In his most recent blog entry, Speaker Hastert has clarified his objection to the search of Rep. William Jefferson’s office.

The issue that has concerned me, as Speaker, since Saturday night is not if the FBI should be able to search a member of Congress’ office, but rather how to do it within the boundaries of the Constitution.

I regret that . . . they did not work with us to figure out a way to do it consistently with the Constitution. But that is behind us now. I am confident that in the next 45 days, the lawyers will figure out how to do it right.

And yet, Speaker Hastert has not made a convincing case that there is any Constitutional issue here.

Orin Kerr’s initial analysis shows little to support the Speaker’s position.

Given that executing a search warrant involves neither an arrest nor questioning, it would seem to me that the [Speech and Debate] Clause isn?t applicable. Further, Gravel v. United States, 408 U.S. 606, 626-27 (1972), seems to suggest that Congress is not generally exempt from criminal process under the Clause.

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