So the debate continues and both House and Senate members, Republicans and Democrats alike are very upset about this search saying it's a violation of the separation of powers of the Constitution. So I wondered about this, what part of the Constitution is this? I read through it (it's not long) again and didn't see it. I just saw Bill Frist (R-TN) interviewed and he mentioned "the so-called speech and debate clause". So here it is:
Article I, Section 6: "The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place."
This is the clause that Patrick Kennedy (D-RI) apparently tried to invoke when he told police that he was late for a vote at the House. But I don't see anything about searches and I have to think that bribery of a Congressman is a felony, but it seems that's not clear cut either. If so, can he really not be arrested for this? Some of this was known last August, is the House investigating?
I'm still not sure what papers they were looking for but they were subpoenaed last August and Jefferson ignored the subpoena. So the AG got a warrant from a federal judge and searched his office. Really, it does seems reasonable to me.
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