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Evidence on congressman kept from government review

WASHINGTON -- A federal appeals court yesterday barred the Justice Department from reviewing evidence seized from a Louisiana congressman's office during an unprecedented FBI raid on his Capitol Hill office in May.

A three-judge panel ordered a federal trial judge to ensure that Representative William Jefferson, Democrat of Louisiana, be given copies of seized evidence contained on more than a dozen computer hard drives, several floppy disks, and two boxes of paper documents.

The panel said Jefferson then must be given the opportunity to invoke legislative privilege claims in private with the trial judge before investigators can review the materials.

The congressman must raise the claims within two days of receiving copies of the seized materials, the panel said.

Justice Department spokesman Brian Roehrkasse said the agency is ``pleased the court acted expeditiously. It is clear they understand the importance of moving this matter forward."

Jefferson had asked the appeals court to stop the Justice Department from beginning an initial review of the seized materials by a special team of prosecutors and FBI agents while he appeals a trial judge's ruling earlier this month upholding the legality of the search.

Chief US District Judge Thomas F. Hogan said barring searches of lawmakers' offices could turn Capitol Hill into ``a taxpayer-subsidized sanctuary for crime."

The materials were seized May 20-21 during an 18-hour search of Jefferson's Rayburn Building office.

The search was part of a 16-month international bribery investigation of Jefferson, who allegedly accepted $100,000 from a telecommunications businessman, $90,000 of which was later recovered in a freezer in the congressman's Louisiana home.

In his ruling, Hogan rejected requests from Jefferson and a bipartisan group of congressional leaders to return the seized materials, saying the raid did not violate the Constitution's protections against intimidation of elected officials.

At issue is a constitutional provision known as the speech or debate clause, which protects elected officials from being questioned by the president, a prosecutor, or a plaintiff in a lawsuit about their legislative work.

Jefferson has been under investigation since March 2005 for allegedly using his position to promote the sale of telecommunications equipment and services offered by iGate, a Louisville-based firm, that sought contracts with Nigeria, Ghana and other African nations. In return for his help, Jefferson allegedly demanded stock and cash payments. The congressman has not been charged and has denied wrongdoing.

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