Wiretaps might be out in lawmaker corruption cases
WASHINGTON -- The Justice Department is worried that a recent appeals court ruling could make it impossible to use wiretaps to investigate members of Congress in corruption cases.
If so, that could extend to the ongoing investigation of Sen. Ted Steven, R-Alaska. The Associated Press recently reported that the FBI used an Alaskan oil contractor to tape phone conversations with the powerful senator as part of a corruption sting.
In court documents filed last week, government attorneys asked the full U.S. Court of Appeals for the District of Columbia Circuit to reconsider last month's decision regarding the FBI raid on the office of Rep. William Jefferson, D-La.
The government argues that the ruling that prosecutors overstepped their authority "threatens to complicate numerous ongoing and future investigations" and hinder the ability to use electronic surveillance.
The court held that FBI agents trampled on congressional independence during that raid because, even though they took only documents relevant to their bribery investigation, agents reviewed legislative documents in a Capitol Hill office. The Constitution prohibits the executive branch from interfering with legislative business.
The Jefferson case didn't deal with wiretaps, but if simply viewing legislative documents makes a search illegal, prosecutors could be prohibited from using wiretap evidence at trial if investigators happened to overhear legislative business.
The Justice Department said the court ruling "has invited questions concerning the lawfulness of essential tools in investigating and prosecuting corruption," including tapping phones and recording calls with the permission of one of the speakers.
Jefferson pleaded not guilty in June to charges of soliciting more than $500,000 in bribes while using his office to broker business deals in Africa.
Stevens, the senate's longest-serving Republican, is under scrutiny for his close ties to VECO Corp., an Alaska oil contractor. Stevens is not named in the court filings and has not been charged.
The company's founder, Bill Allen, has admitted bribing lawmakers and says he paid workers to renovate the senator's house. The AP reported that Allen allowed the FBI to tape his calls with Stevens, his longtime friend, as part of a corruption sting.
Stevens has said he paid every bill he received for the repairs.
The ruling in the Jefferson case is already causing problems for investigators, attorneys suggested in court documents. Some members of Congress interpret the ruling as prohibiting FBI agents from interviewing congressional staffers, attorneys wrote.
Cooperative legislative aides have been critical elements for the government in connection with the prosecution of corruption in the Jack Abramoff lobbying scandal.