The Jefferson case has been in the headlines for some time now, especially regarding Republican Hastert's attempt to get some type of prior notice from Federal investigators before such a search takes place. A fairly simple strategic analysis reveals why such notification makes equal justice under the law impossible. Like many things that politicians say, Hastert’s claim of some type of congressional privilege seems reasonable on the surface. Why not have federal agencies tell the political authorities of the execution of search warrants before the fact so that Congress can have "observers" there to protect the "rights" of those in Congress. However, if enacted, any such procedures would assure that those in Congress could never be searched without enough warning to hide the evidence. Why? Think it through. First, strategy teaches us that information, especially advanced information, is the most powerful weapon in any conflict. With advanced information, anyone can adjust and nullify the actions of opponents. This is obviously the case with prior warning of searches. Strategy also teaches that allies must share information when it is in both parties best interest to do so. The idea that anyone would act against their own selfish interests to keep a secret from an ally is absurd, especially when their communication could not be proven. Who could be notified in Congress who is impartial in the investigation of a fellow Congressperson? Every Democrat has an interest in protecting every other Democrat against corruption charges because they had hope to paint the Republicans as the party of corruption (and vice versa). So, could you just notify Hastert, a Republican of the search of a Democrat's office? If Hastert didn't immediately notify his Democratic counterpart, Hastert himself would himself be charged with collusion and the investigation would be tainted. More to the point, who would you then notify in the even of the search of a Republican’s office? Obviously, you couldn’t notify the head Republican alone. Any notification has to be of both parties. However, if Reid, the lead Democrat, was notified, he would have to act to protect his party. He would have to notify Jefferson. If he didn't, he wouldn't remain as the Democratic leader in Congress. His job is to protect his constituency, that is, his fellow party members. Since the founding of Congress, everyone has recognized that keeping a secret in Congress from leaking to the outside world is impossible because it is usually in someone's best partisan interest to leak. Keeping a secret within Congress from fellow member is a ten times more impossible. It is not like anyone in Congress has to actually get anything done, like run the government and prosecute cases. Everyone in Congress understands this. All this stuff about "protecting the separation of power" is just their code for establishing themselves as protected elite, above the law. As we move deeper into the era of professional politicians, who see themselves as a special, privileged class, this thinking is simply harder and harder for them to disguise.