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Rep. Cooper by Day; Hacker by Night?
A strange thing happened at a House Oversight hearing today, with a witness accusing a congressman of hacking a secure website, and claiming he was currently being investigated by the FBI.
The Committee hearing examined questionable practices at Pedernales Electric Cooperative. During the interrogation Rep. Jim Cooper (D-TN) cited documents that he said came from "secret, password-protected website" of the National Rural Electric Cooperative Association, in testimony today in front of the Committee
In response, NRECA President Glenn English, a former Congressmen from Oklahoma, claimed that the NRECA counsel had told him that Cooper was in the process of being investigated by the FBI for taking unauthorized information from their website.
As Roll Call reports, the allegation upset the hearing and unleashed a flurry of denials:
Cooper responded that someone had given him authorization and provided him with a password to download the documents, but English said that only he or a limited number of other officials from the organization could authorize access. Chairman Henry Waxman (D-Calif.) immediately gaveled the hearing to a close.An FBI spokesman said the bureau "doesn't comment on accusations made by others concerning its investigative activity."
Cooper spokesman John Spragens said, "This is a bogus attempt to intimidate Congress from trying to investigate an industry. The idea that a Congressman would be under investigation for conducting an investigation is laughable. That's why we have the Constitution."
Spragens added, "We have no reason to think that Congressman Cooper is under investigation."













Even if the Congressman did access a government computer system using a password, it would seem that the Speech and Debate Clause would give him a full measure of protection and immunity.
Reps. Jefferson and Renzi have tried to invoke S&D to cover up alleged illegal personal activities.
If Rep. Cooper was investigating illegality, then it would seem that he's covered and intimidation was English's goal.
Now as for whomever passed Cooper the password, well, different matter. But that would probably be something for OSC Special Counsel Scott Bloch to investigate. And, as we all know, Scott Bloch is the finest American since George Washington! (Maybe better!)
June 27, 2008 10:41 AM | Reply | Permalink
Hi Citoyen92 -- You are knowledgeable, so I have a question. I'm no expert on the Speech and Debate Clause; however, my impression was that it mainly protected statements made on the HOuse of Senate floors during Congressional debates. Does the protection also arguably extend to efforts to collect evidence/materials outside of the Capitol that would then be used in statements on the House/Senate floor? That would seem to be a significant extension, but perhaps it is possible. But if the clause doesn't cover such activities then Rep. Cooper might not be protected by the Speech and Debate Clause.
However, let me hasten to add that is NOT to imply that Rep. Cooper has necessarily done anything unlawful. I don't know, and I have no particular expertise in the legality of(allegedly) accessing information from websites without official "permission". I think that's a murky and evolving area. (That the FBI supposedly is investigating some action by Rep. Cooper, by itself, is not particularly relevant: the FBI investigates many things, and many of its investigations do not result in any criminal charges.)
June 27, 2008 5:17 PM | Reply | Permalink
The only time unlawful behavior in government seems to be a problem is when it may have been used by somebody outside of the Cheney/Bush cabal.
June 27, 2008 6:50 PM | Reply | Permalink
Thanks. I'll quote "answers.com" - first, I like their analysis, and think it's overall pretty accurate:
The article goes on rightly to say that there were several Supreme Court cases in the 70's that more deeply examined Speech/Debate. All of them are irrelevant to this set of fact - unless Cooper was dealing in classified info. If the info was classified, then a case involving Mike Gravel would become relevant - essentially a ruling that MoC's cannot take classified information and as an agent get the media to publish it.
June 27, 2008 7:38 PM | Reply | Permalink
"Legitimate legislative authority" being the power of Congressional oversight -- a power that Waxman has been trying to wield and restore.
June 27, 2008 7:39 PM | Reply | Permalink