I fully believe there was a political motive to Rep. William Jefferson office search. This was the best way the White House could make the congressional scandals bi-partisan. They knew it was an over reach but they got the free publicity of a scandalized Democratic lawmaker. They now have a poster boy for their claim "the scandals are bi-partisan". But they also made a
"HUGE LEGAL MISTAKE."
The White House, by arguing for limiting Constitutional protection for the Legislative branch from executive branch investigation, have left an opening for the legislative branch to subpoena and search executive branch officers in similar ways.
IMAGINE A DEMOCRATIC HOUSE SUBPOENAING THE WHITE HOUSE, AND THEN SENDING FEDERAL MARSHALLS TO EXECUTE THEM
As
constitutionally co-equal branches of government it would be hard for the
executive branch to argue it can violate congress' sovereignty, but congress can't perform similar function on the executive. By broadening the investigative powers of the executive they have broadened Congresses investigative power over the executive. There is a wealth of thing to choose from Cheney's secret energy committee, Abramamoff's visits, allegations of political retribution in the CIA, ect.
WHY DO YOU THINK SO MANY SENIOR REBUPLICANS CAME TO JEFFERSON'S DEFENSE? Do you really believe the impeach Clinton crowd really cares about the damage, irresponsible action have on Constitutionally ordained institution? PLEASE, don't make me laugh! Senior Republicans who recognize all things come in cycles (having once served in the Minority), see the political dangers of a Democratic House performing similar law-enforcement action on a very secretive White House after 2006! I could see a John Conyers or Henry Waxman authorizing similar actions against the White House! Karl Rove, who is a burn both ends of the candles kind of guy, only cares about winning the next election. Long term damaging actions don't enter his mind. So investigating William Jefferson, stanching the damage from the Democrats Culture of Corruption charge, thereby preserving a GOP House Majority, is his ONLY priority. If after 2008 the Democrats have this power "O well" it doesn't hurt his client, George W Bush.
Some people may argue that the Executive branch has intrinsic law enforcement power. Yes that is true in the General sense. This does not negate my reasoning though. The US House clearly has executive oversight and constitutional derived executive branch criminal investigative powers. This is derived from the ability of the House to Authorize Article of Impeachment. To make a long story short, After 2006 a Democratic House could raid the White House using the Executive Branches own argument against them!
"Members of Congress also receive National Security sensitive information!" Democrats utter this refrain could counteract the surefire White House argument that they won't let Marshals enter on National security grounds. I think that even if Democrats don't intend to undertake these actions. Senior Democrats should begin to float this option off the record, in order to generate panicked responses from the White House and Right-Wing Noise Machine!