President George W. Bush's intervention in the dispute between Congress and the Justice Department over the FBI search of Rep. William Jefferson's office infuriated many senior law-enforcement officials. Bush's directive to temporarily remove the documents from FBI custody was an implicit rebuke not just of FBI Director Robert Mueller but of Attorney General Alberto Gonzales—both of whom signed off on the search of Jefferson's office before it took place. "What is he (Bush) saying? His own Justice Department was wrong?" said one senior law-enforcement official who, like other senior officials NEWSWEEK spoke to, asked not to be identified because of the political sensitivity of the case.
"People are livid about this. " FBI officials say the search was undertaken only after the Louisiana Democrat failed to turn over records subpoenaed by a federal grand jury nine months ago. The bureau was seeking material relating to an African business deal Jefferson allegedly helped promote in exchange for bribes—including $90,000 apparently stuffed in his freezer. Once it became clear Jefferson would not comply—reportedly on Fifth Amendment grounds—federal prosecutors got the green light from Gonzales to seek a search warrant. A lawyer for Jefferson called the search "outrageous" and said his client "has consistently maintained his innocence."
House Speaker Dennis Hastert erupted in fury over the search, demanding that the FBI return the material. "I've never seen Denny Hastert as mad," said a senior Bush aide, declining to be named. Hastert twice complained directly to Bush that the FBI search of a congressman's office was unprecedented and an unconstitutional violation of the separation of powers. When Dick Cheney chief of staff David Addington backed Hastert, tempers flared. DOJ officials floated the idea that Gonzales and Mueller might even resign over the issue. That put Bush in a bind—either to back up his old friend Gonzales or placate a speaker the White House badly needs on immigration reform and other matters. To cool passions, Bush ordered the seized materials transferred to the office of Solicitor General Paul Clement.
"The White House was looking to give Hastert some cover," said one administration official, requesting anonymity. The official said Hastert's position was "out of sync" with a public increasingly fed up with corruption. In talking points distributed to GOP House members last week, Hastert and other House leaders conceded the perils of their position. "Is this a smart battle for Congress to fight?" the talking points asked. "Perhaps not. Defending Constitutional principles—particularly those related to institutional balances of power—is often not politically expedient and often results in bad publicity."
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