After several days of intense pressure from Democratic and Republican leaders, the president has ordered sealed the congressional documents seized during the FBI raid of Congressman Jefferson’s office. Individuals like House Speaker Dennis Hastert and others have led the charge arguing that the raid was unconstitutional, apparently the premise that members of Congress are bound by the same laws as other citizens is beyond the pale with regard to the constitution.

The FBI raid was completely justified, having securing a search warrant to implement the raid. Members of Congress (or even the president) are not and should not be entitled to any special treatment or immunity from criminal investigation. This caving by the president sets a dangerous precedent, sadly not one member of Congress has stood up for the rule of law, though quite a few have stood up for privilege.

Members of Congress have portrayed this issue as a constitutional matter. Nothing could be farther from the truth; this matter has nothing to do with the concept of separation of powers. Indeed, under the principle of separation of powers, it is the responsibility of the executive branch of government to investigate and prosecute criminal activity; the constitution makes no distinction between John Q. Public and Congressman John Q. Thus the principle of separation of powers does not apply and furthermore the principle of separation of powers does not absolve congressman from following the law, nor give certain individuals immunity from a criminal investigation, nor does it grant the extra-legal authority to usurp due process.

Given this latest turn of events it should come as no surprise that Congressional approval has reached all time lows…The president should rescind this unnecessary and extra-legal maneuver, designed solely to placate the power obsessed hack politicians on Capitol Hill, and uphold the laws he has sworn to uphold. Furthermore, every member of Congress who refuses stand against privilege should be drummed out of office this November…
http://www.msnbc.msn.com/id/12981517/
http://www.washingtonpost.com/wp-dyn/content/article/2006/05/25/AR2006052502102.html

http://www.thephalanx.com/2006/05/speaker-objects-to-fbi-raid.html