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367, 92 L.Ed. These services include adaptive tours of the Capitol building, wheelchair loans, and interpreting services for individuals who are deaf or hard 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. 783, 95 L.Ed. The following principles govern our conclusion. 2141 RHOB (Judiciary Committee) David Schweikert is serving his seventh term in the United States Congress. Web2244 Rayburn House Office Building. 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. Hart Senate Office Building - Second Street entrance. Art. Please be as specific as possible in your description of the problem(s) encountered as well as the location on the website. 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. Brewster, 408 U.S. at 510, 92 S.Ct. 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. 2614.9 The core activity protected by the Clause-speech in either chamber of the Congress-is a public act. at 38. Moreover, Rep. Jefferson's proposed method of warrant execution-first sealing his office and allowing him to separate privileged from non-privileged records-effectively eliminates the distinction between a search warrant and a subpoena. Please vist Alert DC at alert.dc.gov to sign up. It is closed on Sundays, Thanksgiving Day, Christmas Day, New Year's Day, and Inauguration Day. 2128 RHOB (Financial Services) Web2216 Rayburn House Office Building Washington, DC 20515 Phone: 202-225-4151 Fax: This too should ameliorate concerns about deterrence. Rayburn was completed in early 1965 and is home to the offices of 169 representatives. 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 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. at 661. Washington, D.C. 20515 Gravel, 408 U.S. at 622, 92 S.Ct. Capitol Rotunda 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. Find event and ticket information. denied, Office of Sen. Mark Dayton v. Hanson, 550U.S. Rayburn House Office Building in Washington, DC (Google Maps) For months, the government repeatedly tried and failed-due in part to Rep. Jefferson's invocation of his Fifth Amendment right-to obtain records in his congressional office via a series of subpoena duces tecum. The indictment charged: Count 1, Conspiracy to Solicit Bribes by a Public Official, Deprive Citizens of Honest Services by Wire Fraud, and Violate the Foreign Corrupt Practices Act, 18 U.S.C. I, 6, cl. More comprehensive informationincluding assistive listening devices, public TTY locations, tour details, service animals, family restrooms, and a shuttle to Capitol Visitor Centeris available from the Architect of the Capitol. The email address cannot be subscribed. The Executive does not argue otherwise; the search warrant sought only materials not protected by the Speech or Debate Clause. 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. 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. 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. See United States v. Rayburn House Office Bldg., Room 2113, No. 8. Capitol Visitor Center - Main entrance at First and East Capitol streets. of Hr'g, June 16, 2006, at 35; see Appellant's Br. at 660, the government expressly argues that [t]he execution of a search warrant is far removed from the core concerns animating the Clause, Appellee's Br. 371 (conspiracy to commit bribery, wire fraud and bribery of foreign official). 1962(c). 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. For the reasons stated, absent any claim of disruption of the congressional office by reason of lack of original versions, it is unnecessary to order the return of non-privileged materials as a further remedy for the violation of the Clause. at 45. 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. 2200 RHOB (Foreign Affairs Committee) Quite the contrary is true. Gravel v. United States, 408 U.S. 606, 626, 92 S.Ct. Its shield does not extend beyond what is necessary to preserve the integrity of the legislative process, Brewster, 408 U.S. at 517, and it does not prohibit inquiry into illegal conduct simply because it has some nexus to legislative functions, id. 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. See United States v. Rostenkowski, 59 F.3d 1291, 1296-1300 (D.C.Cir.1995). 2175 RHOB (Education and the Workforce Committee) WebThe Architect estimated that the cost to June 30, 1966 (believed to be the estimated cost to completion), would be $98,209,685, including $8,955,685 for the subway between the Capitol and the Rayburn Building and for the pedestrian tunnels between the Longworth and Ray- Includes site before construction; demolition of Wonders Court, apartment houses, commercial and government buildings, and garages. Key Documents Markup of One Bill, Full Committee (December 14, Technical Standards for Web-based Intranet and Internet Information and Applications (. Rayburn House Office Building Room No. Unlike the Brown & Williamson dicta, Gravel's discussion of the Clause's applicability to Members should direct our analysis. Fax: (202) 225-2908 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). FindLaw 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. If you have any questions, feel free to email us. at 13-22; U.S. Const. The cornerstone was laid in May 1962, and full occupancy began in February 1965. at 81 (describing filtering procedures for paper records); id. 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. 62 F.3d at 419-20 (distinguishing Gravel's criminal context from civil subpoena). See Appellee's Br. Contact Congresswoman Barragan - Nanette Barragn The Office of Congressional Accessibility Services (OCAS) provides a variety of services for individuals with disabilities. at JA 79-87. On the other hand, limiting the law enforcement tools that may be used to investigate Members does undermine the legitimate needs of the judicial process, specifically, the primary constitutional duty of the Judicial Branch to do justice in criminal prosecutions. Nixon, 418 U.S. at 707. 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. Accessibility Services | Architect of the Capitol 7. Our precedent establishes that the testimonial privilege under the Clause extends to non-disclosure of written legislative materials. I, 6, cl. 1. Rayburn Horseshoe Entrance. With respect, I believe they vastly over-read Brown & Williamson. 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). 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. See, e.g., Brown & Williamson, 62 F.3d at 416.4. July 28, 2006). 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))). In essence, therefore, what the Clause promotes is the Member's ability to be open in debate-free from interference or restriction-rather than any secrecy right. The district court denied a stay on July 19, 2006. Compare Amicus Br. Open 7:30a.m. 5:00 p.m. daily, including all weekends and holidays. 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. Also in the third floor basement is a shooting range run by the U.S. Capitol Police and a basketball court. I disagree.6. U.S. Spectrum Allocation Needs Reform: Lessons From the C 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. at 418 (quoting MINPECO, 844 F.2d at 859). Disruption aside, it is well settled that a Member is subject to criminal prosecution and process. See Order of July 25, 2006. Building Access & Hours | United States Capitol Police 1324 LHOB (Natural Resrouces Committee) 5. 201(b)(2)(A); Counts 5 to 10, Scheme to Deprive Citizens of Honest Services by Wire Fraud, id. 378, 136 L.Ed.2d 1 (1996). Rayburn has a five-acre footprint, and looming four stories over the Hill it is larger than the nearby Capitol building. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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) See Appellant's Br. 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 or any other pertinent privilege, id. 2123 RHOB (Energy and Commerce Committee) 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. The warrant affidavit also described special procedures adopted by the Justice Department prosecutors overseeing the investigation. See Appellee's Br. Please try again. The distinction is what these fourteen pages discuss. 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. The U.S. House of Representatives does not control or guarantee the accuracy, relevance, timeliness, or completeness of this third-party information. Office assignments 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. 371; Counts 3 & 4, Solicitation of Bribes by a Public Official, id. 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). 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. 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. 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. Currently, Immuno-Mycologics, Inc. 2059 Rayburn House Office Building Opinion for the Court filed by Circuit Judge ROGERS. 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. That candor is the animating purpose of the Clause is plain from the historical roots of the privilege. In the same vein, the court indicated that the degree of disruption caused by probing into legislative acts is immaterial, id. 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. See Brown & Williamson Tobacco Corp. v. Williams, 62 F.3d 408, 420 (D.C.Cir.1995). Copyright 2023, Thomson Reuters. However, this court has. 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. 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. See Warrant Aff. Rayburn House Office Building | Architect of the Capitol While the Executive characterizes what occurred as the incidental review of arguably protected legislative materials, Appellee's 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. Execution of the warrant necessarily required the FBI agents to separate unprivileged responsive records from privileged records of legislative acts. Will Rogers Statue Area at 84-85 (electronic records). If you are having a problem accessing this website please let us know and we will work to ensure accessibility. The Capitol Subway System, an underground transportation system, connects the building to the Capitol. Washington, D.C. 20515 See Warrant Aff. 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. Further, the court noted, citing Eastland, 421 U.S. at 509, that when the privilege applies it is absolute. 2359 RHOB (Appropriations). 2531 (emphasis added). This compelled disclosure clearly tends to disrupt the legislative process: exchanges between a Member of Congress and the Member's staff or among Members of Congress on legislative matters may legitimately involve frank or embarrassing statements; the possibility of compelled disclosure may therefore chill the exchange of views with respect to legislative activity. 371; Count 2, Conspiracy to Solicit Bribes by a Public Official, Deprive Citizens of Honest Services by Wire Fraud, id. The Executive acknowledges, in connection with the execution of a search warrant, that there is a role for a Member of Congress to play in exercising the Member's rights under the Speech or Debate Clause. Rayburn House Office Building All rights reserved. 3405. 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. DC gets its first Steak n Shake (in an unusual location) The special procedures described in the warrant affidavit called for review by FBI agents and the several members of the Justice Department filter team before the Congressman would be afforded an opportunity to identify potentially privileged materials. 138, and they shall not be involved in the pending prosecution or other charges arising from the investigation described in the warrant affidavit other than as regards responsiveness, id. 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). 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. See Maj. Op. 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. Phone: (202) 225-2190 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. Web5 Presidents and 7 major presidential nominees have used rooms in the House Office Buildings at some point in their careers. 2614, 33 L.Ed.2d 583 (1972) (emphasis added). Attachments A and B, respectively, described Room 2113 and the non-legislative evidence to be seized. The Supreme Court has not spoken to the precise issue at hand. 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. Robert P. Trout argued the cause for appellant. at 47. at 1. Indeed, the application accompanying the warrant contemplated it. See Appellant's Br. 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. 1813, 44 L.Ed.2d 324 (1975))). Web2229 Rayburn House Office Building. This blocky monolith occupying an entire city square on Washington, D.C.s Longworth House Office Building - Main entrance, Independence and New Jersey Avenues. [4] The raid led to members of both parties questioning the constitutionality of the action,[5] and a subsequent hearing by the House Judiciary Committee. Cf. at JA 79; see also id. The Galleries will open 30 minutes prior to the beginning of the session. 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). Cf. 2318 RHOB (Science, Space and Technology Committee) When the Senate is not in session, the two Senate Galleries will be open from 8:30 a.m. to 4:00 p.m., Monday Friday, with the exception of Federal holidays. 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. 5. Committees Committee and Subcommittee Assignments. House Office Rayburn House Office Building Room 2026 Phone: 202-225-2280 Fax: 202-273-9988 [email protected]; Senate Office Russell Senate Office Building Room 189 Phone: 202-224-5351 Fax: 202-273-9988 [email protected]; CONNECT. 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. 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. of Hon. They will open 30 minutes prior to the session and will remain open until adjournment each day. 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. 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. Studio A To receive these alerts while visiting Capitol Hill, visitors may sign up for Alert DC to receive USCP alerts provided to HSEMA. Leasing Corp. v. United States, 429 U.S. 338, 359-60, 97 S.Ct. Likewise, my colleagues' notion that Brown & Williamson applies to criminal matters because the Clause's bar on compelled disclosure is absolute, id. Additionally, with respect to concern about future actions by the Executive, this is the only time in this Nation's history that the Executive has searched the office of a sitting Member of Congress. Congresswoman Pramila Jayapal 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. 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. Contact us. 2445, 61 L.Ed.2d 30 (1979) (quoting Dombrowski v. Eastland, 387 U.S. 82, 85, 87 S.Ct. 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. CVC-217 (South Congressional Meeting Room) Some parts of the lockdown were removed, though other areas remained sealed. Studio B