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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). We do not, however, hold, in the absence of a claim by the Congressman that the operations of his office have been disrupted as a result of not having the original versions of the non-privileged documents, that remedying the violation also requires the return of the non-privileged documents. at 512, 92 S.Ct. Johnson v. United States, 228 U.S. 457, 458, 33 S.Ct. As [d]iscovery procedures can prove just as intrusive as naming Members or their staffs as parties to a suit, id. 654; it is of no moment that the indictment was filed in another district, id. Complete Directory . at 37. 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. 2200 RHOB (Foreign Affairs Committee) Web2216 Rayburn House Office Building Washington, DC 20515 Phone: 202-225-4151 Fax: 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). U.S. Const. 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. There are a variety of services available to people visiting the Capitol and to those visiting online. 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. This chill runs counter to the Clause's purpose of protecting against disruption of the legislative process. at 659. 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. Every Library of Congress visitor must reserve timed-entry passes in order to maintain safe capacity levels in the Thomas Jefferson Building. On June 4, 2007, the grand jury returned a sixteen-count indictment against Congressman Jefferson in the Eastern District of Virginia. WebThe Rayburn House Office Building, completed in early 1965, is the third of three office Our district encompasses most of Seattle Open 10:00 a.m. 5:00 p.m. daily, including all weekends and holidays.National Garden 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. at 660, my colleagues first acknowledge that Brown & Williamson involved civil litigation, id. Thus, our opinion in Brown & Williamson makes clear that a key purpose of the privilege is to prevent intrusions in the legislative process and that the legislative process is disrupted by the disclosure of legislative material, regardless of the use to which the disclosed materials are put. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 1. Committees Committee and Subcommittee Assignments. 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) 8. 07-0209 (E.D. 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. at 616-17 (describing aide as Member's alter ego[]). Logistical Note: To navigate to the event space, enter into the Rayburn Committees Committee and Subcommittee Assignments. Unlike the Brown & Williamson dicta, Gravel's discussion of the Clause's applicability to Members should direct our analysis. 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) As Gravel noted, his aide's privilege derives from the Member's. It found no functional difference between compelling a Member to be questioned orally and compelling him to produce documents in response to a subpoena. 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. 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. See Amicus Br. Veterans Crisis Line: Call: 988 (Press 1) Social Media. 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. 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. It is closed on Sundays, Thanksgiving Day, Christmas Day, New Year's Day, and Inauguration Day. 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. Indeed, the Congressman, his attorney, and counsel for the House of Representatives were denied entry into Room 2113 once the FBI arrived. 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. 139. 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. In the meantime, the court enjoined the Executive from reviewing any of the seized documents pending further order of this court. 10. Opinion for the Court filed by Circuit Judge ROGERS. 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 If Executive Branch exposure alone violated the privilege, agents could not conduct a voluntary interview with a congressional staffer who wished to report criminal conduct by a Member or staffer, because of the possibility that the staffer would discuss legislative acts in describing the unprivileged, criminal conduct. Appellee's Br. United States v. Albinson, 356 F.3d 278, 279 n. 1 (3d Cir.2004). 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. Warrant Aff. Our precedent establishes that the testimonial privilege under the Clause extends to non-disclosure of written legislative materials. 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. It also serves as a holding room for visiting officials attending joint sessions of Congress. 371 (conspiracy to commit bribery, wire fraud and bribery of foreign official). 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. Id. 2020 RHOB (Ways and Means Committee) (former counsel to the U.S. House of Representatives and the Senate and scholars) at 28-29 (same). 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. 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. These non-case agents' reviewed the records in Rep. Jefferson's office only to determine if they [were] responsive to the list of items in the warrant, thereafter deliver[in] the seized records to the Filter Teams. Art. Compare Amicus Br. 371; Count 2, Conspiracy to Solicit Bribes by a Public Official, Deprive Citizens of Honest Services by Wire Fraud, id. First St., and C St., S.W. The Rayburn House Office Building, completed in early 1965, is the third of three office buildings constructed for the United States House of Representatives. The design of the building is a modified H plan with four stories above ground, two basements, and three levels of underground garage space. H-137 Hallway Id. The district court denied a stay on July 19, 2006. 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. 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. 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. See Warrant Aff. Also in the third floor basement is a shooting range run by the U.S. Capitol Police and a basketball court. Committee on Education and the Workforce. Phone numbers for House and Senate offices, both voice and TTY, are available by calling the Capitol switchboard at 202-224-3121 (voice) or 202-224-3091 (TTY). 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. 06-3105. 2172 RHOB (Foreign Affairs Committee) See Order of July 25, 2006. 6. Webthe building and one in the southwest corner of the building. Popular burger chain Steak n Shake has opened its first location in the District, and its inside the Rayburn House Office Building. 2141 RHOB (Judiciary Committee) 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. 2175 RHOB (Education and the Workforce Committee) 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. 2614.9 The core activity protected by the Clause-speech in either chamber of the Congress-is a public act. See id. Washington, D.C. 20515 Likewise, my colleagues' notion that Brown & Williamson applies to criminal matters because the Clause's bar on compelled disclosure is absolute, id. Washington, DC 20515 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. 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. The OCAS can assist with questions regarding accessibility issues in the U.S. Capitol, U.S. House of Representatives, and U.S. Senate. Kevin McCarthy proudly serves Californias 20th district and is serving as the 55th Speaker of the U.S. House of Representatives. Speaker's Office Balcony Hallway In defining the protections afforded by the Clause, the Supreme Court has limited the scope to conduct that is an integral part of the due functioning of the legislative process. United States v. Brewster, 408 U.S. 501, 513, 92 S.Ct. Fax: (202) 225-0096, 2421 Rayburn House Office Building 511, 127 S.Ct. 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. 278 (1908) (quoting King v. Willkes, 2 Wils. The U.S. Capitol is open to the public for tours Monday Saturday from 8:30 a.m. 4:30 p.m. WebThe entrance to the Rayburn House Office Building is on Independence Avenue. 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). 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). Accordingly, we hold that a search that allows agents of the Executive to review privileged materials without the Member's consent violates the Clause. at 179. 2531. 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. 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). Disruption aside, it is well settled that a Member is subject to criminal prosecution and process. See Appellant's Br. 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 generally 15B Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure 3918.4 (2d ed.1992). 3090 (quoting Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 635, 72 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. 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. But indications as to what Congress is looking at provide clues as to what Congress is doing, or might be about to do-and this is true whether or not the documents are sought for the purpose of inquiring into (or frustrating) legislative conduct or to advance some other goals We do not share the Third Circuit's conviction that democracy's limited toleration for secrecy is inconsistent with an interpretation of the Speech or Debate Clause that would permit Congress to insist on the confidentiality of investigative files. 1334 LHOB, Rayburn Foyer CVC-217 (South Congressional Meeting Room) 2136 Rayburn House Office Building Washington, DC, 20515-5101 Phone: (202) 225-8050 Website: https://norton.house.gov/ Full map view. 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.). Capitol Hill Facts - Rayburn House Office Building | Architect of The Ca 572, 57 L.Ed. 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. at 84-85 (electronic records). at 36. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The affiant asserted that the Executive had exhausted all other reasonable methods to obtain these records in a timely manner. [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. Conservatory 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. 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. 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. 1153 (1952) (Jackson, J., concurring)). 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. Services include, but are not limited to, wheelchair loans, sign language interpreting services, and adaptive tours. Although the Supreme Court in Weatherford v. Bursey, 429 U.S. 545, 558, 97 S.Ct. The Justice Department, therefore, could regain custody of the seized materials and resume review as of July 10, 2006. 1813, 44 L.Ed.2d 324 (1975))). 1 (emphases added). Quite the contrary is true. Gravel v. United States, 408 U.S. 606, 626, 92 S.Ct. Contrary to the majority's assertion that [t]he Executive does not argue that the Clause's bar on compelled disclosure does not apply in the criminal as well as the civil context, Maj. Op. Currently, Immuno-Mycologics, Inc. 2059 Rayburn House Office Building at JA 80. Execution of the warrant necessarily required the FBI agents to separate unprivileged responsive records from privileged records of legislative acts. 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. 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. Elm Tree Site (East Front) 4. 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. WebRayburn House Office Building. Washington, DC 20510(202) 224-9806USCapitolPolice@uscp.gov, United States Capitol Police Memorial Fund, https://www.aoc.gov/accessibility-services. at 709. 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. Technical Standards for Web-based Intranet and Internet Information and Applications (. The Congressman makes clear in his brief that he is not suggesting advance notice is required by the Constitution before Executive agents arrive at his office. Contrary to the Executive's understanding on appeal, it is incorrect to suggest that Congressman Jefferson's position is that he was entitled to prior notice of the search warrant before its execution, without regard to the Executive's interests in law enforcement. See Appellant's Br. 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. See Appellant's Br. Please visit https://www.loc.gov/visit for more information on visiting the Library of Congress. Rayburn was completed in early 1965 and is home to the offices of 169 representatives. 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. Studio B 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. Finally, the government repeatedly emphasizes the consequences for law enforcement if a non-disclosure rule is recognized in the criminal context. 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.