Jefferson Update

Democratic Representative William Jefferson remains defiant in the face of Nancy Pelosi's demands that he step aside from his spot on the powerful House Ways and Means Committee.

"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," wrote House Democratic Leader Nancy Pelosi in the one-sentence correspondence.

The Louisiana Democrat was defiant. "With respect, I decline to do so," he wrote back to Pelosi. "I will not give up a committee assignment that is so vital to New Orleans at this crucial time for any uncertain, long-term political strategy."

It isn't a matter of whether Jefferson is going to jail or not. With the stockpile of evidence that the FBI has amassed, it's simply a matter of determining for how long he's going away. Faced with similar conditions, California Representative Randy 'Duke' Cunningham resigned his seat and pled guilty. He's now in prison. Jefferson isn't taking the dignified way out. Instead, he's remaining defiant even though he knows he's guilty. He knows that the only way he won't go to prison is if he plays the jury nullification and/or race cards. Even then, his chances are closer to none than slim.
Jefferson, meanwhile, on Wednesday filed a motion asking U.S. District Judge Thomas Hogan to order the FBI to return all of the documents taken from his office during the 15-hour search. Hogan was the judge who last Thursday issued the warrant authorizing the search. The congressman also asked that FBI and Justice Department attorneys be prohibited from reviewing the documents and that they be locked up until the judge acts on the motion. Jefferson's motion said the search violated "speech and debate" protections in the Constitution to insure the independence of lawmakers.
Fat chance, Mr. Jefferson. This embarassing episode isn't really about the separation of powers; it's about the House not liking the thought that criminal investigations supercedes separation of powers issues.
Presidential administrations and the Congress have routinely subpoenaed information from each other, and often they have refuse to cede the materials sought.

This is the first time the branch seeking the information dispatched its law enforcement arm to wrest information from the office of a sitting congressman who is the target of a probe.
This tells me that Mr. Jefferson will lose this appeal. It also tells me that he's going to prison.

Update: I should've known that Captain Ed would have something to say on the separation of powers issue. Ed's troubled by Hastert's & Boehner's willingness to use a "living Constitution" to justify their demands.

I am, too, Ed.



Posted Wednesday, May 24, 2006 3:50 PM

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