Webthe building and one in the southwest corner of the building. See Maj. Op. 2113, Washington, D.C. 20515, 434 F.Supp.2d 3 (D.D.C.2006). 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 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. 136, and (2) to identify information that may fall within the purview of the Speech or Debate Clause privilege, U.S. 783, 95 L.Ed. 2445, 61 L.Ed.2d 30 (1979) (quoting Dombrowski v. Eastland, 387 U.S. 82, 85, 87 S.Ct. However, while the interior design of the other House Office Buildings retains decor one would expect to see in House Office Buildings (with cherry wood paneling, brass railings, and marble floors), the Rayburn building possesses design style parallel to that of the 1960s, with chrome push bars, clocks, and elevators, and space-age fluorescent lighting fixtures. 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? TTY: 202-225-1904. I, 6, cl. 2020 RHOB 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. 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 Office of Congressional Accessibility Services (OCAS) provides a variety of services for individuals with disabilities. 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. Hours: M-F 9:00am-6:00pm. Likewise, my colleagues' notion that Brown & Williamson applies to criminal matters because the Clause's bar on compelled disclosure is absolute, id. Please vist Alert DC at alert.dc.gov to sign up. The district court rejected the Congressman's claim that he had a right to remove documents he deemed privileged before execution of the warrant, reasoning that although some privileged material was incidentally captured by the search and was subject to incidental review, the preconditions for a properly administered warrant that seeks only unprivileged material that falls outside the sphere of legitimate legislative activity are sufficient to protect against undue Executive intrusion. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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 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. See Brewster, 408 U.S. at 516, 92 S.Ct. The Thomas Jefferson Building is open to visitors Tuesday through Saturday from 10:00 a.m. to 5:00 p.m. 334 CHOB (Veterans' Affairs Committee) 2531, 33 L.Ed.2d 507 (1972), but rather evidence of crimes, see supra pp. Center Steps Hallway Area See Appellant's Br. of Stanley M. Brand et al. Web2229 Rayburn House Office Building. The question remains what the appropriate remedy is under Rule 41(g) for a violation of the Speech or Debate Clause. 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). Web2244 Rayburn House Office Building. While the Fourth Amendment issue is not before us, the Supreme Court's instruction in United States v. Leon, 468 U.S. 897, 104 S.Ct. WebThe Rayburn House Office Building ( RHOB) is a congressional office building for the U.S. United States v. Nixon, 418 U.S. 683, 94 S.Ct. May 20-21, 2006 was the first time a sitting Member's congressional office has been searched by the Executive. No. Congresswoman Pramila Jayapal 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. 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. 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. 919 (1913) (under Fifth Amendment [a] party is privileged from producing the evidence, but not from its production). 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. R. Crim. 1343 and 1346; Count 11, Foreign Corrupt Practices Act, 15 U.S.C. 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. 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. 367, 92 L.Ed. Rayburn House Office Building - Main entrance, horseshoe drive off South Capitol Street. But, if the United States' legitimate interests can be satisfied even if the property is returned, continued retention of the property would become unreasonable. Id. 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. There is no dispute that the issuance of the search warrant for Rep. Jefferson's congressional office does not violate the Clause. 2531, 33 L.Ed.2d 507 (1972) (emphasis added). See SA at 54-74. Rayburn House Office Building Washington, D.C. - Atlas Obscura 41(g), does not affect DiBella's controlling force, which balanced the individual and government interests and their relationship to trial delays or disruptions, 369 U.S. at 124, 126, 129, 82 S.Ct. See 62 F.3d at 419. The Galleries will open 30 minutes prior to the beginning of the session. House Committee on Science, Space, and Technology Republicans 2321 Rayburn House Office Building Washington, DC 20515 Phone: 202-225-6371 Fax: 202-226-0113 at 420-21. Some site content requires additional applications or browser plug-ins. 1425, 18 L.Ed.2d 577 (1967)); see also Johnson, 383 U.S. at 179, 86 S.Ct. See Appellant's Br. 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 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). 1334 LHOB, Rayburn Foyer Indeed, this unique moment in our nation's history is largely of the Representative's own making. And it is, of course, the judiciary, not the executive or legislature, that delineates the scope of the privilege. Contact us. Fax: To the extent the majority suggests that-if a Member can show disruption of his legislative activities-the government may be required to return non-privileged material to remedy a violation of the Clause, Maj. Op. Studio C 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. Language links are at the top of the page across from the title. And again the criminal context distinguishes Brown & Williamson's dicta from this case. United States v. Albinson, 356 F.3d 278, 279 n. 1 (3d Cir.2004). Cf. In re Search of Rayburn House Ofice Bldg. Markups | Democrats, Energy and Commerce Committee 2200 RHOB (Foreign Affairs Committee) While the House attempts to ensure the correctness and suitability of information under House control and to correct errors brought to our attention, no representation or guarantee can be made as to the correctness or suitability of that information or any other linked information presented, referenced, or implied. The chart below shows the rooms used by Presidents and nominees whose careers included House service after 1908, when the first House office building opened. Stay up-to-date with how the law affects your life. 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. 2237 RHOB (Judiciary Committee) 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). These services include adaptive tours of the Capitol building, wheelchair loans, and interpreting services for individuals who are deaf or hard Washington, DC 20515. Accordingly, we hold that a search that allows agents of the Executive to review privileged materials without the Member's consent violates the Clause. Cannon House Office Building - Entrance on New Jersey Avenue, SE, south of the terrace at the intersection with Independence Avenue. Senator Martha McSally (R-AZ), Congressman and Congressional Valley Fever Task Force Co-Chair David Schweikert (AZ-06), Congresswoman Karen Bass (CA-37), Congressman Greg Stanton (AZ-09), and U.S. Today, Congressman Kevin McCarthy, Co-Chairman of the Congressional Valley Fever Task Force, introduced H.R. o Longworth Take elevators to the basement level and follow signs to Cannon or Rayburn. Office Locations | Representative Tony Gonzales WebRayburn House Office Building Horseshoe drive off South Capitol Street or entrance on Further, the court noted, citing Eastland, 421 U.S. at 509, that when the privilege applies it is absolute. 6. Committees Committee and Subcommittee Assignments. WebWashington D.C. Office 2312 Rayburn House Office Building Washington, DC 20515 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). at 419; see also MINPECO, S.A. v. Conticommodity Servs., Inc., 844 F.2d 856, 860 (D.C.Cir.1988). Longworth Lobby Stakeout West The affiant asserted that the Executive had exhausted all other reasonable methods to obtain these records in a timely manner. 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. Capitol Visitor Center - Main entrance at First and East Capitol streets. 12. The Launch of "Taiwan Matters For America/America Matters for 2020 RHOB (Ways and Means Committee) The Executive does not argue otherwise; the search warrant sought only materials not protected by the Speech or Debate Clause. Key Documents Markup of One Bill, Full Committee (December 14, at 661. 1 (emphases added). 371 (conspiracy to commit bribery, wire fraud and bribery of foreign official). 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.. Please try again. 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). 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. The U.S. House of Representatives does not control or guarantee the accuracy, relevance, timeliness, or completeness of this third-party information. 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). 2267 Rayburn House Office Building Washington, DC, 20515-5201 Phone: (202) 225-2646 Website: https://sablan.house.gov/ Full map view. 07-0209 (E.D. 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. The House Galleries are closed when the House is out of session and during all Pro Forma sessions. House Triangle (East Front) 390 CHOB (Cannon Caucus Room), Longworth Lobby Stakeout East See Brown & Williamson Tobacco Corp. v. Williams, 62 F.3d 408, 420 (D.C.Cir.1995). Accordingly, while I concur in the judgment which affirms the district court's denial of Representative William J. Jefferson's (Rep.Jefferson) Rule 41(g) motion, I do not agree with the majority's reasoning and distance myself from much of its dicta. 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. July 28, 2006). 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. 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)). 1310 LHOB (House Administration Committee) at 45. See, e.g., Brown & Williamson, 62 F.3d at 416.4. 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. Art. 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. Moreover, as the majority recognizes, see Maj. Op. Materials determined to be privileged or not responsive would be returned without dissemination to the prosecution team. Neither does the Congressman maintain that the Speech or Debate Clause protects unprivileged evidence of unprivileged criminal conduct. 2175 RHOB (Education and the Workforce Committee) at 421. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. at 1. Copyright 2023, Thomson Reuters. 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. 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. of Hr'g, June 16, 2006, at 35; see Appellant's Br. Const., art. Office of Congressional Accessibility Services: Office of Congressional Accessibility Services, Web Content Accessibility Guidelines, version 2.1. 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. Id. They will open 30 minutes prior to the session and will remain open until adjournment each day. The Speech or Debate protected by the Constitution includes only legitimate legislative activity, see, e.g., Tenney v. Brandhove, 341 U.S. 367, 376, 71 S.Ct. 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. 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. At trial Rep. Jefferson may assert Speech or Debate Clause immunity to bar the use of records he claims are privileged. In the meantime, the court enjoined the Executive from reviewing any of the seized documents pending further order of this court. 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. 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.). 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. Open 7:30a.m. 5:00 p.m. daily, including all weekends and holidays. 2141 RHOB (Judiciary Committee) His proposal would resurrect his Fifth Amendment right because presumably he would respond as he did to the subpoena duces tecum. Complete Directory . HVC-201 A&B 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. House Office Building Rooms Used by Future Presidential Nominees The distinction is what these fourteen pages discuss. Contact Congresswoman Barragan - Nanette Barragn 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. 1. 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. Building Access & Hours | United States Capitol Police Fax: (202) 225-2908 at 420. 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. WebEventbrite - East-West Center in Washington presents The Launch of "Taiwan Matters For America/America Matters for Taiwan" - Tuesday, September 20, 2022 at Rayburn House Office Building, Room 2060 (Please go to Horseshoe Drive Entrance), Washington, DC. 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. 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). 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. 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. Thus, in the criminal context the Supreme Court has indicated that it is the Executive Branch's evidentiary use of legislative acts, rather than its exposure to that evidence, that violates the Clause. Cf. Phone: (202) 225-2190 2123 RHOB (Energy and Commerce Committee) There would appear to be no reason why the Congressman's privilege under the Speech or Debate Clause cannot be asserted at the outset of a search in a manner that also protects the interests of the Executive in law enforcement. 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. 278 (1908) (quoting King v. Willkes, 2 Wils. 511, 127 S.Ct. See infra pp. I, 6, cl. 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? Capitol Hill Facts - Rayburn House Office Building | Architect of The Ca Johnson v. United States, 228 U.S. 457, 458, 33 S.Ct. RAYBURN HOUSE OFFICE BUILDING, ROOM 2113, WASHINGTON, D.C. 20515, Appellant. WebWashington, D.C. Office 2412 Rayburn House Office Building Washington, DC 20515 This content is provided for the users convenience and is consistent with the stated purpose of this website. 1100 LHOB (Ways and Means Committee) Id. 1970, 56 L.Ed.2d 525 (1978), is misplaced. The parties disagree on precisely when that should occur and what effect any violation of the Member's Speech or Debate rights should have. The area west of the Longworth Building on squares 635 and 636 was chosen, with the main entrance on Independence Avenue and garage and pedestrian entrances on South Capitol Street, C Street, and First Street Southwest. at 660. The Justice Department, therefore, could regain custody of the seized materials and resume review as of July 10, 2006. Again in dicta, Brown & Williamson rejected the Third Circuit's holding in In re Grand Jury Investigation, 587 F.2d 589 (3d Cir.1978), that the Clause merely prohibits evidentiary use of records of legislative acts but not their disclosure, concluding instead that the interest in protecting the functioning of the legislature may permit the Congress to insist on the confidentiality of investigative files, Brown & Williamson Tobacco Corp. v. Williams, 62 F.3d 408, 420 (D.C.Cir.1995). Washington, D.C. 20515 Veterans Crisis Line: Call: 988 (Press 1) Social Media. See United States v. Rostenkowski, 59 F.3d 1291, 1296-1300 (D.C.Cir.1995). HC-8 8. 2531; see Fields, 459 F.3d at 9. Rep. Schweikert meets with Dr. Galgiani, Director of the University of Arizona Valley Fever Center for Excellence, and community leaders in Phoenix, Arizona. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 1343, 1346 and 1349 (wire fraud and deprivation of honest services), 15 U.S.C. Construction activities and surveyor at work. Disruption aside, it is well settled that a Member is subject to criminal prosecution and process. 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. If you are having a problem accessing this website please let us know and we will work to ensure accessibility. 5. 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. at 10. See generally 15B Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure 3918.4 (2d ed.1992). Representatives | house.gov 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.
Categorías