August 3, 2007 (LPAC)--A federal appeals court ruled today that the Justice Department violated the U.S. Constitution when FBI agents seized legislation materials from the office of Rep. William Jefferson (D-LA), in an unprecedented raid on his Capitol Hill office last year. The court said that legislative materials are protected under the Constitution's "Speech or Debate Clause" which protects members of the Legislative Branch from intimidation or prosecution by the Executive for any statements made as part of their official duties.
Rep. Jefferson's victory was only partial: while the court ruled that the FBI must return all legislative materials seized from his office, the FBI and prosecutors are not required to return other material seized from his office, as had been demanded, not only by Jefferson, but also by Republican and Democratic leaders of the House of Representatives, who insisted that the FBI raid -- the first such action in 219 years -- was an abuse of Executive power which violated the Constitution's Separation of Powers doctrine.