a congressional office from searches or the seizure of material.

Melanie Sloan, executive director of Citizens for Responsibility and Ethics in Washington (CREW) said today, "This ruling is unlikely to affect the prosecution of Rep. Jefferson, given that the government indicted him without relying on material obtained during this search." Sloan continued, "Nevertheless, this ruling may have a profound impact on the government's ability to thoroughly investigate other cases of congressional corruption. For example, Sen. Ted Stevens (R-AK) now has every incentive to store in his congressional office any document concerning the renovations of his house, secure in the knowledge that it will be beyond the reach of federal investigators."

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Citizens for Responsibility and Ethics in Washington (CREW) is a non-profit legal watchdog group dedicated to holding public officials accountable for their actions.

For more information, please visit www.citizensforethics.org or contact Rusty J Trump at 202.408.5565/rtrump@citizensforethics.org.

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