Congressman Jim Saxton was reportedly the source of the false alarm, after he mistook construction sounds in the garage for gunfire.[8]. 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. 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? The public entrance to the U.S. Capitol is through the U.S. Capitol Visitor Center. 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. 2531 (Clause's purpose [is not] to make Members of Congress super-citizens, immune from criminal responsibility); Gravel, 408 U.S. at 626, 92 S.Ct. In 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 665-66, thereby potentially depriving the Executive Branch of records bearing on criminality, it is a suggestion I categorically reject. 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. Compare Amicus Br. See infra pp. 201(b)(2)(A); Counts 5 to 10, Scheme to Deprive Citizens of Honest Services by Wire Fraud, id. Cf. 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). Kevin McCarthy proudly serves Californias 20th district and is serving as the 55th Speaker of the U.S. House of Representatives. The Office of Congressional Accessibility Services(link is external)(OCAS) provides a variety of services for individuals with disabilities. Beginning on Saturday night, May 20, more than a dozen FBI agents spent about 18 hours in Room 2113. Examination of Construction Rayburn Horseshoe Entrance Phone: (202) 225-2190 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. Id. 1 or any other pertinent privilege, id. 3405. Also in the third floor basement is a shooting range run by the U.S. Capitol Police and a basketball court. Rayburn House Office Building | Architect of the Capitol 2172 RHOB (Foreign Affairs Committee) 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. 06-3105. 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) 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 Quite the contrary is true. Gravel v. United States, 408 U.S. 606, 626, 92 S.Ct. Studio A 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 parties disagree on precisely when that should occur and what effect any violation of the Member's Speech or Debate rights should have. at 114. Likewise, my colleagues' notion that Brown & Williamson applies to criminal matters because the Clause's bar on compelled disclosure is absolute, id. The cornerstone was laid in May 1962, and full occupancy began in February 1965. Hart Senate Office Building - Second Street entrance. at 415 (quoting Eastland v. U.S. Servicemen's Fund, 421 U.S. 491, 502, 95 S.Ct. The property owner is not required to respond either orally or by physically producing the property, including records. To go to Rayburn, you must take the escalator down to the Rayburn sub-basement. The entrance to the Rayburn House Office Building is on Find event and ticket information. 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. 378, 136 L.Ed.2d 1 (1996). 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. The U.S. Capitol is open to the public for tours Monday Saturday from 8:30 a.m. 4:30 p.m. 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. 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 Brown & Williamson, 62 F.3d at 416. Art. I, 6, cl. 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. 1310 LHOB (House Administration Committee) 2614, 33 L.Ed.2d 583 (1972). Valley Fever Task Force 5. HSEMA, on behalf of the USCP, may target specific, nearby neighborhood user groups, such as the Capitol Hill user group, with important information. Opinion for the Court filed by Circuit Judge ROGERS. 2. See generally 15B Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure 3918.4 (2d ed.1992). 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. at 512, 92 S.Ct. 2531. Logistical Note: To navigate to the event space, enter into the Rayburn Fax: HC-8 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. 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). Rayburn House Office Building at JA 79-87. WebWashington, DC Office. Open 10:00 a.m. 5:00 p.m. daily, including all weekends and holidays.National Garden See id. Perhaps more to the point, however, he contends that complete return of all seized materials is the only remedy that vindicates the separation of powers principles underlying the Speech or Debate Clause and serves as an appropriate deterrent to future violations. 657-58. The Executive does not argue otherwise; the search warrant sought only materials not protected by the Speech or Debate Clause. Elm Tree Site (East Front) 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. Phone: (202) 225-2915 Accessibility Services | Architect of the Capitol 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. Hours: M-F 9:00am-6:00pm. Id. P. 41(g). Rayburn House Office Building - Main entrance, horseshoe drive off South Capitol Street. 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. at 419, the court concluded that document production threatened to distract the two Members from their legislative duties, see id. Senate Galleries: Two Senate Galleries are now open to the public. I, 6, cl. HVC SL Hallway (House IntelCommittee Stakeout Area) The Architect of the Capitol, J. George Stewart, with the approval of the House Office Building Commission, selected the firm of Harbeson, Hough, Livingston & Larson of Philadelphia to design a stripped-down classical building in architectural harmony with other Capitol Hill structures. With him on the briefs were Amy Berman Jackson and Gloria B. Solomon. Indeed, the application accompanying the warrant contemplated it. 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. In drafting the Speech or Debate Clause, the Framers drew upon English history and the long struggle for parliamentary supremacy against Tudor and Stuart monarchs during which successive monarchs utilized the criminal and civil law to suppress and intimidate critical legislators from publicly opposing the Crown. 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. Subsequently, the court allowed the Executive to review seized materials that the Congressman has conceded on remand are not privileged under the Speech or Debate Clause. Order of Nov. 14, 2006. It was completed in 1965 and at 2.375 million square feet (220,644 m2) is the largest congressional office building and the newest House office building (the only newer congressional office building is the Hart Senate Office Building, completed in 1982). 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. (bribery of foreign official) and 18 U.S.C. House Triangle (East Front) 1334 LHOB, Rayburn Foyer 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. According to the brief for the Executive, the Attorney General ordered the FBI to regain custody of the seized materials and imposed an immediate freeze on any review until the district court and this court considered the Congressman's request for a stay pending appeal. 334 CHOB (Veterans' Affairs Committee) of Scott Palmer, Elliot S. Berke, and Reid Stuntz, and Philip Kiko (former senior congressional staffers) at 26. Decided: August 03, 2007 Before: GINSBURG, Chief Judge, and HENDERSON and ROGERS, Circuit Judges. 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. The district court found probable cause for issuance of the search warrant and signed it on May 18, 2006, directing the search to occur on or before May 21 and the U.S. Capitol Police to provide immediate access to Room 2113. 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. Business Meetings 511, 127 S.Ct. 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. 9. 11. Rayburn House Office Building H-217 (Speaker's Ceremonial Office) The distinction is what these fourteen pages discuss. [1] Congressional leaders inserted a gymnasium into the building plans, a fact that was not publicly known at the time of construction. Earlier efforts to provide space for the House of Representatives had included the construction of the Cannon House Office Building and the Longworth House Office Building. It 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. Indeed, the Congressman, his attorney, and counsel for the House of Representatives were denied entry into Room 2113 once the FBI arrived. Today, Congressman McCarthy, as Co-Chair of the Congressional Valley Fever Task Force, along with 16 of his colleagues in the House, sent a letter to National Institutes of Health (NIH) Director Francis Collins in support of grant funding to help move a Valley Fever diagnostic tool into primary care settings, such as the family doctors office. 2531 (emphasis added). 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. By the time of the Constitutional Convention, the privilege embodied in the Speech or Debate Clause was recognized as an important protection of the independence and integrity of the legislature, United States v. Johnson, 383 U.S. 169, 178, 86 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. at 660. See infra pp. 749, 15 L.Ed.2d 681 (1966), and was to serve as a protection against possible prosecution by an unfriendly executive and conviction by a hostile judiciary, id. 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. 1813, 44 L.Ed.2d 324 (1975))). The following principles govern our conclusion. Washington DC Office | Congressman Jeff Duncan 2123 RHOB (Energy and Commerce Committee) 137-38. HVC-215 A&B On this reading of the Clause, Rep. Jefferson remains subject to the same criminal process that applies to his constituents. 2531. Endemic regions including California, Arizona, and New Mexico are seeing an increase in reported cases of Valley Fever. United States v. Jefferson, No. 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. 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.
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