Likewise, my colleagues' notion that Brown & Williamson applies to criminal matters because the Clause's bar on compelled disclosure is absolute, id. 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. Const., art. 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.). Letter from Robert P. Trout, supra note 2. WebRayburn House Office Building. at 37; see also Rayburn, 432 F.Supp.2d at 110 (Carried to its logical conclusion, this argument would require a Member to be given advance notice of any search of his property, including property outside of his congressional office, such as his home or car, and further that he be allowed to remove any material he deemed to be covered by the legislative privilege prior to a search.). Pedestrian tunnels also connect the Rayburn building to the Capitol and to the Longworth House Office Building. 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. Beginning with the observation that the prohibition in the Speech or Debate Clause is deceptively simple, this court held in Brown & Williamson, 62 F.3d at 415, that the Clause includes a non-disclosure privilege, id. The following principles govern our conclusion. [T]he physical search of the Office [was] conducted by Special Agents [with] no substantive role in the investigation of Rep. Jefferson. The attached affidavit of Special Agent Timothy R. Thibault of the Federal Bureau of Investigation (FBI) described how the apparent victim of a fraud and bribery scheme who had come forward as a cooperating witness led to an investigation into bribery of a public official, wire fraud, bribery of a foreign official, and conspiracy to commit these crimes. Although in Gravel the Court held that the Clause embraces a testimonial privilege, id. 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. Construction activities and surveyor at work. 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. WebWashington D.C. Office 2312 Rayburn House Office Building Washington, DC 20515 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. 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. Please be as specific as possible in your description of the problem(s) encountered as well as the location on the website. Johnson, 383 U.S. at 178, 86 S.Ct. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. WebHouse Office Buildings (Cannon, Ford, Longworth, Rayburn) Open to the public Monday See Gravel, 408 U.S. at 626. Beginning on Saturday night, May 20, more than a dozen FBI agents spent about 18 hours in Room 2113. If you have any accessibility questions, please call the Office of Congressional Accessibility Services at 202-224-4048. RAYBURN HOUSE OFFICE BUILDING, ROOM 2113, WASHINGTON, D.C. 20515, Appellant. Leasing Corp. v. United States, 429 U.S. 338, 359-60, 97 S.Ct. 1 or any other pertinent privilege, id. 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. at 420, and thereby potentially defeating the Clause's purpose to insulate Members of Congress from distractions that divert their time, energy, and attention from their legislative tasks, id. 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. Reliance by the Executive and the district court on Zurcher v. Stanford Daily, 436 U.S. 547, 566-67, 98 S.Ct. 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. 2175 RHOB (Education and the Workforce Committee) Hart Senate Office Building - Second Street entrance. Still, the Congressman makes no claim in his brief, much less any showing, that the functioning of his office has been disrupted as a result of not having possession of the original versions of the non-privileged seized materials. 151 (1763)), I would conclude that the Speech or Debate Clause does not bar the Executive Branch's execution of a search warrant on a congressional office and, accordingly, deny Rep. Jefferson's Rule 41(g) motion.13. at 709. 1813, 44 L.Ed.2d 324 (1975))). 2614, 33 L.Ed.2d 583 (1972). 2136 Rayburn House Office Building Washington, DC, 20515-5101 Phone: (202) 225-8050 Website: https://norton.house.gov/ Full map view. Indeed, the application accompanying the warrant contemplated it. Such additional sums eventually exceeded $99 million. Rayburn Horseshoe Entrance. The affiant asserted that the Executive had exhausted all other reasonable methods to obtain these records in a timely manner. The U.S. Capitol is open to the public for tours Monday Saturday from 8:30 a.m. 4:30 p.m. 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. at 663. 3405. 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. HVC-210 (Speaker's Hearing Room) See SA at 54-74. The grandson of a cattle rancher and the son of a firefighter, Kevin grew up a working-class family and is committed to preserving and promoting the American dream for hardworking Americans. 2113, Washington, D.C. 20515, 434 F.Supp.2d 3 (D.D.C.2006). 2. 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] Congressional leaders inserted a gymnasium into the building plans, a fact that was not publicly known at the time of construction. 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. 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 search of Congressman Jefferson's office must have resulted in the disclosure of legislative materials to agents of the Executive. 7. They will open 30 minutes prior to the session and will remain open until adjournment each day. at 660, that safeguards the absolute confidentiality of legislative records even from criminal process. Washington, D.C. 20515 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). Dirksen Senate Office Building - First Street and C Street entrance. While the Executive characterizes what occurred as the incidental review of arguably protected legislative materials, Appellee's Br. 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 question on appeal is whether the procedures under which the search was conducted were sufficiently protective of the legislative privilege created by the Speech or Debate Clause, Article I, Section 6, Clause 1 of the United States Constitution. at 660. WebCONTACT: 2329 Rayburn House Office Building, Washington DC 20515-1302, COMMITTEE: Committee on Energy and Commerce. This roundtable brought optimism and excitement for a vaccine to cure Valley Fever in dogs within the next three years, and later a cure for humans. 7. As we note below, this possibility is not applicable to the present case. at 37. 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. Attachments A and B, respectively, described Room 2113 and the non-legislative evidence to be seized. On this reading of the Clause, Rep. Jefferson remains subject to the same criminal process that applies to his constituents. at 1. As Gravel noted, his aide's privilege derives from the Member's. 749, 15 L.Ed.2d 681 (1966)-another criminal case-as arising from the use of evidence of a legislative act to support the indictment. The historical record utterly devoid of Executive searches of congressional offices suggests the imposition of such a burden will be, at most, infrequent. 2358RHOB (Appropriations) 1153 (1952) (Jackson, J., concurring)). United States v. Jefferson, No. He holds a seat on the Ways and Means Committee and is the current Chairman of the Oversight Subcommittee. Stay up-to-date with how the law affects your life. Materials determined by the filter team not to be privileged would be turned over to the prosecution team, with copies to the Congressman's attorney within ten business days of the search. How that accommodation is to be achieved is best determined by the legislative and executive branches in the first instance.5 ALTHOUGH THE COURT has acknowledged, where it is not a member who is subject to criminal proceedings, that the privilege might be less stringently applied when inconsistent with a sovereign interest, see Brown & Williamson, 62 F.3d at 419-20; supra note 4, this observation has no bearing here and is relevant, if at all, to the question of remedy for a violation, not the determination of whether a violation has occurred. 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. 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). Execution of the warrant necessarily required the FBI agents to separate unprivileged responsive records from privileged records of legislative acts. Room No. at JA 79-87. 1425, 18 L.Ed.2d 577 (1967)); see also Johnson, 383 U.S. at 179, 86 S.Ct. at 84-85 (electronic records). 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. Maj. Op. 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.). Committees Committee and Subcommittee Assignments. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Today, Congressman Kevin McCarthy and Congressman David Schweikert (AZ-06) sent a letter to the U.S. Department of Health and Human Services and the U.S. Food and Drug Administration (FDA) requesting the FDA hold public workshops to help with the development of Valley Fever drugs and vaccines. 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. Statuary Hall 119 D Street, NE House Triangle (East Front) The indictment included charges of racketeering, solicitation of (and conspiracy to solicit) bribes, money laundering, wire fraud, and obstruction of justice.1 Trial is scheduled to begin with jury selection in January 2008. at 661. i Believe the question can be directly answered yes without resort to dicta or any other indirect support or theory. Capitol Rotunda See infra pp. 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. 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. This particular search needlessly disrupted the functioning of the Congressman's office by allowing agents of the Executive to view legislative materials without the Congressman's consent, even though a search of a congressional office is not prohibited per se. I disagree.6. 2020 RHOB Va. indictment filed June 4, 2007). I, 6, cl. 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. 4. 2531. 2445, 61 L.Ed.2d 30 (1979) (quoting Dombrowski v. Eastland, 387 U.S. 82, 85, 87 S.Ct. 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. 749 (Clause protect[s] [the legislature] against possible prosecution by an unfriendly executive and conviction by a hostile judiciary). 2614.9 The core activity protected by the Clause-speech in either chamber of the Congress-is a public act. Rep. Schweikert meets with Dr. Galgiani, Director of the University of Arizona Valley Fever Center for Excellence, and community leaders in Phoenix, Arizona. 2237 RHOB (Judiciary Committee) 278 (1908) (quoting King v. Willkes, 2 Wils. Fax: 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. at 665-66, thereby potentially depriving the Executive Branch of records bearing on criminality, it is a suggestion I categorically reject. However, this court has. 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. In order to maximize accessibility, this site has been designed to conform with: House.gov includes code and content provided by third parties. 863, 96 L.Ed. 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. Leader McCarthy and Congressman Schweikert spoke with Valley Fever Researchers and patients to receive an update on the spreading fungal disease. Brown & Williamson's non-disclosure rule, however, does not extend to criminal process. Some parts of the lockdown were removed, though other areas remained sealed. 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! 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. Complete Directory . UNITED STATES of America, Appellee v. RAYBURN HOUSE OFFICE BUILDING, ROOM 2113, WASHINGTON, D.C. 20515, Appellant. at 13-22; U.S. Const. at 420. Longworth House Office Building - Main entrance, Independence and New Jersey Avenues. 137-38. 1343 and 1346; Count 11, Foreign Corrupt Practices Act, 15 U.S.C. 657-58. Center Steps Hallway Area House Galleries: When the House is in session, the Galleries will be open to Members of Congress who personally escort guests to the Galleries. 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. at 418 (quoting MINPECO, 844 F.2d at 859). HVC-201 A&B 2531, 33 L.Ed.2d 507 (1972). 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. 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. The southwest tunnel is currently closed as part of a major 10-year renovation of the Cannon House Office Building. The parties disagree on precisely when that should occur and what effect any violation of the Member's Speech or Debate rights should have. Unlike the Brown & Williamson dicta, Gravel's discussion of the Clause's applicability to Members should direct our analysis. 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 See id. of Scott Palmer, Elliot S. Berke, and Reid Stuntz, and Philip Kiko (former senior congressional staffers) at 26. The property owner is not required to respond either orally or by physically producing the property, including records. Rayburn was completed in early 1965 and is home to the offices of 169 representatives. at 44, and therefore the protections of the Clause cannot extend to precluding search warrants, id. 136, and (2) to identify information that may fall within the purview of the Speech or Debate Clause privilege, U.S. 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.
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