Monday, July 10, 2006

Federal Judge Rules Search of House Member's Office Is Legal

Today, a Federal judge ruled that the search of Congressman William Jefferson's office, in the House of Representatives, did not go outside the lines of Constitutional immunity, nor did it breach the clear distinction between the branches of the federal government.

I do not agree with this interpretation of the law as rendered by the Federal District judge. Article I, Section 6, of the Constitution, makes members of Congress immune from prosecution; however, it does make the distinction between treason and felony convictions, which are impeachable offenses, not prosecutorial offenses. The Constitution is vague as to whether the suspicion of a felony must have been levied against the member of Congress or whether the member of Congress must have been found guilty of a felony previously; however, this issue is moot considering further constitutional stipulations. Further, Article I, Section 5, of the Constitution, stipulates each House of Congress is the judge of its own members; to wit: "Each House shall be the judge of...[the] qualifications of its own members" (Art. I, Sec. 5).

This provision of the Constitution provides means for appeal to the Federal Circuit Court of Appeals. By strictly interpreting the Constitution on this issue, it would stand to reason that William Jefferson, as an elected member of the United States House of Representatives, can only be tried inside the House of Representatives, by his peers, not by the Judicial Branch. I argue the Constitution provides duly elected members of Congress with judicial immunity; to wit: prosecution in a court of law.

I should be a federal judge! One day...

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