783, 95 L.Ed. At trial Rep. Jefferson may assert Speech or Debate Clause immunity to bar the use of records he claims are privileged. Letting the district court's decision stand until after the Congressman's trial would, if the Congressman is correct, allow the Executive to review privileged material in violation of the Speech or Debate Clause. The historical record utterly devoid of Executive searches of congressional offices suggests the imposition of such a burden will be, at most, infrequent. (emphasis added). 749, 15 L.Ed.2d 681 (1966). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Both also emphasized that the search warrant sought only non-privileged materials as a basis for distinguishing Brown & Williamson, and looked to the procedural protections afforded by the issuance of a valid search warrant available only in criminal investigations as eliminating any threat to Congress's capacity to function effectively. Accessibility Services | Architect of the Capitol Sam Rayburn History: Mr. Speaker and 919 (1913) (under Fifth Amendment [a] party is privileged from producing the evidence, but not from its production). Every Library of Congress visitor must reserve timed-entry passes in order to maintain safe capacity levels in the Thomas Jefferson Building. at 418 (italics omitted), the court held that [a] party is no more entitled to compel congressional testimony-or production of documents-than it is to sue congressmen, id. at 660, my colleagues first acknowledge that Brown & Williamson involved civil litigation, id. Notwithstanding the search warrant sought only unprivileged records, Rep. Jefferson's congressional office, as the warrant itself manifests,5 also contained records, paper and electronic, of legislative acts to which the Clause's protection extends. For months, the government repeatedly tried and failed-due in part to Rep. Jefferson's invocation of his Fifth Amendment right-to obtain records in his congressional office via a series of subpoena duces tecum. 06-3105 (D.C.Cir. However, this court has. Additionally, with respect to concern about future actions by the Executive, this is the only time in this Nation's history that the Executive has searched the office of a sitting Member of Congress. 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 court instructed the district court to: (1) copy and provide the copies of all the seized documents to the Congressman; (2) using the copies of computer files made by [the Executive], search for the terms listed in the warrant, and provide a list of responsive records to Congressman Jefferson; (3) provide the Congressman an opportunity to review the records and, within two days, to submit, ex parte, any claims that specific documents are legislative in nature; and (4) review in camera any specific documents or records identified as legislative and make findings regarding whether the specific documents or records are legislative in nature. Remand Order at 1. See generally 15B Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure 3918.4 (2d ed.1992). 137-38. Rather he contends legislative and executive interests can be accommodated without such notice, as urged, for example by the Deputy Counsel to the House of Representatives: We're not contemplating advance notice to the [M]ember to go into his office to search his documents before anyone shows up, but rather that [t]he Capitol [P]olice would seal the office so that nothing would go out of that office and then the search would take place with the [M]ember there. Tr. See United States v. Nixon, 418 U.S. 683, 703-04, 94 S.Ct. at 524-25 (reasoning that financial abuses by way of bribes, perhaps even more than Executive power, would gravely undermine legislative integrity and defeat the right of the public to honest representation). 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. Washington, DC 20510(202) 224-9806USCapitolPolice@uscp.gov, United States Capitol Police Memorial Fund, https://www.aoc.gov/accessibility-services. 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. There are a variety of services available to people visiting the Capitol and to those visiting online. Please vist Alert DC at alert.dc.gov to sign up. Phone: (202) 225-2190 Maj. Op. Capitol Rotunda Furthermore, [d]epriving the Executive of the power to investigate and prosecute and the Judiciary of the power to punish bribery of Members of Congress is unlikely to enhance legislative independence. Brewster, 408 U.S. at 525 (emphasis added); see id. Washington DC Office | Congressman Jeff Duncan Longworth Lobby Stakeout West The following day, the President of the United States directed the Attorney General, acting through the Solicitor General, to preserve and seal the records and to make sure no use was made of the materials and that no one had access to them; this directive would expire on July 9, 2006. Contact The question of whether the seized evidence must be suppressed under the Fourth Amendment is not before us. 1813, 44 L.Ed.2d 324 (1975))). In essence, therefore, what the Clause promotes is the Member's ability to be open in debate-free from interference or restriction-rather than any secrecy right. On May 24, 2006, Congressman Jefferson challenged the constitutionality of the search of his congressional office and moved for return of the seized property pursuant to Fed. Further, the court noted, citing Eastland, 421 U.S. at 509, that when the privilege applies it is absolute. The Launch of "Taiwan Matters For America/America Matters for of Hon. CONTACT: 2329 Rayburn House Office Building, Washington DC 20515-1302, COMMITTEE: Committee on Energy and Commerce Office Hours 9:00 AM6:00 PM, MondayFriday 118th Congress, 1st Session; Member Profile. 62 F.3d at 419-20 (distinguishing Gravel's criminal context from civil subpoena). Kevin was first elected to Congress in 2006 and is a native of Bakersfield and a fourth-generation Kern County resident. In the meantime, the court enjoined the Executive from reviewing any of the seized documents pending further order of this court. Although the Supreme Court in Weatherford v. Bursey, 429 U.S. 545, 558, 97 S.Ct. at 47. Please be as specific as possible in your description of the problem(s) encountered as well as the location on the website. 8. See infra pp. Reliance by the Executive and the district court on Zurcher v. Stanford Daily, 436 U.S. 547, 566-67, 98 S.Ct. Stay up-to-date with how the law affects your life. Moreover, as the majority recognizes, see Maj. Op. Statuary Hall Indeed, the application accompanying the warrant contemplated it. Whether the violation requires, as the Congressman suggests, the return of all seized items, privileged as well as non-privileged, depends upon a determination of which documents are privileged and then, as to the non-privileged documents, a balancing of the separation of powers underlying the Speech or Debate Clause and the Executive's Article II, Section 3 law enforcement interest in the seized materials. The version of the Clause adopted by the Founders closely resembles the language adopted in the English Bill of Rights of 1689, which came out of the long struggle for governmental supremacy between the English monarchs and the Parliament, during which the criminal and civil law were used to intimidate legislators. 2172 RHOB (Foreign Affairs Committee) Pedestrian tunnels also connect the Rayburn building to the Capitol and to the Longworth House Office Building. 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. Open dawn to dusk, daily, including all weekends and holidays. See infra pp. Learn more about FindLaws newsletters, including our terms of use and privacy policy. David Schweikert is serving his seventh term in the United States Congress. Nonetheless they believe Brown & Williamson's discussion of the Clause was more profound, applying equally in the criminal context merely because it repeatedly referred to the functioning of the Clause in criminal proceedings. Id. WebRayburn House Office Building. 2614, 33 L.Ed.2d 583 (1972) (emphasis added). Web5 Presidents and 7 major presidential nominees have used rooms in the House Office Buildings at some point in their careers. 278 (1908) (quoting King v. Willkes, 2 Wils. Room No. CVC-200 (Congressional Auditorium), Cannon Rotunda 3090, 41 L.Ed.2d 1039 (1974) (citing Speech or Debate Clause cases to illustrate judicial power to define scope of executive privilege); cf. Moreover, Rep. Jefferson's proposed method of warrant execution-first sealing his office and allowing him to separate privileged from non-privileged records-effectively eliminates the distinction between a search warrant and a subpoena. Presidents are identified in bold. For detailed information about the many services available and/or questions, please visit https://www.aoc.gov/accessibility-services or contact OCAS at (202) 224-4048 (Voice) or (202) 224-4049 (TTY). 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. at 512, 92 S.Ct. Office It appears that neither the Supreme Court nor any inferior court has addressed the question as I view it and the single holding from our court on which the majority almost exclusively relies to answer the question in the negative decides only the Clause's applicability to a civil subpoena obtained by private parties who sought certain files in the possession of a congressional subcommittee. 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. 2123 RHOB (Energy and Commerce Committee) See Brewster, 408 U.S. at 516, 92 S.Ct. 6. DC gets its first Steak n Shake (in an unusual location) WASHINGTON, DC Today, Co-Chairs of the Congressional Valley Fever Task Force David Schweikert (AZ-06) and Kevin McCarthy (CA-23) joined in celebrating Valley Fever Awareness Week in Arizona. Contact Congresswoman Barragan - Nanette Barragn It is closed on Sundays, Thanksgiving Day, Christmas Day, New Year's Day, and Inauguration Day. Elm Tree Site (East Front) 210 CHOB (Budget Committee) If you have any difficulty viewing any page with adaptive technology, please contact us so that we can improve this website. at 660, amounts to prohibited question[ing] because the Clause embodies a broad non-disclosure privilege, Maj. Op. In contrast, a search warrant requires that the individual whose property is to be searched do nothing affirmative. To receive these alerts while visiting Capitol Hill, visitors may sign up for Alert DC to receive USCP alerts provided to HSEMA. at 114. 2136 Rayburn House Office Building Washington, DC, 20515-5101 Phone: (202) 225-8050 Website: https://norton.house.gov/ Full map view. The compelled disclosure of legislative materials to FBI agents executing the search warrant was not unintentional but deliberate-a means to uncover responsive non-privileged materials. 1153 (1952) (Jackson, J., concurring)). The FBI agents reviewed every paper record and copied the hard drives on all of the computers and electronic data stored on other media in Room 2113. July 28, 2006). On May 26, 2006, at 10:30 am local time, there were reports of the sounds of gunfire in the garage of the building. This procedure is significantly different even from those the Executive has on occasion afforded to other privileges not protected in the Constitution; for example, in United States v. Search of Law Office, 341 F.3d 404, 407 (5th Cir.2003), the privilege holder was allowed an opportunity to identify documents protected under the attorney-client privilege at the point the search was completed. The Executive offers that the special procedures described in the warrant affidavit are more than sufficient to protect Rep[resentative] Jefferson's rights under the Clause, Appellee's Br. 2531, 33 L.Ed.2d 507 (1972) (emphasis added). TTY: 202-225-1904. Noting that the Speech or Debate privilege is not designed to protect the reputations of congressmen but rather the functioning of Congress, id. Capitol Visitor Center - Main entrance at First and East Capitol streets. This blocky monolith occupying an entire city square on Washington, D.C.s Rayburn House Office Building | Architect of the Capitol Examination of Construction Noting that the purpose of the Speech or Debate Clause is to insure that the legislative function the Constitution allocates to Congress may be performed independently, without regard to the distractions of private civil litigation or the periods of criminal prosecution, id. With respect to our precedent, moreover, the government asserts that Brown & Williamson itself distinguished between civil subpoenas and criminal proceedings, and limited its holding to the former. Id. HVC-201 A&B FindLaw The Congressman has suggested no other reason why return of the non-privileged documents is required pursuant to Rule 41(g), and, in any event, it is doubtful that the court has jurisdiction to entertain such arguments following the return of the indictment. 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. Open 7:30a.m. 5:00 p.m. daily, including all weekends and holidays. at 36. at 15, it does not deny that compelled review by the Executive occurred, nor that it occurred in a location where legislative materials were inevitably to be found, nor that some impairment of legislative deliberations occurred. "[2] Rayburn House Office Building Veterans Crisis Line: Call: 988 (Press 1) Social Media. Yet, to the extent the majority reads Brown & Williamson to limit Gravel to process served on a congressional aide during a criminal investigation of a third party, that reading mischaracterizes both Brown & Williamson and Gravel. The search of Congressman Jefferson's office must have resulted in the disclosure of legislative materials to agents of the Executive. 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. 334 CHOB (Veterans' Affairs Committee) See id. If you are having a problem accessing this website please let us know and we will work to ensure accessibility. 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. 1: The Senators and Representatives shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same (emphasis added). We agree with the Ninth Circuit's holding that the 1989 amendment to Rule 41, eliminating the coupling of a motion for the return of property under Rule 41 and a motion to exclude evidence at trial, Fed.R.Crim.P. Its shield does not extend beyond what is necessary to preserve the integrity of the legislative process, Brewster, 408 U.S. at 517, and it does not prohibit inquiry into illegal conduct simply because it has some nexus to legislative functions, id. 2614.7 Nevertheless, my colleagues conclude that the holding in Brown & Williamson, see 62 F.3d at 418-21, establishes that the disclosure of legislative material during the execution of a search warrant, Maj. Op. The Architect of the Capitol, J. George Stewart, with the approval of the House Office Building Commission, selected the firm of Harbeson, Hough, Livingston & Larson of Philadelphia to design a stripped-down classical building in architectural harmony with other Capitol Hill structures. Additional useful numbers are listed below: Office of Congressional Accessibility Services: 202-224-4048 (voice) or 202-224-4049 (TTY)Federal Relay Service: 800-877-8339 (voice/TTY)Washington, DC, Relay Service: 202-855-1000 (voice) 202-855-1234 (TTY), U.S. House of Representatives This is an appeal from the denial of a motion, filed pursuant to Rule 41(g) of the Federal Rules of Criminal Procedure, seeking the return of all materials seized by the Executive upon executing a search warrant for non-legislative materials in the congressional office of a sitting Member of Congress. UNITED STATES of America, Appellee v. RAYBURN HOUSE OFFICE BUILDING, ROOM 2113, WASHINGTON, D.C. 20515, Appellant. We do not, however, hold, in the absence of a claim by the Congressman that the operations of his office have been disrupted as a result of not having the original versions of the non-privileged documents, that remedying the violation also requires the return of the non-privileged documents. This gated outdoor garden has extended evening hours; staying open until 7 p.m. from April 1 to September 15 each year.Bartholdi Park Web2244 Rayburn House Office Building. Further, as contemplated by the warrant affidavit, see Thibault Aff. In order to maximize accessibility, this site has been designed to conform with: House.gov includes code and content provided by third parties. at 421 (quoting MINPECO, 844 F.2d at 859 (quoting Eastland v. U.S. Servicemen's Fund, 421 U.S. 491, 503, 95 S.Ct. at 660, the government expressly argues that [t]he execution of a search warrant is far removed from the core concerns animating the Clause, Appellee's Br. The property owner is not required to respond either orally or by physically producing the property, including records. Business Meetings at 45. I, 6, cl. WebWashington, D.C. Office 2412 Rayburn House Office Building Washington, DC 20515 1619, 48 L.Ed.2d 71 (1976). Any questions should be directed to the administrators of this or any other specific sites. o Longworth Take elevators to the basement level and follow signs to Cannon or Rayburn. And again the criminal context distinguishes Brown & Williamson's dicta from this case. Accordingly, we hold that a search that allows agents of the Executive to review privileged materials without the Member's consent violates the Clause. Senate Galleries: Two Senate Galleries are now open to the public. Contact | Congressman Steve Womack Rep. Schweikert meets with Dr. Galgiani, Director of the University of Arizona Valley Fever Center for Excellence, and community leaders in Phoenix, Arizona. WebThe Rayburn House Office Building ( RHOB) is a congressional office building for the U.S. Office Locations | Representative Tony Gonzales As such, if the touchstone is interference with legislative activities, then the nature of the use to which documents will be put-testimonial or evidentiary-is immaterial. Id. Committee on Oversight and Accountability. R. Crim. at 659. WebWashington D.C. Office 2312 Rayburn House Office Building Washington, DC 20515 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. Decided: August 03, 2007 Before: GINSBURG, Chief Judge, and HENDERSON and ROGERS, Circuit Judges. 371; Count 2, Conspiracy to Solicit Bribes by a Public Official, Deprive Citizens of Honest Services by Wire Fraud, id. 9. With him on the briefs were Amy Berman Jackson and Gloria B. Solomon. 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. The OCAS can assist with questions regarding accessibility issues in the U.S. Capitol, U.S. House of Representatives, and U.S. Senate. Fax: (202) 225-0096, 2421 Rayburn House Office Building In the district court's view, the Speech or Debate Clause was not implicated by execution of the search warrant because a seizure of documents did not involve a testimonial element. The Galleries will open 30 minutes prior to the beginning of the session. 13. WebThe entrance to the Rayburn House Office Building is on Independence Avenue. at 421. 201(b)(2)(A); Counts 5 to 10, Scheme to Deprive Citizens of Honest Services by Wire Fraud, id. 2531, 33 L.Ed.2d 507 (1972). Capitol - Public tours enter through the Capitol Visitor Center; Official House business enters on the south side of the Capitol; Official Senate business enters on the north side of the Capitol.. 1425, 18 L.Ed.2d 577 (1967)); see also Johnson, 383 U.S. at 179, 86 S.Ct. 619, 50 L.Ed.2d 530 (1977)); Ramsden v. United States, 2 F.3d 322, 325 (9th Cir.1993) (agree[ing] with the Fifth, Eighth, and Tenth Circuits that a district court must determine whether a movant will suffer irreparable injury when considering whether to reach the merits of a preindictment Rule 41(e) motion). denied, Office of Sen. Mark Dayton v. Hanson, 550U.S. See SA at 54-74. at JA 79; see also id. Office 2614, 33 L.Ed.2d 583 (1972). Office of Congressional Accessibility Services: Office of Congressional Accessibility Services, Web Content Accessibility Guidelines, version 2.1. Conservatory Although in Gravel the Court held that the Clause embraces a testimonial privilege, id. 837, 51 L.Ed.2d 30 (1977), distinguished between the receipt of privileged information by an agent of the Executive and by the prosecution team in the context of a civil rights claim based on a Sixth Amendment violation, the nature of the considerations presented by a violation of the Speech or Debate Clause is different. at 661. Will Rogers Statue Area The Congressman has suggested no other reason why return of such documents is required pursuant to Rule 41(g) and, in any event, it is doubtful that the court has jurisdiction to entertain such arguments following the return of the indictment against him while this appeal was pending. The question remains what the appropriate remedy is under Rule 41(g) for a violation of the Speech or Debate Clause. 2. 2141 RHOB (Judiciary Committee) Some site content requires additional applications or browser plug-ins. See Warrant Aff. Opinion concurring in the judgment filed by Circuit Judge HENDERSON. See In re Search of Law Office, 341 F.3d at 414 & n. 49 (holding that district court must find at the very least, a substantial showing of irreparable harm in order to suppress seized evidence under Rule 41(e), citing G.M. 371 (conspiracy to commit bribery, wire fraud and bribery of foreign official). If you have any questions, feel free to email us. at JA 7. Brewster, 408 U.S. at 510, 92 S.Ct. at JA 79-87. See Appellant's Br. 2128 RHOB (Financial Services) 163, 52 L.Ed. Id. The majority, in barring Executive Branch execution of a search warrant-and, by extension, other common investigatory tools-based on mere exposure to privileged records, checks the Judicial Branch as well. Nor has the Congressman argued that his assertions of privilege could not be judicially reviewed, only that the warrant procedures in this case were flawed because they afforded him no opportunity to assert the privilege before the Executive scoured his records.
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