2531. 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. He holds a seat on the Ways and Means Committee and is the current Chairman of the Oversight Subcommittee. The Court has made clear, however, in the context of a grand jury investigation, that [t]he Speech or Debate Clause was designed to assure a co-equal branch of the government wide freedom of speech, debate, and deliberation without intimidation or threats from the Executive Branch. Gravel v. United States, 408 U.S. 606, 616, 92 S.Ct. Unlike the Congressman's request for the return of legislative materials protected by the Speech or Debate Clause, the further claim for the return of all non-privileged materials is not independent of the criminal prosecution against him, especially if the legality of the search will be a critical issue in the criminal trial. 511, 127 S.Ct. 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. 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. The question remains what the appropriate remedy is under Rule 41(g) for a violation of the Speech or Debate Clause. Execution of the warrant necessarily required the FBI agents to separate unprivileged responsive records from privileged records of legislative acts. 1300 LHOB (Agriculture Committee) Compare Amicus Br. Answering a civil subpoena requires the individual subpoenaed to affirmatively act; he either produces the testimony/documents sought or challenges the subpoena's validity. Note: Last entry is at 4:30 p.m.Closed to the public on Sundays, Thanksgiving Day, Christmas Day, and New Year's Day. 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. Concluding that execution of the warrant did not impermissibly interfere with Congressman Jefferson's legislative activities, In re Search of the Rayburn House Office Bldg. This chill runs counter to the Clause's purpose of protecting against disruption of the legislative process. 2531; see Fields, 459 F.3d at 9. Cf. 210 CHOB (Budget Committee) FindLaw 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. Three days later, the court remanded the record to the district court to make findings regarding which, if any, documents (physical or electronic) removed from [the] Congressman['s] office pursuant to a search warrant executed on May 20, 2006, are records of legislative acts. Order of July 28, 2006 (Remand Order). The gym is below the sub-basement level, in a level of the underground parking garage, and according to The Hill, a newspaper focused on Capitol Hill, "features dozens of cardio machines outfitted with TV screens, an array of Cybex weightlifting machines and free weights. 2072 *formerly B-366* (House Radio-TV Gallery) 5. 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. The Executive does not argue otherwise; the search warrant sought only materials not protected by the Speech or Debate Clause. 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. 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. The Congressman does not dispute that congressional offices are subject to the operation of the Fourth Amendment and thus subject to a search pursuant to a search warrant issued by the federal district court. See Gravel, 408 U.S. at 626. 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. at 660, my colleagues first acknowledge that Brown & Williamson involved civil litigation, id. Stay up-to-date with how the law affects your life. I, 6, cl. 163, 52 L.Ed. Beginning with the observation that the prohibition in the Speech or Debate Clause is deceptively simple, this court held in Brown & Williamson, 62 F.3d at 415, that the Clause includes a non-disclosure privilege, id. But, if the United States' legitimate interests can be satisfied even if the property is returned, continued retention of the property would become unreasonable. [3], On May 20, 2006 FBI agents raided the Rayburn Building office of Democratic Congressman William J. Jefferson in connection to an ongoing bribery investigation, marking the first time the FBI had raided the office of a sitting congressman. 2167 RHOB (Transportation and Infrastructure Committee) Neither does the Congressman maintain that the Speech or Debate Clause protects unprivileged evidence of unprivileged criminal conduct. WebRayburn House Office Building construction and dedication. This court's jurisdiction of the Congressman's appeal rests on the collateral order doctrine. 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. 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. To the extent the Executive expresses concern about the burdens placed upon the district court and attendant delay during judicial review of seized materials, the Remand Order illustrates a streamlined approach by narrowing the number of materials the district court may be required to review. 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. The Congressman has suggested no other reason why return of the non-privileged 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. The affiant asserted that the Executive had exhausted all other reasonable methods to obtain these records in a timely manner. Rayburn House Office Building in Washington, DC (Google Maps) Whether the violation requires, as the Congressman suggests, the return of all seized items, privileged as well as non-privileged, depends upon a determination of which documents are privileged and then, as to the non-privileged documents, a balancing of the separation of powers underlying the Speech or Debate Clause and the Executive's Article II, Section 3 law enforcement interest in the seized materials. 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. This blocky monolith occupying an entire city square on Washington, D.C.s 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. The 1989 Advisory Committee Notes to Rule 41(e)6 state: No standard is set forth to govern the determination of whether property should be returned to a person aggrieved either by an unlawful seizure or by deprivation of the property If the United States has a need for the property in an investigation or prosecution, its retention of the property generally is reasonable. 655-56. 1. 78dd-1 et seq. 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. 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) It It is this aspect of the warrant's execution that Rep. Jefferson claims violated the Clause because it constituted impermissible question[ing] of him. There are a variety of services available to people visiting the Capitol and to those visiting online. 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) "[2] 10. WebHouse Office Buildings (Cannon, Ford, Longworth, Rayburn) Open to the public Monday Indeed, Gravel refus[ed] to distinguish between Senator and aide in applying the Speech or Debate Clause, Gravel, 408 U.S. at 622 (emphasis added), finding instead the existence of criminal proceedings dispositive, id. Visit https://www.usbg.govfor more information about visiting the U.S. Botanic Garden. 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. 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.. Id. Finally, the government repeatedly emphasizes the consequences for law enforcement if a non-disclosure rule is recognized in the criminal context. 4. 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. 390 CHOB (Cannon Caucus Room), Longworth Lobby Stakeout East Attachments A and B, respectively, described Room 2113 and the non-legislative evidence to be seized. at 661. 654; see, e.g., In re 3021 6th Ave. N., 237 F.3d at 1041. See Appellee's Br. Congressman Jim Saxton was reportedly the source of the false alarm, after he mistook construction sounds in the garage for gunfire.[8]. Rayburn Foyer. United States v. Jefferson, No. at 1. 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). 2614.9 The core activity protected by the Clause-speech in either chamber of the Congress-is a public act. [1] Congressional leaders inserted a gymnasium into the building plans, a fact that was not publicly known at the time of construction. 62 F.3d at 419-20 (distinguishing Gravel's criminal context from civil subpoena). at 665-66, thereby potentially depriving the Executive Branch of records bearing on criminality, it is a suggestion I categorically reject. Gallery passes are required to enter the Senate galleries and may be obtained through your Senators office by visiting the Senate Appointment Desk after entering the building through security screening. ", "Appeals Court: Raid on Jefferson's Office Violated Constitution", General George Washington Resigning His Commission, First Reading of the Emancipation Proclamation of President Lincoln, Scene at the Signing of the Constitution of the United States, George Washington and the Revolutionary War Door, Westward the Course of Empire Takes Its Way, Emergency Planning, Preparedness, and Operations, https://en.wikipedia.org/w/index.php?title=Rayburn_House_Office_Building&oldid=1109268358. 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). 2175 RHOB (Education and the Workforce Committee) Office 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.

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