Editorial: Congress not above the law

Friday, July 14, 2006 | 7:38 a.m.

The agents left the office early on May 21, taking with them two boxes of paper records and several computer hard drives and floppy disks. Their action set off a furious and bipartisan outcry from House leaders.

They claimed that historical precedent and constitutional separation-of-power protections exempted congressional offices from searches. Using the same argument, an attorney for Rep. William Jefferson, D-La., challenged the search in federal court.

Chief U.S. District Judge Thomas F. Hogan, the same judge who had issued the FBI its warrant authorizing the search of Jefferson's office, ruled this week that there are no grounds, constitutionally, historically or otherwise, to grant the offices of members of Congress a special exemption from searches and seizures.

We agree with Hogan's ruling, which affirms, for now, that members of Congress are not above the law. Jefferson, who has not been charged with a crime, is appealing the ruling. We hope his appeal is met with the same ruling as Hogan's.

The appeal is based on the U.S. Constitution's Speech or Debate clause, found in Article 1, Section 6. If logic prevails, the courts will find no justification in this clause for Jefferson's contention that it establishes an impenetrable shield around congressional offices.

What the clause actually guarantees is that members of Congress can freely speak their minds during House or Senate debates and during committee hearings without fear of citizen or government retribution, such as lawsuits or compelled interrogation. It also protects members of Congress against arrest if the motive is simply to prevent them from conducting their official duties.

"The immunities of the Speech or Debate clause were not written into the Constitution simply for the personal or private benefit of members of Congress, but to protect the integrity of the legislative process ... " the U.S. Supreme Court wrote in a 1979 case, Hutchinson v. Proxmire.

It would be very bad for this country if a court ever found that members of Congress could hide behind this clause to avoid warranted investigation of their personal or public conduct.