FBI violated lawmaker's rights in Capitol Hill raid

WASHINGTON, Aug 3 (Reuters) FBI agents violated the rights of a Democratic congressman when they confiscated files from his Capitol Hill office while investigating allegations he took bribes, a federal appeals court ruled today.

The three-judge panel ordered the FBI to give Louisiana Rep. William Jefferson back all privileged legislative files, including copies, taken from his office during the raid on May 20-21 of last year.

The court found that FBI agents violated the US Constitution's mandate that Congress operate as a co-equal branch of government without being intimidated by the law enforcement powers of the executive branch.

The court barred the agents who conducted the search from disclosing contents of any privileged or politically sensitive information from the files. It also limited their further involvement in the case.

However, the appeals court also ruled the FBI could retain confiscated material from his office which has nothing to do with legislative business.

A 16-count indictment in June charged Jefferson with racketeering, soliciting bribes for himself and his family, fraud, money laundering, obstruction of justice, conspiracy and violating the Foreign Corrupt Practices Act.

Jefferson, 63, a member of the US Congress since 1991 whose district includes New Orleans, faces a maximum of 235 years in prison if convicted. He has pleaded not guilty and has vowed to fight the charges.

The investigation has centered on whether Jefferson used his position to promote the sale of telecommunications equipment and services offered by a Louisville-based firm to Nigeria, Ghana, and possibly other African nations in return for stock and cash payments.

In a search of his home, 90,000 dollars were found in his freezer.

Justice Department officials have said the charges against Jefferson were based on evidence largely obtained separately from the raid on his office.

A lawyer for Jefferson, Robert Trout, said he was pleased by the ruling. ''Today's opinion underscores the fact that the Department of Justice is required to follow the law, and that it is bound to abide by the Constitution,'' he said.

''We are confident that as this case moves forward, and when all of the facts are known, we will prevail again and clear Congressman Jefferson's name,'' Trout said.

REUTERS RS KP2332