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Committee on Oversight and Accountability. 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. Web2312 Rayburn House Office Building Washington, DC 20515 Phone: (202) 225-8220 Long Beach Office 4201 Long Beach Blvd, Suite 422 Long Beach, CA 90807 Phone: (310) 831-1799 South Gate City Hall Office 8650 California Ave South Gate, CA 90280 Phone: (310) 831-1799 Carson City Hall Office 701 E. Carson St Carson, CA 90745 Phone: (310) 831-1799 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 528. The Capitol Visitor Center is open from 8:30 a.m. - 3:30 p.m. Tours are available 9 a.m. to 3 p.m. Phone: (202) 225-2915 The Speech or Debate Clause protects against the compelled disclosure of privileged documents to agents of the Executive, but not the disclosure of non-privileged materials. See Appellant's Br. This court, upon consideration of the Congressman's emergency motion for a stay pending appeal filed on July 20, 2006, enjoined the United States, acting through the Executive, from resuming its review of the seized materials. at 10. 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). 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. 78dd-1 et seq. 4. Cf. 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? However, in Zurcher, the Supreme Court did not address whether a particular search was invalid because it was unconstitutional in its design and implementation; nor did it involve a privilege that absolutely shields records from non-voluntary disclosure. 1. 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. 371 (conspiracy to commit bribery, wire fraud and bribery of foreign official). Washington, D.C. Today, Congressman and Congressional Valley Fever Task Force Co-Chair Kevin McCarthy, U.S. Neoclassical architecture in Washington, D.C. All articles with bare URLs for citations, Articles with bare URLs for citations from March 2022, Articles with PDF format bare URLs for citations, All Wikipedia articles written in American English, Infobox mapframe without OSM relation ID on Wikidata, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 8 September 2022, at 22:26. at 37. 3090, 41 L.Ed.2d 1039 (1974) (citing Speech or Debate Clause cases to illustrate judicial power to define scope of executive privilege); cf. 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. The Galleries will open 30 minutes prior to the beginning of the session. 511, 127 S.Ct. 2614.9 The core activity protected by the Clause-speech in either chamber of the Congress-is a public act. Popular burger chain Steak n Shake has opened its first location in the District, and its inside the Rayburn House Office Building. 2059 Rayburn House Office Building Washington, D.C. 20515 7. 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. The email address cannot be subscribed. at 512, 92 S.Ct. Washington, DC 20510(202) 224-9806USCapitolPolice@uscp.gov, United States Capitol Police Memorial Fund, https://www.aoc.gov/accessibility-services. 2113 (Rayburn), 432 F.Supp.2d 100, 116 (D.D.C.2006) (A federal judge is not a mere rubber stamp in the warrant process, but rather an independent and neutral official sworn to uphold and defend the Constitution.). 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. 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. Stay up-to-date with how the law affects your life. 2531. However, this court has. at 420-21. Essentially, the procedures called for the FBI agents conducting the search to have no substantive role in the investigation and upon reviewing and removing materials from Room 2113, not to reveal politically sensitive or non-responsive items inadvertently seen during the course of the search. Id. 371; Count 2, Conspiracy to Solicit Bribes by a Public Official, Deprive Citizens of Honest Services by Wire Fraud, id. at 36. 8. at 37-38. It is closed on Sundays, Thanksgiving Day, Christmas Day, New Year's Day, and Inauguration Day. at 660. On July 11, 2006, Congressman Jefferson filed a notice of appeal and a motion for a stay pending appeal. 436 (1948), and, upon that official's finding of probable cause, the warrant authorizes Government officers to seize evidence without requiring enforcement through the courts, United States v. Miller, 425 U.S. 435, 446 n. 8, 96 S.Ct. 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. 12. 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 warrant includes special procedures in order to minimize the likelihood that any potentially politically sensitive, non-responsive items in the Office will be seized by identify[ing] information that may fall within the purview of the Speech or Debate Clause or any other pertinent privilege. Warrant Aff. 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. 390 CHOB (Cannon Caucus Room), Longworth Lobby Stakeout East WebWashington D.C. Office 2312 Rayburn House Office Building Washington, DC 20515 The question remains what the appropriate remedy is under Rule 41(g) for a violation of the Speech or Debate Clause. Longworth House Office Building - Main entrance, Independence and New Jersey Avenues. at JA 87-88 (internal citations omitted), the district court ensured that the warrant encompassed only unprivileged records. Any questions should be directed to the administrators of this or any other specific sites. I, 6, cl. 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))). As we note below, this possibility is not applicable to the present case. (former counsel to the U.S. House of Representatives and the Senate and scholars) at 28-29 (same). 2020 RHOB (Ways and Means Committee) 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. Yet, as the district court noted, the difference between a warrant and a subpoena is of critical importance here. Rayburn, 432 F.Supp.2d at 111. According to the brief for the Executive, the Office of the Deputy Attorney General directed an immediate freeze on any review of the seized materials. 62 F.3d at 419-20 (distinguishing Gravel's criminal context from civil subpoena). Likewise, my colleagues' notion that Brown & Williamson applies to criminal matters because the Clause's bar on compelled disclosure is absolute, id. See Brown & Williamson, 62 F.3d at 418-19 (citing MINPECO, S.A. v. Conticommodity Servs., Inc., 844 F.2d 856, 857-59 (D.C.Cir.1988)). Regardless of whether the accommodation is by initially sealing the office to be searched before the Member is afforded an opportunity to identify potentially privileged legislative materials prior to any review by Executive agents or by some other means, seriatim initial reviews by agents of the Executive of a sitting Member's congressional office are inconsistent with the privilege under the Clause. * See In re 3021 6th Ave. N., 237 F.3d at 1041 (citing DiBella v. United States, 369 U.S. 121, 131-32, 82 S.Ct. 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. Longworth Lobby Stakeout West Steak n Shake is located adjacent to the Rayburn Cafeteria. During significant planned or no-notice events, the Department may contact HSEMA with certain messages, such as for major road closures, police activity, and life-safety events. See Gravel, 408 U.S. at 626. Office of Congressional Accessibility Services: Office of Congressional Accessibility Services, Web Content Accessibility Guidelines, version 2.1. Congressman Jim Saxton was reportedly the source of the false alarm, after he mistook construction sounds in the garage for gunfire.[8]. 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. at 45. 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. 1 or any other pertinent privilege, id. To receive these alerts while visiting Capitol Hill, visitors may sign up for Alert DC to receive USCP alerts provided to HSEMA. It 5. 4. HVC-210 (Speaker's Hearing Room) Decided: August 03, 2007 Before: GINSBURG, Chief Judge, and HENDERSON and ROGERS, Circuit Judges. 2167 RHOB (Transportation and Infrastructure Committee) Letter from Robert P. Trout, supra note 2. Id. at 663. On July 10, 2006, the district court denied the Congressman's motion for return of the seized materials. UNITED STATES of America, Appellee v. RAYBURN HOUSE OFFICE BUILDING, ROOM 2113, WASHINGTON, D.C. 20515, Appellant. 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. 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. 863, 96 L.Ed. at 616, to date the Court has not spoken on whether the privilege conferred by the Clause includes a non-disclosure privilege. 2172 RHOB (Foreign Affairs Committee) 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. Johnson v. United States, 228 U.S. 457, 458, 33 S.Ct. If you have any difficulty viewing any page with adaptive technology, please contact us so that we can improve this website. 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. of Hon. Such a rule would also presumably apply to surveillance of a Member or staffer who might discuss legislative matters with another Member or staffer. Id. 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. at 114. at 660, again begs the question whether Brown & Williamson's non-disclosure rule applies to criminal matters at all. 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). See Order of July 25, 2006. Const., art. The U.S. House of Representatives does not control or guarantee the accuracy, relevance, timeliness, or completeness of this third-party information. 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. 749; see also Tenney, 341 U.S. at 372, 71 S.Ct. Indeed, this unique moment in our nation's history is largely of the Representative's own making. Such additional sums eventually exceeded $99 million. of Scott Palmer, Elliot S. Berke, and Reid Stuntz, and Philip Kiko (former senior congressional staffers) at 26. 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. Where the Clause applies its protection is absolute. The majority is incorrect in suggesting that I fail[] 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. Maj. Op. The court ordered expedition of this appeal, id., and oral argument was heard on May 15, 2007. [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]. And it is, of course, the judiciary, not the executive or legislature, that delineates the scope of the privilege. The warrant was lawfully issued because it does not seek evidence of [a] legislative act generally done in Congress in relation to the business before it, United States v. Brewster, 408 U.S. 501, 512, 92 S.Ct. The OCAS can assist with questions regarding accessibility issues in the U.S. Capitol, U.S. House of Representatives, and U.S. Senate. 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. 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. at 421. Rep. Schweikert meets with Dr. Galgiani, Director of the University of Arizona Valley Fever Center for Excellence, and community leaders in Phoenix, Arizona. 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. at JA 79-87. 1019 (1951), and [t]aking a bribe is, obviously, no part of the legislative process or function; it is not a legislative act, Brewster, 408 U.S. at 526, 92 S.Ct. 1. See Brown & Williamson Tobacco Corp. v. Williams, 62 F.3d 408, 420 (D.C.Cir.1995). Veterans Crisis Line: Call: 988 (Press 1) Social Media. 572, 57 L.Ed. 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. See United States v. Rayburn House Office Bldg., Room 2113, No. Phone: (202) 225-2190 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. Cf. 2118 RHOB (Armed Services Committee) Presidents are identified in bold. Rayburn House Office Building 50 Independence Avenue, SW Washington, D.C. 20515 Monday-Friday, 9:00am-5:00pm Oakton Branch 10461 White Granite Drive Oakton, VA 22124 Monday-Friday, 9:00am-5:00pm Saturday, 9:00am-12:00pm Before you take your next road trip, be sure you know exactly where to get your cash for free! 1324 LHOB (Natural Resrouces Committee) Find event and ticket information. Disruption aside, it is well settled that a Member is subject to criminal prosecution and process. [3], On May 20, 2006 FBI agents raided the Rayburn Building office of Democratic Congressman William J. Jefferson in connection to an ongoing bribery investigation, marking the first time the FBI had raided the office of a sitting congressman. Abner J. Mikva at 18; Amicus Br. 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. 1619, 48 L.Ed.2d 71 (1976). 1334 LHOB, Rayburn Foyer 163, 52 L.Ed. Noting that the Speech or Debate privilege is not designed to protect the reputations of congressmen but rather the functioning of Congress, id. The United States Capitol Police has a strong partnership with DCs Homeland Security and Emergency Management Agency (HSEMA). WebThe Rayburn House Office Building ( RHOB) is a congressional office building for the U.S. See 62 F.3d at 419. Will Rogers Statue Area 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. Studio B Complete Directory . 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. Although the search of Congressman Jefferson's paper files violated the Speech or Debate Clause, his argument does not support granting the relief that he seeks, namely the return of all seized documents, including copies, whether privileged or not. 2136 Rayburn House Office Building Washington, DC, 20515-5101 Phone: (202) 225-8050 Website: https://norton.house.gov/ Full map view. That candor is the animating purpose of the Clause is plain from the historical roots of the privilege. 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 Washington, D.C. 20515 Rayburn has a five-acre footprint, and looming four stories over the Hill it is larger than the nearby Capitol building. 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. HVC-201 A&B 2614, to the existence of criminal proceedings against persons other than Members of Congress at least suggest that the testimonial privilege might be less stringently applied when inconsistent with a sovereign interest. Brown & Williamson, 62 F.3d at 419-20. Phone: (202) 225-4511. 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. See Appellant's Br. Room No. House Office Rayburn House Office Building Room 2026 Phone: 202-225-2280 Fax: 202-273-9988 ocla-cls@va.gov; Senate Office Russell Senate Office Building Room 189 Phone: 202-224-5351 Fax: 202-273-9988 ocla-cls@va.gov; CONNECT. 1425, 18 L.Ed.2d 577 (1967)); see also Johnson, 383 U.S. at 179, 86 S.Ct. 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. ", "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. 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). Office assignments 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. (bribery of foreign official) and 18 U.S.C.

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