DOJ Says Ruling Stymies Congress Probes
The Justice Department is seeking an emergency stay of an August ruling requiring the FBI to return privileged documents seized in a raid of a congressman’s office, saying the decision represents an “unprecedented expansion” of constitutional protections for legislative acts.
The motion says the decision may affect many investigative techniques in criminal probes of federal legislators, including wiretaps, home office searches and interviews with congressional staffers, the Washington Post reports. The full U.S. Court of Appeals for the D.C. Circuit refused a request for a rehearing earlier this month.
The appeals court said in its original Aug. 3 opinion (PDF) that the raid exposed legislative material to the executive branch and violated the legislative privilege created by the speech or debate clause.
