From the New York Times:
For Democrats, a Scandal of Their Own
By CARL HULSE
Published: May 23, 2006
WASHINGTON, May 22 — Democrats' plans to make Republican corruption a theme
of their election strategy this year have been complicated by accusations of wrongdoing
in their own ranks, leading the party to try on Monday to blunt the political
effects of the unfolding case against Representative William J. Jefferson.
Democratic leaders sought to distance the party from Mr. Jefferson, the Louisiana
Democrat who has been accused by the Federal Bureau of Investigation of taking
hundreds of thousands of dollars in bribes. In doing that, the leaders tried to
draw a distinction between the accusations against him and what they said was
a much broader pattern among Republicans of trading legislative influence for
campaign donations, trips and other perks.
Mr. Jefferson appeared on Capitol Hill to deny any wrongdoing. Facing a bank of
television cameras down the hall from his Congressional office, which was raided
by federal agents on Saturday night, Mr. Jefferson said that he would not resign
and that he expected to be cleared.
In court documents made public on Sunday, the F.B.I. said Mr. Jefferson had taken
bribes to help a small technology company win federal contracts and to help it
with business deals in Africa. The F.B.I. said he had concealed $90,000 from the
scheme in the freezer of his home in Washington.
"There are two sides to every story," Mr. Jefferson said, without providing
any details.
For all the intense partisanship that has surrounded the wave of legal and ethical
cases on Capitol Hill, the Jefferson case brought some Democrats and Republicans
together on one point: that the all-night search conducted by the F.B.I. raised
questions about whether the executive branch had violated the constitutional doctrine
of separation of powers by carrying out a raid on the official office of a member
of Congress.
Senator Bill Frist of Tennessee, the majority leader, said Monday that he had
concerns about the constitutionality of the search and was seeking a legal opinion.
Representative Nancy Pelosi of California, the minority leader in the House, said
that "Justice Department investigations must be conducted in accordance with
constitutional protections and historical precedent." Some House Republicans
said they were also disturbed by the way the search was handled.
"I think it is really outrageous," said Representative David Dreier,
the California Republican who is chairman of the Rules Committee.
The constitutional question aside, some Democrats acknowledged that the headline-grabbing
case involving a colleague they know as Jeff had the potential to dilute one of
their core political arguments against the Republican majorities in the House
and Senate.
No prominent Republican spoke out against Mr. Jefferson on Monday. But Democrats
harbored no hope that Mr. Jefferson would not become part of a Republican counterattack
against Democratic efforts to portray the Republicans as a party that had lost
its ethical bearings.
"There is no doubt that the charges, the conduct of any Democrat, is going
to be raised by those who question our attacks on a culture of corruption as a
way to divert attention from that," said Representative Lloyd Doggett, Democrat
of Texas and a vocal critic of Representative Tom DeLay, the former majority leader.
Mr. DeLay stepped down from his leadership post and announced he would leave Congress
after he was indicted in Texas on charges that he had used campaign contributions
illegally and came under partisan fire for his ties to Jack Abramoff, the lobbyist
who has pleaded guilty in a wide-ranging public corruption inquiry.
Representative Rahm Emanuel of Illinois, the chairman of the Democratic Congressional
Campaign Committee, said Mr. Jefferson's situation was that of an individual who
had yet to be charged formally. The Democratic case against Republicans, he suggested,
went to a pattern of trading influence for personal gain within an incestuous
world of revolving-door staff members, lobbyists and campaign fund-raisers that
Republicans helped establish.
"They are different scales," Mr. Emanuel said. "One is a party
outlook and operation; the other is an individual's action. They have institutional
corruption."
Even before the case against Mr. Jefferson became public, Republicans were pointing
to ethical questions about the activities of another Democrat, Representative
Alan B. Mollohan of West Virginia, who is under F.B.I. scrutiny for his personal
finances and his efforts to steer millions of dollars to nonprofit organizations
that he helped control.
On Monday, Democratic leaders were considering steps to isolate Mr. Jefferson,
including the possibility of removing him from his seat on the Ways and Means
Committee. Ms. Pelosi had already endorsed the idea of an ethics inquiry against
Mr. Jefferson, and one was initiated last week.
Mr. Jefferson said he intended to "continue to represent the people who have
sent me here to try to respond to their needs and their issues." He said
he expected to seek re-election, though potential challengers were emerging in
New Orleans.
Mr. Jefferson also called the search, evidently the first ever executed at an
official Congressional office, an intrusion into the separation of powers. But
Ms. Pelosi suggested the lawmaker bore some responsibility.
"Members of Congress must obey the law and cooperate fully with any criminal
investigation," Ms. Pelosi said in a statement. "If they don't, they
will be held accountable."
Late Monday evening, Speaker J. Dennis Hastert issued a statement highly critical
of the search.
"Insofar as I am aware, since the founding of our Republic 219 years ago,
the Justice Department has never found it necessary to do what it did Saturday
night, crossing this separation of powers line, in order to successfully prosecute
corruption by members of Congress," Mr. Hastert said, promising to seek a
means to restore "the delicate balance of power."
Donald Ritchie, a historian with the Senate, said his office could find no record
of a similar search, though the homes and business offices of lawmakers had been
searched in the past.
At an unrelated news conference, Attorney General Alberto R. Gonzales called the
search "unusual steps that were taken in response to an unusual set of circumstances;
I'll just say that."
In their affidavit, federal prosecutors said they had adopted special procedures
in the raid to minimize the likelihood that any politically sensitive materials
unrelated to the inquiry would be seized in paper form or from office computers.
Lawmakers under federal investigation have in the past raised their special status
under the Constitution in an effort to thwart charges with mixed results, with
prosecutors sometimes narrowing the case in response, though the Supreme Court
has also refused to consider such claims.
In 2002, Mr. Jefferson sought to join the House leadership by becoming the chairman
of the Democratic campaign committee, citing his fund-raising record. But Ms.
Pelosi chose her fellow Californian, Representative Bob Matsui, who died in January
2005, and her relationship with Mr. Jefferson has been somewhat strained since.
Mr. Jefferson's problems were generating wisecracks on Capitol Hill about cold
cash and freezing assets. As in the case of Randy Cunningham, a California Republican
jailed after a bribery conviction this year, fellow lawmakers also expressed amazement
at the purported goings-on.
"If the allegations are true," Mr. Doggett said, referring to Mr. Jefferson,
"he has no place here."
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