Subpoena showndown looms for Duke Cunningham inquiry
RAW STORY
Published:
Monday January 8, 2007
 A showdown is coming between the Democratic House leadership and the Justice Department on what information can be subpoenaed in a federal investigation, according to a report in today's edition of Roll Call.
At issue, as explained in the article by Susan Davis, are "privileged documents" amassed by various House Committees "that fall under the constitutional Speech or Debate Clause, which provides protection to Members of Congress." The Counsel of the House of Representatives appears to have worked to block the release of the documents, which were gathered as part of the House's own investigation of ex-Rep. Duke Cunningham, the California Republican who pleaded guilty in 2006 to accepting millions of dollars in bribes in the course of his work on the Appropriations Committee.
The dispute has been complicated by the change of power in the House, as the Justice Department's efforts began under Republican leadership. New Appropriations Chairman David Obey (D-Wis.) said "'he was open to cooperating as long as the investigation did not "step on the constitutional prerogatives of the House,'" according to Davis.
Although it is a Republican ex-Congressman and his former staff caught up in the federal investigation, Obey may seek to protect the institutions and traditions of Congress, and pointed to former Speaker Dennis Hastert's protection of Democratic Rep. William Jefferson as an example.
The full text of the article can be accessed by subscribers at the Roll Call website. An excerpt is provided below.
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One source off Capitol Hill said the San Diego U.S. attorney’s office had been working with the House Counsel’s office for about a year to negotiate a hand-over of committee documents. The source said the negotiations apparently had hit a wall, forcing the Justice Department to drop subpoenas last month. “The situation has stepped up significantly,” the source said.
The subpoena requests could trigger a series of legal maneuvers as the House seeks to protect what likely are a number of privileged documents that fall under the constitutional Speech or Debate Clause, which provides protection to Members of Congress.
Aides to both Speaker Nancy Pelosi (D-Calif.) and Minority Leader John Boehner (R-Ohio) said Friday that the House’s legal response was still unclear. If the House opts to fight the subpoenas in federal court, it could take months — if not longer — to resolve the issue.
The potential court battle could further postpone a broad investigation into Cunningham’s illegal activities while he served on both the Appropriations and Intelligence panels. Cunningham pleaded guilty in 2005 to accepting more than $2.4 million in bribes in exchange for favors. He currently is serving an eight-year prison sentence.
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