The top lawyer for the House of Representatives is accusing federal prosecutors of orchestrating “an apparent theft” of House records in connection with the investigation into former Rep. Aaron Schock, who was indicted last November on expense and campaign finance fraud charges.

In a letter sent Wednesday, House General Counsel Thomas Hungar alleged that the FBI and federal prosecutors used “potentially criminal and unconstitutional” tactics by enlisting a former Schock aide to surreptitiously obtain records from his former congressional office.

The FBI’s use of the former Schock district office manager, Bryan Rudolph, as a confidential informant became public last month in a court filing that did not name Rudolph directly.

Hungar’s letter, directed to the acting U.S. attorney overseeing the case and copied to top Justice Department officials and the federal judge involved, paints the use of an informant to obtain House records as a breach of legal standards, including the constitutional separation of powers.

“I am writing to express my serious concerns about improper investigative tactics that were apparently employed by federal agents working under the direction of your office,” Hungar wrote in the missive to Acting U.S. Attorney Patrick Hansen.

“A request by federal law enforcement agents for an employee of a Congressional office to provide office records without authorization from the Member (and/or the Clerk, when appropriate) amounts to a solicitation to that employee to steal official records that do not belong to him or her. Such conduct likely constitutes a federal crime, both on the part of the employee who steals the records and, quite possibly, on the part of federal agents who induce the commission of that underlying crime,” Hungar argued.

A spokeswoman for Hansen’s office confirmed receipt of the letter, but declined to comment.

However, in a court filing last week, prosecutors defended the tactics used in the case and disputed any claim of impropriety or illegality. However, they said they did not plan to use the records obtained by the informant at trial.

The letter is the latest salvo in a decades-long battle between Congress and the Justice Department about the tactics prosecutors can use when investigating federal lawmakers.

House officials have long argued that traditional law enforcement techniques like search warrants and use of undercover recordings, should be subject to special safeguards when Congress is involved. House lawyers have cited the constitution’s speech or debate clause, which is interpreted as giving special protection to records pertaining to a congressman’s official duties.

Recent court filings in the Illinois Republican’s case indicate that, at the request of investigators, the informant also recorded conversations with Schock and other staffers.

Schock’s attorneys have argued that the prosecution tactics may have violated Schock’s constitutional rights. The defense is also seeking dismissal of the indictment for intrusion on congressional prerogatives, including the protections conferred by the speech or debate clause.

A federal grand jury in Springfield, Ill. indicted Schock last fall on 24 felony counts. Prosecutors allege that Schock took tens of thousands of dollars in improper mileage reimbursements, camera equipment and proceeds from selling tickets to the World Series and Super Bowl. Schock even used a front corporation to make money from an annual constituent “fly-in,” the indictment claims.

Schock has entered a not guilty plea. A trial is set in July, but could be delayed as litigation over pretrial motions plays out.

Source: http://www.politico.com/story/2017/04/27/aaron-schock-prosecutors-house-records-237706