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Search of Capitol Hill office creates another storm

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A federal district judge in suburban Virginia issued the warrant that allowed the FBI to search Jefferson's office.

"It's an extremely complex area of constitutional law," says Carl Tobias, a law professor at the University of Richmond. "Historically, even if the FBI had a warrant, there's no precedent for intrusion into the office of a member of Congress."

But with the approval rating for Congress at 21 percent - three points short of its all-time low - there are signs that the public isn't picking up such constitutional distinctions. Nearly half of Americans believe that most in Congress are corrupt and that corruption affects both parties equally, although they trust Democrats to handle the issue better than Republicans, according to a recent Gallup poll.

"The tone has been set by the top of the Republican Party. I've never seen a Congress as corrupt as I've seen here, and I've been in the Congress 32 years," said Rep. Henry Waxman (D) of California.

After some 16 months of gridlock, the House ethics committee, or Standards of Official Conduct, is getting back on track. The panel, which went through turmoil after initiating an investigation into then-majority leader Tom DeLay, is under new leadership and launching investigations into Jefferson and Rep. Bob Ney (R) of Ohio, and into any cases related to convicted former Rep. Duke Cunningham (R) of California.

"Members of Congress must obey the law and cooperate fully with any criminal investigation; if they don't they will be held accountable," said Democratic leader Nancy Pelosi in a statement, referring to Jefferson's refusal to turn over documents to the FBI that were subpoenaed some eight months ago.

Jefferson, for his part, said Monday that "there are two sides to every story" and that he expects to be exonerated. He has not been charged with any criminal conduct.

Staff on both sides say they expect Speaker Hastert and Ms. Pelosi to speak soon on how to protect Congress from abuse of power by the executive branch. "I expect to seek a means to restore the delicate balance of power among the branches of government that the Founders intended," Hastert said, in a statement.

Similar concerns were raised after the FBI's ABSCAM sting operation, which resulted in the conviction of seven members of Congress and five other public officials on bribery charges between 1978 and 1980. The scandal produced the first expulsion from the House since 1861.

"Like ABSCAM, the Jefferson case does seem to be an egregious case of corruption. Congress's best response would probably be to police itself more effectively, rather than claim the executive is violating 'balance of power,' " says Julian Zelizer, a congressional historian at Boston University.

AP material was used in this report.

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