This is a big hit to the DOJ’s position on raiding a Congressman’s office:

A federal appeals court on Friday barred the Justice Department from reviewing evidence seized from a Louisiana congressman’s office during an unprecedented FBI raid on his Capitol Hill office in May.

A three-judge panel ordered a federal trial judge to ensure that Democratic Rep. William Jefferson be given copies of seized evidence contained on more than a dozen computer hard drives, several floppy disks and two boxes of paper documents.

The panel said Jefferson then must be given the opportunity to invoke legislative privilege claims in private with the trial judge.

Jefferson had asked the appeals court to stop the Justice Department from beginning an initial review of the seized materials by a special team of prosecutors and FBI agents while he appeals a trial judge’s ruling earlier this month upholding the legality of the search.

Chief U.S. District Judge Thomas F. Hogan said barring searches of lawmakers’ offices could turn Capitol Hill into “a taxpayer-subsidized sanctuary for crime.”

This should really spark some interesting debate on Capital Hill. I am sure Dennis Hastert is breathing a sigh of relief now.