The considerations voiced by our concurring colleague and the district court may demonstrate good faith by the Executive, but they fail to adhere to this court's interpretation of the scope of the testimonial privilege under the Speech or Debate Clause, much less to the Supreme Court's interpretation of what constitutes core legislative activities, see Brewster, 408 U.S. at 526, and the history of the Clause. The email address cannot be subscribed. Art. 1300 LHOB (Agriculture Committee) 210 CHOB (Budget Committee) Beginning on Saturday night, May 20, more than a dozen FBI agents spent about 18 hours in Room 2113. The Rayburn House Office Building (RHOB) is a congressional office building for the U.S. House of Representatives in the Capitol Hill neighborhood of Washington, D.C., between South Capitol Street and First Street. denied, Office of Sen. Mark Dayton v. Hanson, 550U.S. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Elm Tree Site (East Front) Office assignments For construction of the Rayburn House Office Building, the Congressional bill appropriated $2 million plus "such additional sums as may be necessary." But indications as to what Congress is looking at provide clues as to what Congress is doing, or might be about to do-and this is true whether or not the documents are sought for the purpose of inquiring into (or frustrating) legislative conduct or to advance some other goals We do not share the Third Circuit's conviction that democracy's limited toleration for secrecy is inconsistent with an interpretation of the Speech or Debate Clause that would permit Congress to insist on the confidentiality of investigative files. Abner J. Mikva at 18; Amicus Br. 1. For example, in Brewster, a case involving the criminal prosecution of a Member, the Supreme Court described the violation of the Clause that occurred in United States v. Johnson, 383 U.S. 169, 86 S.Ct. Leasing Corp. v. United States, 429 U.S. 338, 359-60, 97 S.Ct. CVC-217 (South Congressional Meeting Room) 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. 1 (emphases added). 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). Gravel's holding that the Clause does not immunize Senator or aide from testifying at trials or grand jury proceedings involving third-party crimes is replete with observations that the Clause provides no protection for criminal conduct performed at the direction of the [Member] or done without his knowledge by an aide. Committee on Oversight and Accountability. Key Documents Markup of One Bill, Full Committee (December 14, 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). 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. At this stage, however, Rep. Jefferson is entitled only to copies of the records seized by the government and judicial review of any record he claims is privileged, as our July 28, 2006 order provides. The special procedures outlined in the warrant affidavit would not have avoided the violation of the Speech or Debate Clause because they denied the Congressman any opportunity to identify and assert the privilege with respect to legislative materials before their compelled disclosure to Executive agents. 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. 2359 RHOB (Appropriations). Applying these principles, we conclude that the Congressman is entitled, as the district court may in the first instance determine pursuant to the Remand Order, to the return of all materials (including copies) that are privileged legislative materials under the Speech or Debate Clause. of Scott Palmer, Elliot S. Berke, and Reid Stuntz, and Philip Kiko (former senior congressional staffers) at 26. With respect, I believe they vastly over-read Brown & Williamson. Logistical Note: To navigate to the event space, enter into the Rayburn Id. Phone: (202) 225-4511. 3405. See Order of July 25, 2006. 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). at 616, to date the Court has not spoken on whether the privilege conferred by the Clause includes a non-disclosure privilege. Although the Congressman's further request is solely for the return of property, his Rule 41(g) motion is tied to a criminal prosecution in esse against the movant, DiBella, 369 U.S. at 132, 82 S.Ct. Washington, D.C. 20515 at 1. at 661. While the Executive characterizes what occurred as the incidental review of arguably protected legislative materials, Appellee's Br. at 14, 62-63, that no FBI agent or other Executive agent has seen any electronic document that, upon adjudication of the Congressman's claim of privilege, may be determined by the district court to be privileged legislative material. [T]he physical search of the Office [was] conducted by Special Agents [with] no substantive role in the investigation of Rep. Jefferson. See infra pp. The bar on compelled disclosure is absolute, see Eastland, 421 U.S. at 503, and there is no reason to believe that the bar does not apply in the criminal as well as the civil context. 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. The historical record utterly devoid of Executive searches of congressional offices suggests the imposition of such a burden will be, at most, infrequent. Technical Standards for Web-based Intranet and Internet Information and Applications (. The Capitol complex was sealed off, and staff in the building were told to stay in their offices after the building was put into lockdown by the United States Capitol Police. HSEMA, on behalf of the USCP, may target specific, nearby neighborhood user groups, such as the Capitol Hill user group, with important information. Rayburn is named after former Speaker of the House Sam Rayburn. 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. Room No. Cannon House Office Building - Entrance on New Jersey Avenue, SE, south of the terrace at the intersection with Independence Avenue. 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. at 663. 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. (emphasis added). 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. 2. 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. 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))). of Thomas S. Foley, Newt Gingrich and Robert H. Michel (former Speakers of the U.S. House of Representatives) at 27-30 (suggesting specific alternative procedures for search of congressional offices); Amicus Br. The Executive and the district court appear to have proceeded on the premise that the scope of the privilege narrows when a search warrant is at issue. Noting that the Speech or Debate privilege is not designed to protect the reputations of congressmen but rather the functioning of Congress, id. The Office of Congressional Accessibility Services (OCAS) provides a variety of services for individuals with disabilities. 2018, 2020, 167 L.Ed.2d 898 (2007); Johnson, 383 U.S. at 185 (With all references to [legislative material] eliminated [from the indictment], we think the Government should not be precluded from a new trial on this count, thus wholly purged of elements offensive to the Speech or Debate Clause.). Maj. Op. 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.. Kevin McCarthy proudly serves Californias 20th district and is serving as the 55th Speaker of the U.S. House of Representatives. On May 26, 2006, at 10:30 am local time, there were reports of the sounds of gunfire in the garage of the building. Will Rogers Statue Area 378, 136 L.Ed.2d 1 (1996). See United States v. Rayburn House Office Bldg., Room 2113, No. Leader McCarthy and Congressman Schweikert Host Valley Fever Roundtable, McCarthy and Schweikert Introduce Historic Valley Fever Legislation, McCarthy, Schweikert Request FDA Action on Valley Fever Drug and Vaccine Development, Valley Fever Task Force Co-Chairs Schweikert, McCarthy Celebrate Valley Fever Awareness Week in AZ, Rep. McCarthy, Sen. McSally, Rep. Schweikert, and Bipartisan, Bicameral Leaders Introduce FORWARD Act to Combat Valley Fever, Leader McCarthy and the House Valley Fever Task Force Support Immuno-Mycologics, Inc.s Bid for Grant Funding. art. 3. See Brewster, 408 U.S. at 516, 92 S.Ct. 1957; Count 15, Obstruction of Justice, 18 U.S.C. WebThe entrance to the Rayburn House Office Building is on Independence Avenue. at JA 87-88 (internal citations omitted), the district court ensured that the warrant encompassed only unprivileged records. See Gravel, 408 U.S. at 626. 2614.9 The core activity protected by the Clause-speech in either chamber of the Congress-is a public act. 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). Brown & Williamson's non-disclosure rule, however, does not extend to criminal process. Please be as specific as possible in your description of the problem(s) encountered as well as the location on the website. HC-8 at 36. Rayburn Foyer. The public entrance to the U.S. Capitol is through the U.S. Capitol Visitor Center. [6] The legality of the raid was challenged in court, where a federal appeals court ruled that the FBI had violated the Speech or Debate clause of the United States Constitution by allowing the executive branch to review materials that were part of the legislative process.[7]. 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. 4. Congressional office building for the U.S. House of Representatives, View of Rayburn Office from United States Capitol dome (2007), Powers, privileges, procedure, committees, history, media, https://www.gao.gov/assets/190/188219.pdf, "FBI Raid on Lawmaker's Office Is Questioned", "Reckless Justice: Did the Saturday Night Raid of Congress Trample the Constitution? 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. 7. 654, 7 L.Ed.2d 614 (1962)); In re Search of the Premises Known as 6455 South Yosemite, 897 F.2d 1549, 1554-56 (10th Cir.1990); United States v. Mid-States Exchange, 815 F.2d 1227, 1228 (8th Cir.1987) (per curiam). Please vist Alert DC at alert.dc.gov to sign up. 1324 LHOB (Natural Resrouces Committee) Conservatory Our task is to determine how to reconcile the scope of the protection that is afforded to a Member of Congress under the Speech or Debate Clause with the Executive's Article II responsibilities for law enforcement. Gravel, 408 U.S. at 622, 92 S.Ct. at 660, again begs the question whether Brown & Williamson's non-disclosure rule applies to criminal matters at all. at 660, amounts to prohibited question[ing] because the Clause embodies a broad non-disclosure privilege, Maj. Op. 2018, 36 L.Ed.2d 912 (1973)), recognizing that the privilege is absolute once it attaches begs the question whether the Clause attaches to begin with.10 Significantly, in Brown & Williamson we expressly recognized that the Clause's testimonial privilege might be less stringently applied when inconsistent with a sovereign interest, such as the conduct of criminal proceedings. 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. at JA 79-87. See, e.g., Brown & Williamson, 62 F.3d at 416.4. 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. (former counsel to the U.S. House of Representatives and the Senate and scholars) at 28-29 (same). There are a variety of services available to people visiting the Capitol and to those visiting online. WebRayburn House Office Building Horseshoe drive off South Capitol Street or entrance on Veterans Crisis Line: Call: 988 (Press 1) Social Media. The gym is below the sub-basement level, in a level of the underground parking garage, and according to The Hill, a newspaper focused on Capitol Hill, "features dozens of cardio machines outfitted with TV screens, an array of Cybex weightlifting machines and free weights. 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. Studio A The OCAS can assist with questions regarding accessibility issues in the U.S. Capitol, U.S. House of Representatives, and U.S. Senate. Rayburn House Office Building - Main entrance, horseshoe drive off South Capitol Street. Decided: August 03, 2007 Before: GINSBURG, Chief Judge, and HENDERSON and ROGERS, Circuit Judges. 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. Id. This court's jurisdiction of the Congressman's appeal rests on the collateral order doctrine. at 661. i Believe the question can be directly answered yes without resort to dicta or any other indirect support or theory. 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. 572, 57 L.Ed. 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. 6. Const., art. 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. Opinion for the Court filed by Circuit Judge ROGERS. 1970, 56 L.Ed.2d 525 (1978), is misplaced. In addressing application of the exclusionary rule in the context of the Fourth Amendment, the Supreme Court pointed out in Leon that [p]articularly when law enforcement officers have acted in objective good faith [on a warrant issued by a neutral magistrate] or their transgressions have been minor, the possible benefit from exclusion, in terms of future deterrence, is limited, 468 U.S. at 907-08, 104 S.Ct. Committees Committee and Subcommittee Assignments. Washington, DC 20515 Phone: (202) 225-5301 UNITED STATES of America, Appellee v. RAYBURN HOUSE OFFICE BUILDING, ROOM 2113, WASHINGTON, D.C. 20515, Appellant. His proposal would resurrect his Fifth Amendment right because presumably he would respond as he did to the subpoena duces tecum. Our precedent establishes that the testimonial privilege under the Clause extends to non-disclosure of written legislative materials. Indeed, the Congressman, his attorney, and counsel for the House of Representatives were denied entry into Room 2113 once the FBI arrived. 2359 Rayburn House Office Building, Washington, DC 20515 Organizational Meeting for the 118th Congress Watch on Fiscal Year 2023 United States Navy and Marine Corps Budget Wed, 05/18/2022 - 10:00am 2362-A Rayburn House Office Building, Washington, DC 20515 Fiscal Year 2023 Budget Request for the Department of 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. 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. Please try again. The House Galleries are closed when the House is out of session and during all Pro Forma sessions. Still, the speech or debate privilege was designed to preserve legislative independence, not supremacy. United States v. Brewster, 408 U.S. 501, 508, 92 S.Ct. It is closed on Sundays, Thanksgiving Day, Christmas Day, New Year's Day, and Inauguration Day. 1 The limited United States Supreme Court precedent regarding the applicability of the Clause in the criminal context makes one thing clear-the Clause does not purport to confer a general exemption upon Members of Congress from liability or process in criminal cases. Accordingly, we hold that a search that allows agents of the Executive to review privileged materials without the Member's consent violates the Clause. On July 11, 2006, Congressman Jefferson filed a notice of appeal and a motion for a stay pending appeal. The Capitol Subway System, an underground transportation system, connects the building to the Capitol. Cf. 1100 LHOB (Ways and Means Committee) There, the Supreme Court rejected the argument that the First Amendment imposed a bar to third-party search warrants absent a prior opportunity by the press to litigate the state's entitlement to the material before it is turned over or seized. When all of the brush is cleared away, this case presents a simple question: can Executive Branch personnel-here, special agents of the Federal Bureau of Investigation-execute a search warrant directed to the congressional office of a Member of the Congress (Member) without doing violence to the Speech or Debate Clause (Clause) set forth in Article I, Section 6, Clause 1 of the United States Constitution? See United States v. Rostenkowski, 59 F.3d 1291, 1296-1300 (D.C.Cir.1995). 62 F.3d at 419-20 (distinguishing Gravel's criminal context from civil subpoena). (bribery of foreign official) and 18 U.S.C. This content is provided for the users convenience and is consistent with the stated purpose of this website. at 421. By creating the Filter Teams and [b]y requiring judicial approval before any arguably privileged documents could be shared with the prosecution team, the search procedures as a whole eliminated any realistic possibility that evidence of Rep. Jefferson's legislative acts would be used against him. Appellee's Br. 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) 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. The Congressman contends that the exercise of his privilege under the Clause must precede the disclosure of the contents of his congressional office to agents of the Executive and that any violation of the privilege requires return of all of the seized materials. This markup took place in 2322 of the Rayburn House Office Building. 2318 RHOB (Science, Space and Technology Committee) 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. at 37. WebOffice Room Phone Committee Assignment; D'Esposito, Anthony: New York 4th : R : 1508 In concluding that there is no reason to believe that the [nondisclosure rule] does not apply in the criminal as well as the civil context, Maj. Op. 2200 RHOB (Foreign Affairs Committee) Answering a civil subpoena requires the individual subpoenaed to affirmatively act; he either produces the testimony/documents sought or challenges the subpoena's validity. As [d]iscovery procedures can prove just as intrusive as naming Members or their staffs as parties to a suit, id. Capitol Rotunda 2136 Rayburn House Office Building Washington, DC, 20515-5101 Phone: (202) 225-8050 Website: https://norton.house.gov/ Full map view. The filter team would determine: (1) whether any of the seized documents were not responsive to the search warrant, and return any such documents to the Congressman; and (2) whether any of the seized documents were subject to the Speech or Debate Clause privilege or other privilege. H-137 Hallway Indeed, Gravel refus[ed] to distinguish between Senator and aide in applying the Speech or Debate Clause, Gravel, 408 U.S. at 622 (emphasis added), finding instead the existence of criminal proceedings dispositive, id. These services include adaptive tours of the Capitol building, wheelchair loans, and interpreting services for individuals who are deaf or hard 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) Some parts of the lockdown were removed, though other areas remained sealed. Congressman Jefferson argued in the district court that he has suffered irreparable harm with no adequate remedy available at law because the violation of his constitutional rights cannot be vindicated by an action at law or damages or any other traditional relief.7 On appeal, however, the Congressman makes no claim that the functioning of his office has been impaired by loss of access to the original versions of the seized documents; the Remand Order directed that he be given copies of all seized documents. Accordingly, we hold that the Congressman is entitled to the return of all legislative materials (originals and copies) that are protected by the Speech or Debate Clause seized from Rayburn House Office Building Room 2113 on May 20-21, 2006. 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. There is no dispute that the issuance of the search warrant for Rep. Jefferson's congressional office does not violate the Clause. 5. 1962(c). at 419, the court concluded that document production threatened to distract the two Members from their legislative duties, see id. 1813, 44 L.Ed.2d 324 (1975)), the court rejected the view that the testimonial immunity of the Speech or Debate Clause applies only when Members or their aides are personally questioned: Documentary evidence can certainly be as revealing as oral communications-even if only indirectly when, as here, the documents in question do not detail specific congressional actions. barnstable registry of deeds property lookup, ex girlfriend texted me after a year,

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