# Searching a Congressmans office, what's the big deal?
**URL:** https://boards.straightdope.com/t/searching-a-congressmans-office-whats-the-big-deal/358022
**Category:** Factual Questions
**Created:** [May 24, 2006, 1:11pm UTC](https://boards.straightdope.com/t/searching-a-congressmans-office-whats-the-big-deal/358022 "2006-05-24T13:11:55Z")
**Posts on this page:** 6
**Page:** 1
### Author:  [@LanceShetrompf](https://boards.straightdope.com/u/LanceShetrompf)
#### Post date: [May 24, 2006, 1:11pm UTC](https://boards.straightdope.com/t/searching-a-congressmans-office-whats-the-big-deal/358022/1 "2006-05-24T13:11:55Z")
Okay, so the breaking news is that Republicans and Democrats are both upset that the FBI raided a Congresspersons office. What are they so upset about? Were any laws broken? I believe that in the constitution, there are laws protecting members of Congress from search/siezure, but what if they are suspected of breaking the law? What if there is a warrant?
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### Author:  [@Telemark](https://boards.straightdope.com/u/Telemark)
#### Post date: [May 24, 2006, 1:26pm UTC](https://boards.straightdope.com/t/searching-a-congressmans-office-whats-the-big-deal/358022/2 "2006-05-24T13:26:40Z")
> **[Search of Rep. Jefferson unconstitutional?](https://boards.straightdope.com/sdmb/showthread.php?t=372849)**
>
> Rep. William Jefferson (LA) has allegedly been nailed for accepting bribes to facilitate a business venture in Africa, an allegation I don’t see much cause to doubt at this point. Yet, to my astonisment, there appears to be some discontent, (mostly...
Basically, there’s a separation of powers issue about the executive branch investigating the legislative branch and the potential for abuse.
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### Author:  [@John\_Mace](https://boards.straightdope.com/u/John_Mace)
#### Post date: [May 24, 2006, 1:35pm UTC](https://boards.straightdope.com/t/searching-a-congressmans-office-whats-the-big-deal/358022/3 "2006-05-24T13:35:42Z")
> [@Telemark](#):
>
> Basically, there’s a separation of powers issue about the executive branch investigating the legislative branch and the potential for abuse.
Not quite. The executive branch can investigate criminal activity by the legislative branch, it’s a question of what methods are used. Note that no one is making a big deal about a raid on this guys house. It’s specifically a raid on his office that is causing a problem. That has never been done in the entire history of the US, so we’re in uncharted territory. The specific concern is whether or not this raid violates Article 1, Section 6 of the constitution:
> [@](#):
>
> 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, btw, was the same excuse Congressman Kennedy made a few weeks ago when he was pulled over by the cops in the wee hours of the morning-- that he couldn’t be detained because he was on his way to vote in the House.
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### Author:  [@LanceShetrompf](https://boards.straightdope.com/u/LanceShetrompf)
#### Post date: [May 24, 2006, 1:53pm UTC](https://boards.straightdope.com/t/searching-a-congressmans-office-whats-the-big-deal/358022/4 "2006-05-24T13:53:45Z")
> [@Telemark](#):
>
> [http://boards.straightdope.com/sdmb/showthread.php?t=372849](http://boards.straightdope.com/sdmb/showthread.php?t=372849)
>
> Basically, there’s a separation of powers issue about the executive branch investigating the legislative branch and the potential for abuse.
Yes, I understand about the seperation, but the constitution specifically states that a felony allows for the investigation. So if it is true (and it seems to be so far) that he accepted a $100,000 bribe, doesn’t this allow for the search?
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### Author:  [@John\_Mace](https://boards.straightdope.com/u/John_Mace)
#### Post date: [May 24, 2006, 3:10pm UTC](https://boards.straightdope.com/t/searching-a-congressmans-office-whats-the-big-deal/358022/5 "2006-05-24T15:10:48Z")
IANAL, but in this case it’s the “speech or debate” clause that seems to be the issue. Note that there is “;” before that clause, which means the exceptions in the previous clause do not apply to it.
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### Author:  [@handsomeharry](https://boards.straightdope.com/u/handsomeharry)
#### Post date: [May 24, 2006, 3:45pm UTC](https://boards.straightdope.com/t/searching-a-congressmans-office-whats-the-big-deal/358022/6 "2006-05-24T15:45:43Z")
Why do I sense that the FBI will have a budget of about $8 dollars in FY 2007?
hh