John Doolittle to Fight Subpoena: Creates Constitutional Showdown

by Julia Rosen [courtesy of Calitics - Front Page]

Doolittle is refusing to turn over 11 years worth of documents to the FBI, which were recently subpoenaed, as part of the ongoing probe into Jack Abramoff.  This will set up a constitutional crisis over the ability of the Executive Branch to request documents from the Legislative Branch.  Yes, this was an issue with the raid on William Jefferson's office last year.  AP (over at TPM).  h/t to jeremybloom

Prosecutors recently demanded documents from Doolittle and five staffers, the congressman said. The subpoenas seek "virtually every record including legislative records" for the past 11 years, Doolittle's attorney David Barger said in a news release issued Thursday by the congressman's office.

There is more from Doolittle's lawyer below the fold.  The AP story does not have any quotes from Justice.  I look forward to hearing constitutional experts weigh in on this case.  At the very least, it seems like Doolittle has something to hide, or else why defy the subpoena?

"These efforts raise serious constitutional issues going to the very core of our separation of powers created by the Founding Fathers," Barger said.

The Constitution prohibits the executive branch from using its law enforcement powers to interfere with legislative business. Barger said he and Doolittle would "be vigilant" to ensure Congress' independence is "vigorously protected." Any court challenge would go before a federal judge, but the documents would be sealed.