P. 41(g). We hold that the compelled disclosure of privileged material to the Executive during execution of the search warrant for Rayburn House Office Building Room 2113 violated the Speech or Debate Clause and that the Congressman is entitled to the return of documents that the court determines to be privileged under the Clause. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 06-3105. at 709. Cf. The parties disagree on precisely when that should occur and what effect any violation of the Member's Speech or Debate rights should have. However, this court has. In drafting the Speech or Debate Clause, the Framers drew upon English history and the long struggle for parliamentary supremacy against Tudor and Stuart monarchs during which successive monarchs utilized the criminal and civil law to suppress and intimidate critical legislators from publicly opposing the Crown. The attached affidavit of Special Agent Timothy R. Thibault of the Federal Bureau of Investigation (FBI) described how the apparent victim of a fraud and bribery scheme who had come forward as a cooperating witness led to an investigation into bribery of a public official, wire fraud, bribery of a foreign official, and conspiracy to commit these crimes. The filter team would make similar determinations with respect to the data on the copied computer hard drives, following an initial electronic screening by the FBI's Computer Analysis and Response Team. No. 1970, 56 L.Ed.2d 525 (1978), is misplaced. The Capitol Subway System, an underground transportation system, connects the building to the Capitol. If the testimonial privilege under the Clause is absolute and there is no distinction between oral and written materials within the legislative sphere, then the non-disclosure privilege for written materials described in Brown & Williamson, 62 F.3d at 421, is also absolute, and thus admits of no balancing, cf. 2531. 1957; Count 15, Obstruction of Justice, 18 U.S.C. If Executive Branch exposure alone violated the privilege, agents could not conduct a voluntary interview with a congressional staffer who wished to report criminal conduct by a Member or staffer, because of the possibility that the staffer would discuss legislative acts in describing the unprivileged, criminal conduct. Appellee's Br. See United States v. Nixon, 418 U.S. 683, 703-04, 94 S.Ct. Web2244 Rayburn House Office Building. 2020 RHOB The U.S. House of Representatives does not control or guarantee the accuracy, relevance, timeliness, or completeness of this third-party information. WebCONTACT: 2329 Rayburn House Office Building, Washington DC 20515-1302, COMMITTEE: Committee on Energy and Commerce. at 1. Only after failing to obtain the records through investigative means within Rep. Jefferson's ability to control did the government turn to a search warrant, which minimizes Rep. Jefferson's role-and his Fifth Amendment right. By the time of the Constitutional Convention, the privilege embodied in the Speech or Debate Clause was recognized as an important protection of the independence and integrity of the legislature, United States v. Johnson, 383 U.S. 169, 178, 86 S.Ct. The FBI agents were to review and seize paper documents responsive to the warrant, copy all electronic files on the hard drives or other electronic media in the Congressman's office, and then turn over the files for review by a filter team consisting of two Justice Department attorneys and an FBI agent. In order to maximize accessibility, this site has been designed to conform with: House.gov includes code and content provided by third parties. 2059 Rayburn House Office Building Washington, D.C. 20515 The execution of a valid search warrant is an exercise of executive power, United States v. Grubbs, 547 U.S. 90, 126 S.Ct. Still, the Congressman makes no claim in his brief, much less any showing, that the functioning of his office has been disrupted as a result of not having possession of the original versions of the non-privileged seized materials. 7. Capitol Rotunda For the reasons stated, absent any claim of disruption of the congressional office by reason of lack of original versions, it is unnecessary to order the return of non-privileged materials as a further remedy for the violation of the Clause. When the Senate is not in session, the two Senate Galleries will be open from 8:30 a.m. to 4:00 p.m., Monday Friday, with the exception of Federal holidays. I, 6, cl. Open dawn to dusk, daily, including all weekends and holidays. Our precedent establishes that the testimonial privilege under the Clause extends to non-disclosure of written legislative materials. 06-3105 (D.C.Cir. [4] The raid led to members of both parties questioning the constitutionality of the action,[5] and a subsequent hearing by the House Judiciary Committee. In the meantime, the court enjoined the Executive from reviewing any of the seized documents pending further order of this court. 2020 RHOB (Ways and Means Committee) Three days later, the court remanded the record to the district court to make findings regarding which, if any, documents (physical or electronic) removed from [the] Congressman['s] office pursuant to a search warrant executed on May 20, 2006, are records of legislative acts. Order of July 28, 2006 (Remand Order). This system allows the Rayburn building to be connected to most of the Congressional office buildings on Capitol Hill via tunnel (the Ford House Office Building is freestanding and attached to no other structures by tunnel). "[2] at 420. [1] Congressional leaders inserted a gymnasium into the building plans, a fact that was not publicly known at the time of construction. 41(g), does not affect DiBella's controlling force, which balanced the individual and government interests and their relationship to trial delays or disruptions, 369 U.S. at 124, 126, 129, 82 S.Ct. Capitol Hill Facts - Rayburn House Office Building | Architect of The Ca 2128 RHOB (Financial Services) Steak n Shake is located adjacent to the Rayburn Cafeteria. Given this purpose, we concluded that the Clause permit[s] Congress to insist on the confidentiality of investigative files and therefore barred enforcement of the subpoena. 138, and they shall not be involved in the pending prosecution or other charges arising from the investigation described in the warrant affidavit other than as regards responsiveness, id. 201(b)(2)(A); Counts 5 to 10, Scheme to Deprive Citizens of Honest Services by Wire Fraud, id. The fact that the prosecution has commenced will afford adequate opportunity to challenge the constitutionality of the search of his office, and hence there is now no danger that the [Executive] might retain [the Congressman's] property indefinitely without any opportunity to assert on appeal his right to possession; hence there is no basis upon which to grant piecemeal review of [his further] claim [for non-privileged materials]. United States v. Search Warrant for 405 N. Wabash, Suite 3109, 736 F.2d 1174, 1176 (7th Cir.1984). at 37-38. 2123 RHOB (Energy and Commerce Committee) (bribery of foreign official) and 18 U.S.C. See Appellant's Br. According to Brewster, a Member of Congress may be prosecuted under a criminal statute provided that the Government's case does not rely on legislative acts or the motivation for legislative acts. Id. HC-5 5. Const., art. Office assignments Note: Last entry is at 4:30 p.m.Closed to the public on Sundays, Thanksgiving Day, Christmas Day, and New Year's Day. According to the brief for the Executive, the Attorney General ordered the FBI to regain custody of the seized materials and imposed an immediate freeze on any review until the district court and this court considered the Congressman's request for a stay pending appeal. Will Rogers Statue Area The district court found probable cause for issuance of the search warrant and signed it on May 18, 2006, directing the search to occur on or before May 21 and the U.S. Capitol Police to provide immediate access to Room 2113. Complete Directory . This court's jurisdiction of the Congressman's appeal rests on the collateral order doctrine. Some parts of the lockdown were removed, though other areas remained sealed. The area west of the Longworth Building on squares 635 and 636 was chosen, with the main entrance on Independence Avenue and garage and pedestrian entrances on South Capitol Street, C Street, and First Street Southwest. 657-61. 390 CHOB (Cannon Caucus Room), Longworth Lobby Stakeout East 572, 57 L.Ed. On the other hand, limiting the law enforcement tools that may be used to investigate Members does undermine the legitimate needs of the judicial process, specifically, the primary constitutional duty of the Judicial Branch to do justice in criminal prosecutions. Nixon, 418 U.S. at 707. Please be as specific as possible in your description of the problem(s) encountered as well as the location on the website. And while it is true that, once it attaches, the Clause is an absolute bar to interference with legislators, Eastland, 421 U.S. at 503, 95 S.Ct. 3090, 41 L.Ed.2d 1039 (1974) (citing Speech or Debate Clause cases to illustrate judicial power to define scope of executive privilege); cf. 1813, 44 L.Ed.2d 324 (1975))). To receive these alerts while visiting Capitol Hill, visitors may sign up for Alert DC to receive USCP alerts provided to HSEMA. The Executive's search of the Congressman's paper files therefore violated the Clause, but its copying of computer hard drives and other electronic media is constitutionally permissible because the Remand Order affords the Congressman an opportunity to assert the privilege prior to disclosure of privileged materials to the Executive; the Executive advises, see Appellee's Br. Perhaps more to the point, however, he contends that complete return of all seized materials is the only remedy that vindicates the separation of powers principles underlying the Speech or Debate Clause and serves as an appropriate deterrent to future violations. Reliance by the Executive and the district court on Zurcher v. Stanford Daily, 436 U.S. 547, 566-67, 98 S.Ct. At trial Rep. Jefferson may assert Speech or Debate Clause immunity to bar the use of records he claims are privileged. at 661. i Believe the question can be directly answered yes without resort to dicta or any other indirect support or theory. Contrary to the Executive's understanding on appeal, it is incorrect to suggest that Congressman Jefferson's position is that he was entitled to prior notice of the search warrant before its execution, without regard to the Executive's interests in law enforcement. at 660, again begs the question whether Brown & Williamson's non-disclosure rule applies to criminal matters at all. The Speech or Debate protected by the Constitution includes only legitimate legislative activity, see, e.g., Tenney v. Brandhove, 341 U.S. 367, 376, 71 S.Ct. Ford House Office Building - Entrance on 3rd Street, SW, near intersection with D Street, SW. Russell Senate Office Building - Delaware entrance on ground level closest to Constitution Avenue. Art. The investigation included speaking with the Congressman's staff, one of whom had advised that records relevant to the investigation remained in the congressional office. 367, 92 L.Ed. 2614 (Clause does not privilege either Senator or aide to violate an otherwise valid criminal law in preparing for or implementing legislative acts (emphasis added)), so that Brown & Williamson's reference to Gravel's sensitivities to the existence of criminal proceedings against persons other than Members of Congress does no more than describe the Gravel facts, Brown & Williamson, 62 F.3d at 419. While the Fourth Amendment issue is not before us, the Supreme Court's instruction in United States v. Leon, 468 U.S. 897, 104 S.Ct. See Letter from Roy W. McLeese III, Assistant United States Attorney, to Mark J. Langer, Clerk (June 7, 2007); Letter from Robert P. Trout, Esquire, to Mark J. Langer, Clerk (June 11, 2007). The FBI agents' execution of the warrant on Rep. Jefferson's congressional office did not require the latter to do anything and accordingly falls far short of the question[ing] the court in Brown & Williamson found was required of a Member in response to a civil subpoena. 11. Currently, Immuno-Mycologics, Inc. 2059 Rayburn House Office Building May 20-21, 2006 was the first time a sitting Member's congressional office has been searched by the Executive. As [t]he laws of this country allow no place or employment as a sanctuary for crime, Williamson v. United States, 207 U.S. 425, 439, 28 S.Ct. at 660. See id. The cornerstone was laid in May 1962, and full occupancy began in February 1965. Id. Find event and ticket information. at 84-85 (electronic records). 1494, 1501, 164 L.Ed.2d 195 (2006) (internal quotation omitted), and, as noted, the Supreme Court has made clear that the Clause does not purport to confer a general exemption upon Members of Congress from criminal process, Gravel, 408 U.S. at 626, 92 S.Ct. We agree, for the Executive retains in its possession seized materials, including complete copies of every computer hard drive in Room 2113, which contain legislative material.3 See City of Erie v. Pap's A.M., 529 U.S. 277, 287, 120 S.Ct. If you have any accessibility questions, please call the Office of Congressional Accessibility Services at 202-224-4048. R. Crim. Unlike the Congressman's request for the return of legislative materials protected by the Speech or Debate Clause, the further claim for the return of all non-privileged materials is not independent of the criminal prosecution against him, especially if the legality of the search will be a critical issue in the criminal trial. 137-38. The Supreme Court has made clear that the two elements of the privilege-Speech or Debate and question[ing]-must be read broadly to effectuate its purposes. United States v. Johnson, 383 U.S. 169, 180, 86 S.Ct. 3405, 82 L.Ed.2d 677 (1984), is relevant to the extent the Congressman invokes deterrence as a rationale for the remedy he seeks under Rule 41(g). 2175 RHOB (Education and the Workforce Committee) 2113 Washington, D.C. 20515, 432 F.Supp.2d 100, 113 (D.D.C.2006), the district court noted that the warrant sought only materials that were outside of the legitimate legislative sphere, id. It is this aspect of the warrant's execution that Rep. Jefferson claims violated the Clause because it constituted impermissible question[ing] of him. Rep. Jefferson places considerable emphasis on the fact that the executive branch executed a search warrant on the legislative office of a sitting Member of Congress for the first time in the history of the United States. Appellant's Br. o Longworth Take elevators to the basement level and follow signs to Cannon or Rayburn. 749, 15 L.Ed.2d 681 (1966), and was to serve as a protection against possible prosecution by an unfriendly executive and conviction by a hostile judiciary, id. 2141 RHOB (Judiciary Committee) 13. 1310 LHOB (House Administration Committee) at JA 79-87. ", "Appeals Court: Raid on Jefferson's Office Violated Constitution", General George Washington Resigning His Commission, First Reading of the Emancipation Proclamation of President Lincoln, Scene at the Signing of the Constitution of the United States, George Washington and the Revolutionary War Door, Westward the Course of Empire Takes Its Way, Emergency Planning, Preparedness, and Operations, https://en.wikipedia.org/w/index.php?title=Rayburn_House_Office_Building&oldid=1109268358. In re Search of Rayburn House Ofice Bldg. The 1989 Advisory Committee Notes to Rule 41(e)6 state: No standard is set forth to govern the determination of whether property should be returned to a person aggrieved either by an unlawful seizure or by deprivation of the property If the United States has a need for the property in an investigation or prosecution, its retention of the property generally is reasonable. Washington, DC 20515 In March 1955, House Speaker Sam Rayburn introduced an amendment for a third House office building, although no site had been identified, no architectural study had been done, and no plans prepared. Taking his assertions in reverse order, such relief is unnecessary to deter future unconstitutional acts by the Executive. 655-56. The distinction is what these fourteen pages discuss. 2318 RHOB (Science, Space and Technology Committee) This too should ameliorate concerns about deterrence. 2614. Id. Based on the investigation, the affiant concluded that there was probable cause to believe that Congressman Jefferson, acting with other targets of the investigation, had sought and in some cases already accepted financial backing and or concealed payments of cash or equity interests in business ventures located in the United States, Nigeria, and Ghana in exchange for his undertaking official acts as a Congressman while promoting the business interests of himself and the targets. Beginning on Saturday night, May 20, more than a dozen FBI agents spent about 18 hours in Room 2113. David Schweikert is serving his seventh term in the United States Congress. Any questions should be directed to the administrators of this or any other specific sites. Open to the public Monday Friday, 7:30 a.m. 7:00 p.m.(Doors close at 5:00 p.m. when House is in recess)Senate Office Buildings (Dirksen, Hart, Russell) at 660, in Brown & Williamson we relied heavily on the Clause's purpose-shielding the legislative process from disruption-in reading the Clause's prohibition of question[ing] broadly to protect the confidentiality, see Brown & Williamson, 62 F.3d at 417-21, of records from the reach of a civil subpoena. To the extent the Executive expresses concern about the burdens placed upon the district court and attendant delay during judicial review of seized materials, the Remand Order illustrates a streamlined approach by narrowing the number of materials the district court may be required to review. WebRayburn House Office Building. The district court rejected the Congressman's claim that he had a right to remove documents he deemed privileged before execution of the warrant, reasoning that although some privileged material was incidentally captured by the search and was subject to incidental review, the preconditions for a properly administered warrant that seeks only unprivileged material that falls outside the sphere of legitimate legislative activity are sufficient to protect against undue Executive intrusion. at 665-66, thereby potentially depriving the Executive Branch of records bearing on criminality, it is a suggestion I categorically reject. Logistical Note: To navigate to the event space, enter into the Rayburn 2. Having found probable cause to believe that Rep. Jefferson's congressional office contains property constituting evidence of the commission of bribery of a public official, wire fraud[,] bribery of a foreign official [and] conspiracy to commit these crimes and having issued a search warrant aimed solely at such evidence, see Warrant Aff. 1382, 146 L.Ed.2d 265 (2000); see also Legal Assistance for Vietnamese Asylum Seekers v. Dep't of State, 74 F.3d 1308, 1311 (D.C.Cir. 3. HVC-215 A&B See Gravel, 408 U.S. at 626. Accordingly, while I concur in the judgment which affirms the district court's denial of Representative William J. Jefferson's (Rep.Jefferson) Rule 41(g) motion, I do not agree with the majority's reasoning and distance myself from much of its dicta. See Appellee's Br. The special procedures described in the warrant affidavit called for review by FBI agents and the several members of the Justice Department filter team before the Congressman would be afforded an opportunity to identify potentially privileged materials. See United States v. Dorcely, 454 F.3d 366, 375 (D.C.Cir.2006) (carefully considered language of the Supreme Court, even if technically dictum, generally must be treated as authoritative (quoting Sierra Club v. EPA, 322 F.3d 718, 724 (D.C.Cir.2003))). 2359 RHOB (Appropriations). 2531. Contact us. Washington, D.C. 20515 Leader McCarthy and Congressman Schweikert spoke with Valley Fever Researchers and patients to receive an update on the spreading fungal disease. That candor is the animating purpose of the Clause is plain from the historical roots of the privilege. at 81 (describing filtering procedures for paper records); id. See Order of July 25, 2006. Web2229 Rayburn House Office Building. Moreover, the FBI agents responsible for the search of Rep. Jefferson's congressional office went to great lengths to minimize disruption8 by, inter alia, executing the warrant when the Congress was not meeting, imaging computer hard drives rather than searching the computers, using specific search terms for both paper and electronic records and, most important, creating Filter Teams-one for paper records and one for electronic records-and ensuring subsequent in camera judicial review to minimize exposure to privileged records. See United States v. Rostenkowski, 59 F.3d 1291, 1296-1300 (D.C.Cir.1995). at 415 (quoting Eastland v. U.S. Servicemen's Fund, 421 U.S. 491, 502, 95 S.Ct. * 12. 2531, 33 L.Ed.2d 507 (1972). Phone: 202-224-3121 Stay up-to-date with how the law affects your life. Visitors with official business appointments may enter the U.S. Capitol Visitor Center beginning at 7:15 a.m. House Office Buildings (Cannon, Ford, Longworth, Rayburn) Web2216 Rayburn House Office Building Washington, DC 20515 Phone: 202-225-4151 Fax: Recognizing the strength of these constitutional interests, the Supreme Court limited the scope of executive privilege-which is unquestionably a confidentiality rule-by permitting in camera judicial review of executive records to meet [t]he need to develop all relevant facts in a criminal prosecution. 210 CHOB (Budget Committee) To the extent the majority suggests that-if a Member can show disruption of his legislative activities-the government may be required to return non-privileged material to remedy a violation of the Clause, Maj. Op. Web5 Presidents and 7 major presidential nominees have used rooms in the House Office Buildings at some point in their careers. The FBI agents seized and carried away two boxes of documents and copies of the hard drives and electronic data.
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