House Republicans have publicly acclaimed the Trump administration’s investigation into Rep. Ilhan Omar. But beneath this posture, the raid raises thorny nonpartisan questions about how Congress wants to aggressively defend itself against the encroachment of federal prosecutors.
Department of Homeland Security investigators who raided that of Omar House in Washington Last week, we were looking for evidence related to the Minnesota Democrat’s immigration history. But they also appeared in possession of his personal phone, which likely contains a wealth of information related to that of Omar working at the Capitol – recordings that both parties have a vested interest in keeping private.
Lawmakers use their cell phones and computers to communicate with their aides about upcoming votes, committee hearings, and drafting or introducing legislation. They send text messages and emails to their colleagues about the business of the House. And they talk to voters, advisers, lawyers and experts about Congress’s crucial decisions. The Constitution’s “speech or debate” clause makes these documents absolutely immune from review by federal prosecutors, with few exceptions.
The Founders adopted these protections to ensure that the executive branch could not use its law enforcement power to punish or coerce opponents of Congress. This principle has united Democrats and Republicans, even in this hyperpolarized era.
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