I know there’s a (weak) constitutional argument here, though I have a hard time believing that Hastert and Pelosi really think that the doctrine of separation of powers prevents a court-ordered seizure of documents unrelated to any legislative activity after a subpoena has been ignored. If they do, they’re endorsing a degree of complete immunity from law enforcement rarely seen since Thomas a Becket claimed that Henry II had no jurisdiction over criminal clergy (or at least since the last Bush administration ukase about the president’s imperial powers over national security).
Look, it can’t happen without the other two branches agreeing to it. There is no immunity from prosecution in the Constitution and there shouldn’t be.
There isn’t anything to negotiate. If there is a valid search warrant, the Executive nor the Legislative branches have immunity from the law. Of course there was no warning–we don’t call crack houses and tell them the police are on the way over do we?
If breaking the law includes using one’s position as a Member of Congress, than the records of that Member are fair game. Members of Congress have one special protection in terms of the law and that is they may not be detained on the way to session. That is all. Otherwise they are citizens and subject to the same rules.
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