George Bush has successfully quelled the Congressional grab for perpetual immunity from criminal prosecution as well as a potential rebellion at Justice, deftly using a cooling-off period to allow both sides to climb down from their hard-line positions. House Speaker Denny Hastert, having presumably checked his In box and re-read the Constitution, now agrees that the FBI can conduct searches of Congressional offices when armed with a valid search warrant:

House leaders acknowledged Friday that FBI agents with a court-issued warrant can legally search a congressman's office, but they said they want procedures established after agents with a court warrant took over a lawmaker's office last week.

"I want to know exactly what would happen if there is a similar sort of thing" in the Senate, Majority Leader Bill Frist, R-Tenn., said Friday, shortly after summoning Attorney General Alberto Gonzales to his office.

House Speaker Dennis Hastert, R-Ill., concurred: "I am confident that in the next 45 days, the lawyers will figure out how to do it right."

Gonzales was similarly optimistic. "We've been working hard already and we'll continue to do so pursuant to the president's order," he told The Associated Press.

That apparently comes as a change in tone for the Attorney General. According to the New York Times, Gonzalez, FBI director Robert Mueller, and some of their staffs threatened to walk off the job if the President ordered the return of the seized materials to Jefferson:

Attorney General Alberto R. Gonzales, the F.B.I. director, Robert S. Mueller III, and senior officials and career prosecutors at the Justice Department told associates this week that they were prepared to quit if the White House directed them to relinquish evidence seized in a bitterly disputed search of a House member's office, government officials said Friday.

Mr. Gonzales was joined in raising the possibility of resignation by the deputy attorney general, Paul J. McNulty, the officials said. Mr. Gonzales and Mr. McNulty told associates that they had an obligation to protect evidence in a criminal case and would be unwilling to carry out any White House order to return the material to Congress. ...

It is not clear precisely what message Mr. Gonzales delivered to Mr. Bush when they met Thursday morning at the White House, or whether he informed the president of the resignation talk. But hours later, the White House announced that the evidence would be sealed for 45 days in the custody of the solicitor general, the Justice Department official who represents the government before the Supreme Court. That arrangement ended the talk of resignations.

Until now, Gonzalez has always appeared to be a moderate, get-along-to-go-along political appointee. However, this shows that the AG has serious backbone and integrity to spare. He and Mueller both understood the stakes involved in this standoff and refused to participate in creating a political class insulated from law enforcement. Without the power to enforce and execute duly authorized subpoenas and search warrants, members of Congress could hide evidence of corruption in their offices with no fear of exposure or prosecution. It would create a taxpayer-funded sanctuary for crooks, and the top officials at Justice sent the message that they would not become accessories to that system.

Bush already knew this but wanted Hastert to come to that conclusion on his own, or at least allow Hastert the opportunity to appear to have done so. Before anyone made the kind of bold public gesture Gonzalez threatened, he simply froze the status quo for six weeks, giving time for everyone to reach their own conclusions rather than get embarrassed by a Supreme Court decision that would undoubtedly have painted Hastert and Pelosi as obstructors of justice.

Given this time out for his obstinacy, Hastert and his colleagues have busied themselves with goalpost-moving and backtracking. Before, they claimed a Constitutional privilege of freedom from search warrants and subpoenas from the executive branch, even though Congress regularly issues subpoenas without judicial approval against members of the executive branch. Now Hastert has acknowledged that Congressmen are subject to the same laws as everyone else, but have modified their complaint; now they say the issue is that Jefferson and his attorney were not allowed to be present at the search. That's a far cry from the phony Constitutional crisis they declared earlier this week, perhaps a more reasonable issue and certainly one that didn't require Hastert's intercession. He could have kept his mouth shut and let Jefferson's attorney raise that question when the evidence got submitted for trial -- just like any other defendant in a criminal case.

The denouement of this kerfuffle demonstrates two very important points. George Bush still holds the power in Washington and in the GOP, and this controversy shows that he and the people at Justice remain the adults in charge of the day care center. Hastert has severely damaged himself politically in two ways. No one in the GOP will ever give Hastert the same level of trust again after this attempt to pervert the Constitution, and Republicans will remain furious with him for taking the focus off of William Jefferson and his cash-cow business in selling his vote.

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