Bush wise in calling for ?cooling off?
The recent FBI raid on the office of Congressman William Jefferson, D-La., has created a furor of bipartisan protests. The raid, search and seizure of files from his office came in the course of an investigation of allegations that Mr. Jefferson had taken at least $100,000 in bribes for brokering business deals in Africa.
The FBI had already seized $90,000 in ?cold cash? from Congressman Jefferson?s apartment refrigerator. Moreover, evidence against him includes taped excerpts of him allegedly bragging about the deals.
In a curious commingling of bipartisan bluster, both House Speaker Dennis Hastert, R.-Ill. and House Minority Leader Nancy Pelosi, D-CA have complained to President Bush about the FBI?s ?unprecedented? actions on Capitol Hill.
President Bush has weighed into the fray by ordering the Justice Department to seal the seized documents for a 45-day ?cooling off? period while congressional leaders and the Justice Department sort it all out.
At issue here are several Constitutional principles and questions regarding such time-honored concepts as the separation of powers and due process.
Clearly, the principle of separation of powers is one worth protecting and preserving. Our founding fathers knew firsthand the folly of the fusion of power. They had no intention of exchanging one set of chains, the British, for another, an American monarchy. So, they went to great lengths to separate the powers of government, laterally among the three branches, and vertically between the national and state governments.
However, the principle of separation of powers should not be used as a fig leaf for felons to flout the law, regardless of their position in the government. No one should be above the law, as Presidents Nixon and Clinton found out the hard way. As for Mr. Jefferson, he is innocent until proven guilty. He deserves no more, and no less, than the legal rights afforded others in similar circumstances.
Our own Senator Bill First says the FBI was within its rights when it raided Congressman Jefferson?s office. After studying the language in the Constitution concerning the separation of powers and consulting with Attorney General Gonzales, Senator Frist concluded that the FBI acted appropriately in using a warrant to search Mr. Jefferson?s office. ?I don?t think it abused separation of powers,? Frist stated. ?I think there?s allegations of criminal activity, and the American people need to have the law enforced.?
Apparently agreeing in essence with Frist was Senator Dick Durbin, D-Ill., Assistant Senate Minority Leader, who also questioned the notion that the ?speech and debate? protections in the Constitution were violated in the FBI raid.
I think President Bush was wise to intervene in this case. With Constitutional principles at stake, perhaps in conflict, we don?t need a rush to judgment- in any direction. Instead, we need to let the system work. A 45-day pause in political posturing and pontificating will allow all parties to the ?cold cash? controversy to have their say before further legal action is taken. That?s a small price to pay for much larger principles.
Thomas B. Vaughn is a professor at Motlow College and co-host of the radio show ?Viewpoints,? which airs on 91.3 FM, WCPI.