at 616-17 (describing aide as Member's alter ego[]). [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. 3. Neither does the Congressman maintain that the Speech or Debate Clause protects unprivileged evidence of unprivileged criminal conduct. 278 (1908) (quoting King v. Willkes, 2 Wils. 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. WebCONTACT: 2329 Rayburn House Office Building, Washington DC 20515-1302, COMMITTEE: Committee on Energy and Commerce. The Executive does not argue otherwise; the search warrant sought only materials not protected by the Speech or Debate Clause. Cf. See Warrant Aff. 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. 119 D Street, NE at 420-21. at 420. CVC-200 (Congressional Auditorium), Cannon Rotunda Committees Committee and Subcommittee Assignments. Please be as specific as possible in your description of the problem(s) encountered as well as the location on the website. On July 11, 2006, Congressman Jefferson filed a notice of appeal and a motion for a stay pending appeal. P. 41(g). Id. o Longworth Take elevators to the basement level and follow signs to Cannon or Rayburn. With respect, I believe they vastly over-read Brown & Williamson. U.S. Const. 2531. Gravel, 408 U.S. at 622, 92 S.Ct. 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 2531, 33 L.Ed.2d 507 (1972), but rather evidence of crimes, see supra pp. 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. Studio A 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. Further, the court noted, citing Eastland, 421 U.S. at 509, that when the privilege applies it is absolute. 657-58. These services include adaptive tours of the Capitol building, wheelchair loans, and interpreting services for individuals who are deaf or hard of hearing. Based on the investigation, the affiant concluded that there was probable cause to believe that Congressman Jefferson, acting with other targets of the investigation, had sought and in some cases already accepted financial backing and or concealed payments of cash or equity interests in business ventures located in the United States, Nigeria, and Ghana in exchange for his undertaking official acts as a Congressman while promoting the business interests of himself and the targets. 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. 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). Brewster, 408 U.S. at 510, 92 S.Ct. United States v. Jefferson, No. The historical record utterly devoid of Executive searches of congressional offices suggests the imposition of such a burden will be, at most, infrequent. Attachments A and B, respectively, described Room 2113 and the non-legislative evidence to be seized. at 81 (describing filtering procedures for paper records); id. See generally 15B Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure 3918.4 (2d ed.1992). 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. 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). 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. I, 6, cl. at 512, 92 S.Ct. Leasing Corp. v. United States, 429 U.S. 338, 359-60, 97 S.Ct. 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. As we note below, this possibility is not applicable to the present case. Cf. House Triangle (East Front) 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. His proposal would resurrect his Fifth Amendment right because presumably he would respond as he did to the subpoena duces tecum. Some parts of the lockdown were removed, though other areas remained sealed. Any questions should be directed to the administrators of this or any other specific sites. Also in the third floor basement is a shooting range run by the U.S. Capitol Police and a basketball court. 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. Rayburn Horseshoe Entrance Ford House Office Building - Entrance on 3rd Street, SW, near intersection with D Street, SW. Russell Senate Office Building - Delaware entrance on ground level closest to Constitution Avenue. 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. 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. 12. 2358RHOB (Appropriations) 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.). 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. at 420. Construction activities and surveyor at work. 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. 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. The Supreme Court has not spoken to the precise issue at hand. 2118 RHOB (Armed Services Committee) See Brown & Williamson Tobacco Corp. v. Williams, 62 F.3d 408, 420 (D.C.Cir.1995). 749, 15 L.Ed.2d 681 (1966)-another criminal case-as arising from the use of evidence of a legislative act to support the indictment. 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. 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. On June 4, 2007, the grand jury returned a sixteen-count indictment against Congressman Jefferson in the Eastern District of Virginia. This court's jurisdiction of the Congressman's appeal rests on the collateral order doctrine. On May 26, 2006, at 10:30 am local time, there were reports of the sounds of gunfire in the garage of the building. In addressing application of the exclusionary rule in the context of the Fourth Amendment, the Supreme Court pointed out in Leon that [p]articularly when law enforcement officers have acted in objective good faith [on a warrant issued by a neutral magistrate] or their transgressions have been minor, the possible benefit from exclusion, in terms of future deterrence, is limited, 468 U.S. at 907-08, 104 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. Indeed, the application accompanying the warrant contemplated it. 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. In re 3021 6th Ave. N., Billings, MT v. United States, 237 F.3d 1039, 1041 (9th Cir.2001). 2237 RHOB (Judiciary Committee) The search of Congressman Jefferson's office must have resulted in the disclosure of legislative materials to agents of the Executive. The warrant affidavit also described special procedures adopted by the Justice Department prosecutors overseeing the investigation. 1310 LHOB (House Administration Committee) [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. 2175 RHOB (Education and the Workforce Committee) at 709. 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). 1 or any other pertinent privilege, id. 749 (Clause protect[s] [the legislature] against possible prosecution by an unfriendly executive and conviction by a hostile judiciary). Phone: (202) 225-2915 If you have any difficulty viewing any page with adaptive technology, please contact us so that we can improve this website. 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). Pedestrian tunnels also connect the Rayburn building to the Capitol and to the Longworth House Office Building. 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. Services include, but are not limited to, wheelchair loans, sign language interpreting services, and adaptive tours. UNITED STATES v. RAYBURN HOUSE OFFICE BUILDING ROOM 2113 WASHINGTON 20515. 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. 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. 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.. The Justice Department, therefore, could regain custody of the seized materials and resume review as of July 10, 2006. 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. The Speech or Debate Clause provides that for any Speech or Debate in either House, [Members of Congress] shall not be questioned in any other Place. U.S. Const. 654; see, e.g., In re 3021 6th Ave. N., 237 F.3d at 1041. Rayburn House Office Building 50 Independence Avenue, SW Washington, D.C. 20515 Monday-Friday, 9:00am-5:00pm Oakton Branch 10461 White Granite Drive Oakton, VA 22124 Monday-Friday, 9:00am-5:00pm Saturday, 9:00am-12:00pm Before you take your next road trip, be sure you know exactly where to get your cash for free! It also serves as a holding room for visiting officials attending joint sessions of Congress. 7. Copyright 2023, Thomson Reuters. * That does not mean that the Executive Branch is without power to execute such a warrant; it just as likely indicates that never before has the Executive Branch found its use necessary. However, in Zurcher, the Supreme Court did not address whether a particular search was invalid because it was unconstitutional in its design and implementation; nor did it involve a privilege that absolutely shields records from non-voluntary disclosure. at 38. It is closed on Sundays, Thanksgiving Day, Christmas Day, New Year's Day, and Inauguration Day. Art. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. at JA 79-87. See infra pp. 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. 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. at 119. 2531. at 15, it does not deny that compelled review by the Executive occurred, nor that it occurred in a location where legislative materials were inevitably to be found, nor that some impairment of legislative deliberations occurred. Kevin was first elected to Congress in 2006 and is a native of Bakersfield and a fourth-generation Kern County resident. Office assignments Congressman Jefferson argued in the district court that he has suffered irreparable harm with no adequate remedy available at law because the violation of his constitutional rights cannot be vindicated by an action at law or damages or any other traditional relief.7 On appeal, however, the Congressman makes no claim that the functioning of his office has been impaired by loss of access to the original versions of the seized documents; the Remand Order directed that he be given copies of all seized documents. The parties disagree on precisely when that should occur and what effect any violation of the Member's Speech or Debate rights should have. Rayburn has a five-acre footprint, and looming four stories over the Hill it is larger than the nearby Capitol building. Longworth Lobby Stakeout West Given this purpose, we concluded that the Clause permit[s] Congress to insist on the confidentiality of investigative files and therefore barred enforcement of the subpoena. 2018, 2020, 167 L.Ed.2d 898 (2007); Johnson, 383 U.S. at 185 (With all references to [legislative material] eliminated [from the indictment], we think the Government should not be precluded from a new trial on this count, thus wholly purged of elements offensive to the Speech or Debate Clause.). Please try again. 8. 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. 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. If you have any accessibility questions, please call the Office of Congressional Accessibility Services at 202-224-4048. Such additional sums eventually exceeded $99 million. 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. 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. Open to the public Monday Friday, 7:30 a.m. 8:00 p.m. (Doors close at 6:30 p.m. when Senate is in recess). 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. Committees Committee and Subcommittee Assignments. Stay up-to-date with how the law affects your life. With him on the briefs were Amy Berman Jackson and Gloria B. Solomon. The considerations voiced by our concurring colleague and the district court may demonstrate good faith by the Executive, but they fail to adhere to this court's interpretation of the scope of the testimonial privilege under the Speech or Debate Clause, much less to the Supreme Court's interpretation of what constitutes core legislative activities, see Brewster, 408 U.S. at 526, and the history of the Clause. According to the brief for the Executive, the Office of the Deputy Attorney General directed an immediate freeze on any review of the seized materials. 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). Capitol Visitor Center - Main entrance at First and East Capitol streets. The Thomas Jefferson Building is open to visitors Tuesday through Saturday from 10:00 a.m. to 5:00 p.m. 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 system allows the Rayburn building to be connected to most of the Congressional office buildings on Capitol Hill via tunnel (the Ford House Office Building is freestanding and attached to no other structures by tunnel). CONTACT: 2329 Rayburn House Office Building, Washington DC 20515-1302, COMMITTEE: Committee on Energy and Commerce Office Hours 9:00 AM6:00 PM, MondayFriday 118th Congress, 1st Session; Member Profile. WebThe Rayburn House Office Building ( RHOB) is a congressional office building for the U.S. 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). 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. There is no indication that the Executive did not act based on a good faith interpretation of the law, as reflected in the district court's prior approval and later defense of the special procedures set forth in the warrant affidavit. 1813 (citing Doe v. McMillan, 412 U.S. 306, 314, 93 S.Ct. H-137 Hallway The Office of Congressional Accessibility Services (OCAS) provides a variety of services for individuals with disabilities. The question of whether the seized evidence must be suppressed under the Fourth Amendment is not before us. 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.). Neoclassical architecture in Washington, D.C. All articles with bare URLs for citations, Articles with bare URLs for citations from March 2022, Articles with PDF format bare URLs for citations, All Wikipedia articles written in American English, Infobox mapframe without OSM relation ID on Wikidata, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 8 September 2022, at 22:26. All rights reserved. It found no functional difference between compelling a Member to be questioned orally and compelling him to produce documents in response to a subpoena. Disruption aside, it is well settled that a Member is subject to criminal prosecution and process. 2172 RHOB (Foreign Affairs Committee) I, 6, cl. 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. 1. 2445, 61 L.Ed.2d 30 (1979) (quoting Dombrowski v. Eastland, 387 U.S. 82, 85, 87 S.Ct. Moreover, as the majority recognizes, see Maj. Op. 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. 2614, 33 L.Ed.2d 583 (1972) (emphasis added). 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. WebThe entrance to the Rayburn House Office Building is on Independence Avenue. 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. 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. The Galleries will open 30 minutes prior to the beginning of the session. 2072 *formerly B-366* (House Radio-TV Gallery) Every Library of Congress visitor must reserve timed-entry passes in order to maintain safe capacity levels in the Thomas Jefferson Building. Web2216 Rayburn House Office Building Washington, DC 20515 Phone: 202-225-4151 Fax: 655-56. 2614.9 The core activity protected by the Clause-speech in either chamber of the Congress-is a public act. The investigation included speaking with the Congressman's staff, one of whom had advised that records relevant to the investigation remained in the congressional office. Brown & Williamson, 62 F.3d at 416. 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. 2614, to the existence of criminal proceedings against persons other than Members of Congress at least suggest that the testimonial privilege might be less stringently applied when inconsistent with a sovereign interest. Brown & Williamson, 62 F.3d at 419-20. 2359 RHOB (Appropriations). at 420. 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. Warrant Aff. WebRayburn House Office Building Horseshoe drive off South Capitol Street or entrance on at 179. at 419; see also MINPECO, S.A. v. Conticommodity Servs., Inc., 844 F.2d 856, 860 (D.C.Cir.1988). And again the criminal context distinguishes Brown & Williamson's dicta from this case. Washington, DC 20515 In re Search of Rayburn House Ofice Bldg. 749; see also Tenney, 341 U.S. at 372, 71 S.Ct. The Filter Teams consisted of FBI agents with no prior role or connection to the investigation of Rep. Jefferson and whose roles in the investigation [were] confined to review [ing] the records seized from the Office to validate that they are responsive to the list contained in the warrant. The property owner is not required to respond either orally or by physically producing the property, including records. 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. The Capitol Subway System, an underground transportation system, connects the building to the Capitol. WebWashington D.C. Office 2312 Rayburn House Office Building Washington, DC 20515 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. Letter from Robert P. Trout, supra note 2. 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. HVC-215 A&B If you are having a problem accessing this website please let us know and we will work to ensure accessibility. 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. (bribery of foreign official) and 18 U.S.C. 9. (emphasis added). Speaker's Office Balcony Hallway 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. See Brown & Williamson Tobacco Corp. v. Williams, 62 F.3d 408 (D.C.Cir.1995) (Clause barred enforcement of subpoenas duces tecum issued to two members of House Subcommittee on Health and Environment); Maj. Op. The Rayburn Room is a large reception room at the United States Capitol where members of Congress can meet with press or constituents. Indeed, the Congressman, his attorney, and counsel for the House of Representatives were denied entry into Room 2113 once the FBI arrived.
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