House Committee They will open 30 minutes prior to the session and will remain open until adjournment each day. Also in the third floor basement is a shooting range run by the U.S. Capitol Police and a basketball court. 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. The warrant affidavit also described special procedures adopted by the Justice Department prosecutors overseeing the investigation. See Appellee's Br. 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. Noting that the Speech or Debate privilege is not designed to protect the reputations of congressmen but rather the functioning of Congress, id. 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. 2531. 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. 1100 LHOB (Ways and Means Committee) 11. All rights reserved. Id. Clearly a remedy in this case must show particular respect to the fact that the Speech or Debate Clause reinforces the separation of powers and protects legislative independence. Fields v. Office of Eddie Bernice Johnson, 459 F.3d 1, 8 (D.C.Cir.2006) (en banc) (collecting cases). Gravel, 408 U.S. at 622, 92 S.Ct. Remand Order of July 28, 2007. Center Steps Hallway Area 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. 1619, 48 L.Ed.2d 71 (1976). 278 (1908) (quoting King v. Willkes, 2 Wils. Although the Supreme Court in Weatherford v. Bursey, 429 U.S. 545, 558, 97 S.Ct. Further, the court noted, citing Eastland, 421 U.S. at 509, that when the privilege applies it is absolute. Task Force Co-chairs Leader McCarthy and Rep. Schweikert hold press conference to announce NIH trial studying the efficacy of Fluconazole in treating Valley Fever at Banner University Medical Center in Phoenix, Arizona on October 17, 2016. Materials determined to be privileged or not responsive would be returned without dissemination to the prosecution team. Technical Standards for Web-based Intranet and Internet Information and Applications (. at 420. 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. Visitors wanting to watch the proceedings of the U.S. House of Representatives and U.S. Senate in person should follow the guidance below. Fax: Our holding regarding the compelled disclosure of privileged documents to agents of the Executive during the search makes clear that the special procedures described in the warrant affidavit are insufficient to protect the privilege under the Speech or Debate Clause. If the Senate is in session past 4 p.m., one U.S. Capitol Police security screening area will be open in the Capitol Visitor Centers north screening area to accommodate Gallery access. 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. This too should ameliorate concerns about deterrence. at 659. 6. Please be as specific as possible in your description of the problem(s) encountered as well as the location on the website. Office United States v. Albinson, 356 F.3d 278, 279 n. 1 (3d Cir.2004). Rayburn Horseshoe Entrance 783 (The privilege of legislators to be free from arrest or civil process for what they do or say in legislative proceedings has taproots in the Parliamentary struggles of the Sixteenth and Seventeenth Centuries.). 2614, 33 L.Ed.2d 583 (1972) (emphasis added). 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. Accessibility | house.gov Rayburn House Office Building | Architect of the Capitol 1. 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. U.S. Const. at JA 80. at 661. i Believe the question can be directly answered yes without resort to dicta or any other indirect support or theory. Gravel makes unmistakably clear that a Member-not just a staffer-is subject to criminal liability and process, see, e.g., Gravel, 408 U.S. at 626, 92 S.Ct. The property owner is not required to respond either orally or by physically producing the property, including records. 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. We declared that [d]ocumentary evidence can certainly be as revealing as oral communications, providing clues as to what Congress is doing, or might be about to do, id. Given the Department of Justice's voluntary freeze of its review of the seized materials and the procedures mandated on remand by this court in granting the Congressman's motion for emergency relief pending appeal, the imaging and keyword search of the Congressman's computer hard drives and electronic media exposed no legislative material to the Executive, and therefore did not violate the Speech or Debate Clause, but the review of the Congressman's paper files when the search was executed exposed legislative material to the Executive and accordingly violated the Clause. Longworth Lobby Stakeout West Beginning on Saturday night, May 20, more than a dozen FBI agents spent about 18 hours in Room 2113. 6. R. Crim. Dirksen Senate Office Building - First Street and C Street entrance. 378, 136 L.Ed.2d 1 (1996). Neither does the Congressman maintain that the Speech or Debate Clause protects unprivileged evidence of unprivileged criminal conduct. The southwest tunnel is currently closed as part of a major 10-year renovation of the Cannon House Office Building. This blocky monolith occupying an entire city square on Washington, D.C.s Capitol Hill is the Rayburn building, built in the 1960s as new office space for the House of Representatives. Its design frequently evokes soliloquies on monstrous, soul deadening, and fascist architecture. Office The Thomas Jefferson Building is open to visitors Tuesday through Saturday from 10:00 a.m. to 5:00 p.m. May 20-21, 2006 was the first time a sitting Member's congressional office has been searched by the Executive. First St., and C St., S.W. The Rayburn House Office Building, completed in early 1965, is the third of three office buildings constructed for the United States House of Representatives. The design of the building is a modified H plan with four stories above ground, two basements, and three levels of underground garage space. at 616-17 (describing aide as Member's alter ego[]). In the meantime, the court enjoined the Executive from reviewing any of the seized documents pending further order of this court. This markup took place in 2322 of the Rayburn House Office Building. His proposal would resurrect his Fifth Amendment right because presumably he would respond as he did to the subpoena duces tecum. o Longworth Take elevators to the basement level and follow signs to Cannon or Rayburn. In contrast, a search warrant requires that the individual whose property is to be searched do nothing affirmative. See Brewster, 408 U.S. at 516, 92 S.Ct. 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). No. 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. 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. My colleagues qualify Brown & Williamson's reference to Gravel, noting it [was] not a Member who [was] subject to criminal proceedings or process in Gravel. Stay up-to-date with how the law affects your life. At trial Rep. Jefferson may assert Speech or Debate Clause immunity to bar the use of records he claims are privileged. Veterans Crisis Line: Call: 988 (Press 1) Social Media. Brewster, 408 U.S. at 508 (speech or debate privilege was designed to preserve legislative independence, not supremacy) (emphasis added).12, In sum, I believe the Executive Branch's execution of a search warrant on a congressional office-with its unavoidable but minimal exposure to records of legislative acts-does not constitute question[ing] within the meaning of the Speech or Debate Clause. 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. Our concurring colleague takes much the same approach, failing to distinguish between the lawfulness of searching a congressional office pursuant to a search warrant and the lawfulness of the manner in which the search is executed in view of the protections afforded against compelled disclosure of legislative materials by the Speech or Debate Clause. See generally 15B Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure 3918.4 (2d ed.1992). 5. Currently, Immuno-Mycologics, Inc. 2059 Rayburn House Office Building 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. Rayburn was completed in early 1965 and is home to the offices of 169 representatives. at 660. Rayburn House Office Building - Wikipedia The indictment charged: Count 1, Conspiracy to Solicit Bribes by a Public Official, Deprive Citizens of Honest Services by Wire Fraud, and Violate the Foreign Corrupt Practices Act, 18 U.S.C. As our court has noted, the touchstone of the Clause is interference with legislative activities, see Brown & Williamson, 62 F.3d at 421; the Clause is therefore designed to protect Congressmen not only from the consequences of litigation's results but also from the burden of defending themselves' for their legislative actions, Helstoski v. Meanor, 442 U.S. 500, 508, 99 S.Ct. See Appellant's Br. Rep. Schweikert meets with Dr. Galgiani, Director of the University of Arizona Valley Fever Center for Excellence, and community leaders in Phoenix, Arizona. Disruption aside, it is well settled that a Member is subject to criminal prosecution and process. 06-3105. If you are having a problem accessing this website please let us know and we will work to ensure accessibility. 07-0209 (E.D. 2059 Rayburn House Office Building Washington, D.C. 20515 Neither party suggests that the return of the indictment divests this court of jurisdiction or renders this appeal moot or urges that the court not proceed to decide this appeal.2 Cf. Here, the warrant sought only fruits, instrumentalities and evidence of violations of various federal bribery and fraud statutes involving Rep. Jefferson,4 see Warrant Aff., reprinted in Joint Appendix (JA) at 7; Sealed Appendix (SA) 18-25, which plainly are outside the bounds of protected legislative activities, see Brewster, 408 U.S. at 526, 92 S.Ct. Fields v. Office of Eddie Bernice Johnson, 459 F.3d 1, 13-16 (D.C.Cir.2006) (affirming denial of Member's motion to dismiss on Speech or Debate Clause ground but noting that even [w]hen the Clause does not preclude suit altogether, it may preclude some relevant evidence) (en banc), cert. 2322 RHOB (Energy and Commerce Committee) Abner J. Mikva at 18; Amicus Br. 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. Opinion concurring in the judgment filed by Circuit Judge HENDERSON. HVC-215 A&B The Launch of "Taiwan Matters For America/America Matters for 2531, 33 L.Ed.2d 507 (1972). 2175 RHOB (Education and the Workforce Committee) Unlike the majority, however, I believe that neither the Supreme Court nor Brown & Williamson holds that the Clause precludes Executive Branch execution of a search warrant. 2531 (Clause's purpose [is not] to make Members of Congress super-citizens, immune from criminal responsibility); Gravel, 408 U.S. at 626, 92 S.Ct. In re 3021 6th Ave. N., Billings, MT v. United States, 237 F.3d 1039, 1041 (9th Cir.2001). 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. That does not mean that the Executive Branch is without power to execute such a warrant; it just as likely indicates that never before has the Executive Branch found its use necessary. The cornerstone was laid in May 1962, and full occupancy began in February 1965. HSEMA, on behalf of the USCP, may target specific, nearby neighborhood user groups, such as the Capitol Hill user group, with important information. Cf. Materials determined by the filter team to be potentially privileged would, absent the Congressman's consent to Executive use of a potentially privileged document, be submitted to the district court for review, with a log and copy of such documents provided to the Congressman's attorney within 20 business days of the search. at 660, amounts to prohibited question[ing] because the Clause embodies a broad non-disclosure privilege, Maj. Op. Speaker's Office Balcony Hallway 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. House Triangle (East Front) 2172 RHOB (Foreign Affairs Committee) at 528. See SA at 54-74. Although Brown & Williamson involved civil litigation and the documents being sought were legislative in nature, the court's discussion of the Speech or Debate Clause was more profound and repeatedly referred to the functioning of the Clause in criminal proceedings. See id. Opinion for the Court filed by Circuit Judge ROGERS. Phone numbers for House and Senate offices, both voice and TTY, are available by calling the Capitol switchboard at 202-224-3121 (voice) or 202-224-3091 (TTY). Some parts of the lockdown were removed, though other areas remained sealed. The Office of Congressional Accessibility Services (OCAS) provides a variety of services for individuals with disabilities. United States v. Jefferson, No. He argued, inter alia, that the issuance and execution of the search warrant violated the Speech or Debate Clause and sought an order enjoining FBI and Justice Department review or inspection of the seized materials. Cf. 119 D Street, NE 2118 RHOB (Armed Services Committee) Washington, D.C. Today, Congressman and Congressional Valley Fever Task Force Co-Chair Kevin McCarthy, U.S. 5. 137-38. Although the presence of FBI agents executing a search warrant in a Member's office necessarily disrupts his routine, the alternative procedure proposed by Rep. Jefferson-sealing the office and permitting him to first label his records (paper and electronic) as privileged and unprivileged-would no doubt take much more of his time. However, this court has. 1 or any other pertinent privilege, id. On July 10, 2006, the district court denied the Congressman's motion for return of the seized materials. 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. There is no indication that the Executive did not act based on a good faith interpretation of the law, as reflected in the district court's prior approval and later defense of the special procedures set forth in the warrant affidavit. Construction activities and surveyor at work. ", "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. 2614, 33 L.Ed.2d 583 (1972). at 119. Web2216 Rayburn House Office Building Washington, DC 20515 Phone: 202-225-4151 Fax: Robert P. Trout argued the cause for appellant. These services include adaptive tours of the Capitol building, wheelchair loans, and interpreting services for individuals who are deaf or hard at 36. The following principles govern our conclusion. Letter from Robert P. Trout, supra note 2. Rayburn House Office Building Washington, D.C. - Atlas Obscura 1. 136, and (2) to identify information that may fall within the purview of the Speech or Debate Clause privilege, U.S. Id. The distinction is what these fourteen pages discuss. Where the Clause applies its protection is absolute. 2614. Open to the public Monday Friday, 7:30 a.m. 8:00 p.m. (Doors close at 6:30 p.m. when Senate is in recess). Taking his assertions in reverse order, such relief is unnecessary to deter future unconstitutional acts by the Executive. See In re Search of the Rayburn House Office Bldg. art. Phone: (202) 225-4511. 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) Committee on Education and the Workforce. 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. at 419; see also MINPECO, S.A. v. Conticommodity Servs., Inc., 844 F.2d 856, 860 (D.C.Cir.1988). If you have any accessibility questions, please call the Office of Congressional Accessibility Services at 202-224-4048. at JA 80-87 (directing search team to seize only records responsive to warrant and to provide potentially privileged records to Rep. Jefferson and to district court to determine privilege vel non); Search Warrant (May 21, 2006), reprinted in JA at 3 (incorporating Warrant Affidavit by reference). See id. Instead, the search must first meet the requirements of the Fourth Amendment via the prior approval of a neutral and detached magistrate, Johnson v. United States, 333 U.S. 10, 14, 68 S.Ct.
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