Congressman Dent presents Homeland
Security funding to the Gilbertsville Fire and Rescue Company, which
will use the money to buy a new fire truck. Pictured with the
Congressman are Fire Chief Ricky Smith (holding check) and Deputy Chief
Steve Volpe. |
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Separation of powers is not sanctuary from the law
By U.S. Rep. Charlie Dent
Some of my colleagues have expressed concern about the FBI’s executing a search
warrant in the Congressional offices of Representative William J. Jefferson
(D-LA) on May 20, 2006. With due respect to the Speaker of the House and the
Minority Leader, who have jointly expressed their dismay over the search, I do
not share their belief that this rises to a Constitutional concern over
separation of powers.
The allegations against Mr. Jefferson are quite serious. According to the
Washington Post, the search warrant was supported by an 83-page affidavit. That
affidavit contains allegations that the Congressman was videotaped accepting
marked funds, that $90,000 of that marked money was later recovered from his
freezer, and that he had made certain incriminating statements regarding his
role in the alleged bribery scheme.
Of course, Mr. Jefferson is presumed innocent and is entitled to due process of
law. But I would also note that if these allegations turn out to be true, Mr.
Jefferson deserves to receive strict punishment under the law and to lose his
seat in Congress. I believe that members of Congress should be held to a high
standard of conduct, not hide behind the shield of their office. Consider the
treatment afforded former Representative Randall “Duke” Cunningham (R-CA), who
was indicted and convicted on similar charges. Mr. Cunningham was a war hero and
seven-term Congressman, but he broke the public trust, and none of the valiant
deeds he performed previously mitigated the fact he was a criminal.
In the Jefferson case, if there is a concern about a “slippery slope” of abuse
of power, I think it is being misdirected. The “speech and debate” clause of the
Constitution exists for good reason — to prevent the executive branch from using
undue power to intimidate members of Congress through arrest or other means. I
agree with the Speaker and the Minority Leader that it is an essential
protection for our democracy. But the clause is meant to protect the separation
of powers, not absolve Members of Congress of their obligation to obey the law.
The “speech and debate” clause protects Congress while conducting official acts.
Taking bribes and peddling influence are not official acts. They are crimes.
In executing this warrant, the FBI was doing what it is supposed to do:
investigate lawbreaking, gather evidence and turn the case over to the Justice
Department for prosecution. It was not, as some of my colleagues contend, trying
to “send a message” to Congress or to chill “speech and debate” within our body.
The FBI was only following a trail established by probable cause to a place — in
this case, a Congressional office — where evidence of a crime might be found.
The government has taken precautions to make sure that the search did not
disrupt the routine of the office and gathered up only that evidence that was
relevant to this prosecution. The search was conducted on a Saturday evening
when staff and visiting constituents were not inconvenienced. Further, press
reports indicate that officials from the U.S. Attorney’s office were present
during the execution of the search so that office files unrelated to the case
would not be taken during the evidence gathering. In addition, in a May 25, 2006
memorandum from the White House, the President took the unusual step of ordering
the Attorney General to seal the files seized from the Jefferson office in order
to prevent the unauthorized dissemination of any materials.
I deeply respect the institution of Congress and I have always stood up to
defend the Constitutional separation of powers. If I thought the Administration
was trying to “chill” the House’s deliberative and oversight prerogatives by
executing this warrant, I would be the first to protest. But that is simply not
the case here. This prosecution has everything to do with allegations of public
corruption, and nothing to do with the separation of powers. There is only one
message that can be gleaned from the search of Mr. Jefferson’s office, and it is
this: NO ONE is above the law in this country. One simply cannot use a
Congressional office as a “sanctuary” from legitimate criminal investigations
and the due process of law.
Congressman Charlie Dent represents Pennsylvania’s 15th District, which
includes all or parts of Lehigh, Northampton, Berks, and Montgomery counties.
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