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(单词翻译:双击或拖选)
By Dan Robinson
Capitol Hill
30 May 2006
Witnesses and lawmakers at a congressional hearing on Capitol Hill have sharply criticized an FBI raid on the office of a member of Congress, calling it a dangerous violation1 of constitutional principles.
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William Jefferson
One after another, witnesses called the FBI raid on the office of Congressman2 William Jefferson an unprecedented3 breach4 of protections the Constitution provides members of Congress against intrusions by the Executive Branch of government.
In the 18-hour search, under authority of a court warrant, the FBI removed paper and computer records from the office of the Louisiana Democratic lawmaker, who has been the subject of a federal bribery6 investigation7.
That means federal investigators8 had access not only to material that may have been related to their investigation of Jefferson, but also other material relating to his legislative9 and representational activities.
House Judiciary Committee Chairman James Sensbrenner, a Republican, says the issues raised by the search transcend10 any particular member of Congress.
"A constitutional question is raised when communications between members of Congress and their constituents11, documents having nothing whatsoever12 to do with any crime, are seized by the executive branch without constitutional authority," said Mr. Sensbrenner. "This seizure13 occurred without so much as lawyers or representatives of Congress being allowed to simply observe the search and how it was conducted. Neither was anyone representing the institutional interests of Congress allowed to make a case before a judge raising these important separation of powers issues."
In preparing the affidavit14 that formed the basis of a court-approved search warrant, the Justice Department said it acted only because other methods had been exhausted15, principally a subpoena16 to force Jefferson to hand over documents.
Constitutional scholar and George Washington University Professor of Law Jonathan Turley calls the raid on the Jefferson office a tradition-shattering challenge to the separation of powers:
"The raid on this office, of Representative Jefferson, represents a profound and almost gratuitous17 insult to a co-equal branch of government," said Mr. Turley. "In the history of this country, no president has ever ordered or allowed a search of an office of a sitting member of this House."
Turley urges lawmakers to respond forcefully and quickly with legislation aimed at preventing a recurrence18 of the event.
Bruce Fein is principal partner in The Lichfield Group consulting firm.
"It is exceptionally important that the Congress respond clearly and authoritatively19 with a statute20 that rejects the authority of the Executive Branch [of government], whether or not a search warrant is authorized21 by a judge, to look through the files of a member's office and glance at legislative protected materials under the speech or debate clause," he said. "That kind of authority can be abused to intimidate22, to cow Congress, into submission23 to executive desires."
Robert Walker, a former congressman from Pennsylvania and now chairman of the Wexler & Wexler public affairs firm, does not advocate legislation, but urges Congress to take other steps.
"Congressional leadership must seek an explanation for the seemingly-oblivious nature of the warrant process," he said. Demand a full accounting24 for the decision-making process that led to the Rayburn [Building] raid. The Judiciary Committee should be prepared to subpoena documents tied to this incident. Seek an explanation for what seems to be a lack of judicial25 respect for the traditions and precedents26 that have insulated legislative deliberations from the threat of overzealous exercise of Executive power. "
As they consider responses to the FBI raid, lawmakers are not asserting that members of Congress be immune from law-enforcement investigations27. But they are accusing the government of ignoring proper procedures.
Congressman John Conyers is the ranking Democrat5 on the Judiciary Committee:
"Ten days after the fact, we have never been told why the pending28 subpoena against a member [of Congress] could not have been enforced consistent with the law," said Mr. Conyers.
Charles Tiefer is Professor of Law at the University of Baltimore School of Law.
"This raid had all the elements of unconstitutional Executive intimidation," said Mr. Tiefer. "It breached29 what I have just described, a previously30 sacrosanct31 constitutional tradition."
President Bush last week ordered that the materials seized by the FBI from Congressman Jefferson's office be sealed for 45 days, a kind of cooling off period as Congress and government officials tackle the issues raised by the search.
Congressional leaders have predicted that the issues are of such magnitude to deserve eventual32 consideration by the Supreme33 Court.
Witnesses supported that, and Congressman Sensenbrenner says he will call Attorney General Alberto Gonzalez and other officials to testify in additional hearings.
Although the hearing occurred during a weeklong congressional recess34, and did not summon Bush administration witnesses to testify, it ensures the matter will remain a key focus of congressional attention in coming weeks.
1 violation | |
n.违反(行为),违背(行为),侵犯 | |
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2 Congressman | |
n.(美)国会议员 | |
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3 unprecedented | |
adj.无前例的,新奇的 | |
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4 breach | |
n.违反,不履行;破裂;vt.冲破,攻破 | |
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5 democrat | |
n.民主主义者,民主人士;民主党党员 | |
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6 bribery | |
n.贿络行为,行贿,受贿 | |
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7 investigation | |
n.调查,调查研究 | |
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8 investigators | |
n.调查者,审查者( investigator的名词复数 ) | |
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9 legislative | |
n.立法机构,立法权;adj.立法的,有立法权的 | |
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10 transcend | |
vt.超出,超越(理性等)的范围 | |
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11 constituents | |
n.选民( constituent的名词复数 );成分;构成部分;要素 | |
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12 whatsoever | |
adv.(用于否定句中以加强语气)任何;pron.无论什么 | |
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13 seizure | |
n.没收;占有;抵押 | |
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14 affidavit | |
n.宣誓书 | |
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15 exhausted | |
adj.极其疲惫的,精疲力尽的 | |
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16 subpoena | |
n.(法律)传票;v.传讯 | |
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17 gratuitous | |
adj.无偿的,免费的;无缘无故的,不必要的 | |
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18 recurrence | |
n.复发,反复,重现 | |
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19 authoritatively | |
命令式地,有权威地,可信地 | |
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20 statute | |
n.成文法,法令,法规;章程,规则,条例 | |
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21 authorized | |
a.委任的,许可的 | |
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22 intimidate | |
vt.恐吓,威胁 | |
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23 submission | |
n.服从,投降;温顺,谦虚;提出 | |
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24 accounting | |
n.会计,会计学,借贷对照表 | |
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25 judicial | |
adj.司法的,法庭的,审判的,明断的,公正的 | |
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26 precedents | |
引用单元; 范例( precedent的名词复数 ); 先前出现的事例; 前例; 先例 | |
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27 investigations | |
(正式的)调查( investigation的名词复数 ); 侦查; 科学研究; 学术研究 | |
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28 pending | |
prep.直到,等待…期间;adj.待定的;迫近的 | |
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29 breached | |
攻破( breach的现在分词 ); 破坏,违反 | |
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30 previously | |
adv.以前,先前(地) | |
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31 sacrosanct | |
adj.神圣不可侵犯的 | |
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32 eventual | |
adj.最后的,结局的,最终的 | |
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33 supreme | |
adj.极度的,最重要的;至高的,最高的 | |
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34 recess | |
n.短期休息,壁凹(墙上装架子,柜子等凹处) | |
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