My friend and classmate Josh Chafetz has a piece up at TNR Online arguing that the executive-branch search of Jefferson's office was indeed unconstitutional as a matter of legislative privilege. (I discussed Akhil Amar's contrary take here.) But, as Josh points out, even if one buys this argument, this does not mean that Jefferson gets off scot-free. He can be prosecuted and tried by the House.

I am not sure yet whether I agree with Josh; I think as a matter of basic structure he is much more inclined to believe that the Constitution has each branch police its own members whereas I am more likely to believe that it has each branch police the other. But he has written the book on this, so you should trust him over me.

And you should go read his very interesting piece.