While Hastert and Pelosi’s offices have had some conversations since Hogan handed down his decision, no consensus has been achieved as to whether to file a motion backing Jefferson’s appeal, and several top leadership aides predicted that no such motion will be filed. The entire group of elected leaders on both sides of the aisle that make up BLAG have not been consulted on their views at this point.
“The BLAG has not discussed this yet,” said a GOP leadership aide. “No decision has been made yet.”
A majority vote is required to approve any action by the BLAG.
If the BLAG does not file a motion backing Jefferson’s appeal, then several prominent former lawmakers may be recruited to do so, as well as legal experts familiar with the intricacies of the Speech or Debate Clause and the separation of powers principle, according to House insiders.
House officials and the Justice Department have been holding talks to work out ground rules for future searches of Congressional offices, although those discussions have not yielded an agreement at this time.