Statement on the Department of Justice’s Handling of Representative William J. Jefferson’s Materials,
May 25, 2006

Over the last several days, the House of Representatives and the Department of Justice have attempted to resolve a dispute over the execution of a search warrant on the Capitol Hill office of Congressman William Jefferson, who is under criminal investigation.

The Department of Justice’s search was part of an important investigation of alleged public corruption. At the same time, the bipartisan leadership of the House of Representatives believes this search violated the Constitutional principle of separation of powers and the Speech or Debate Clause of the Constitution. They note these principles must be adhered to, even in the pursuit of a legitimate criminal investigation.

I recognize these are deeply held views. Our Government has not faced such a dilemma in more than two centuries. Yet afterdays of discussions, it is clear these differences will require more time to be worked out.

So today I am directing the Department of Justice to seal all the materials recovered from Congressman Jefferson’s office for the next 45 days and not to allow access to anyone involved in the investigation. I am also ordering the sealed materials to remain under the custody of the Solicitor General—who heads a separate office within the Justice Department and is not involved in the investigation.

This period will provide both parties more time to resolve the issues in a way that ensures that materials relevant to the ongoing criminal investigation are made available to prosecutors in a manner that respects the interests of a coequal branch of Government. The Justice Department and the House of Representatives should continue their discussions and resolve this matter as quickly as possible.

Let me be clear: Investigating and prosecuting crime is a crucial executive responsibility that I take seriously. Those who violate the law—including a Member of Congress—should and will be held to account. This investigation will go forward, and justice will be served.