371; Count 2, Conspiracy to Solicit Bribes by a Public Official, Deprive Citizens of Honest Services by Wire Fraud, id. at 44, and therefore the protections of the Clause cannot extend to precluding search warrants, id. at 616-17 (describing aide as Member's alter ego[]). at 14, 62-63, that no FBI agent or other Executive agent has seen any electronic document that, upon adjudication of the Congressman's claim of privilege, may be determined by the district court to be privileged legislative material. 2358RHOB (Appropriations) Noting that the Speech or Debate privilege is not designed to protect the reputations of congressmen but rather the functioning of Congress, id. 1619, 48 L.Ed.2d 71 (1976). 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. However, this court has. Web2244 Rayburn House Office Building. 07-0209 (E.D. 1 (emphases added). Open dawn to dusk, daily, including all weekends and holidays. Longworth Lobby Stakeout West Still, the Congressman makes no claim in his brief, much less any showing, that the functioning of his office has been disrupted as a result of not having possession of the original versions of the non-privileged seized materials. U.S. Spectrum Allocation Needs Reform: Lessons From the C There are a variety of services available to people visiting the Capitol and to those visiting online. 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. United States v. Jefferson, No. 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). 136, and (2) to identify information that may fall within the purview of the Speech or Debate Clause privilege, U.S. Robert P. Trout argued the cause for appellant. 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. Rayburn Horseshoe Entrance. Building Access & Hours | United States Capitol Police Although the search of Congressman Jefferson's paper files violated the Speech or Debate Clause, his argument does not support granting the relief that he seeks, namely the return of all seized documents, including copies, whether privileged or not. (bribery of foreign official) and 18 U.S.C. [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. On May 26, 2006, at 10:30 am local time, there were reports of the sounds of gunfire in the garage of the building. 278 (1908) (quoting King v. Willkes, 2 Wils. at 663. Elm Tree Site (East Front) 371 (conspiracy to commit bribery, wire fraud and bribery of foreign official). Letting the district court's decision stand until after the Congressman's trial would, if the Congressman is correct, allow the Executive to review privileged material in violation of the Speech or Debate Clause. Id. House Committee 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. 2531 (emphasis added). 8. The filter team would make similar determinations with respect to the data on the copied computer hard drives, following an initial electronic screening by the FBI's Computer Analysis and Response Team. 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. 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 Thomas Jefferson Building is open to visitors Tuesday through Saturday from 10:00 a.m. to 5:00 p.m. P. 41(g). o Longworth Take elevators to the basement level and follow signs to Cannon or Rayburn. 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. Office United States v. Nixon, 418 U.S. 683, 94 S.Ct. In order to determine whether the documents were responsive to the search warrant, FBI agents had to review all of the papers in the Congressman's office, of which some surely related to legislative acts. As [d]iscovery procedures can prove just as intrusive as naming Members or their staffs as parties to a suit, id. Leader McCarthy and Congressman Schweikert Host Valley Fever Roundtable, McCarthy and Schweikert Introduce Historic Valley Fever Legislation, McCarthy, Schweikert Request FDA Action on Valley Fever Drug and Vaccine Development, Valley Fever Task Force Co-Chairs Schweikert, McCarthy Celebrate Valley Fever Awareness Week in AZ, Rep. McCarthy, Sen. McSally, Rep. Schweikert, and Bipartisan, Bicameral Leaders Introduce FORWARD Act to Combat Valley Fever, Leader McCarthy and the House Valley Fever Task Force Support Immuno-Mycologics, Inc.s Bid for Grant Funding. 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. Rayburn Foyer. If you have any questions, feel free to email us. House Complex Live Locations | Radio TV Gallery Accessibility Services | Architect of the Capitol See Rayburn, 432 F.Supp.2d at 111-12. 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. 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. Abner J. Mikva at 18; Amicus Br. This markup took place in 2322 of the Rayburn House Office Building. 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.). The FBI agents seized and carried away two boxes of documents and copies of the hard drives and electronic data. See Amicus 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. Johnson v. United States, 228 U.S. 457, 458, 33 S.Ct. 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. 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. 1. See infra pp. There is no dispute that the issuance of the search warrant for Rep. Jefferson's congressional office does not violate the Clause. 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 661. The U.S. Capitol is open to the public for tours Monday Saturday from 8:30 a.m. 4:30 p.m. If you have any difficulty viewing any page with adaptive technology, please contact us so that we can improve this website. 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. While the Executive characterizes what occurred as the incidental review of arguably protected legislative materials, Appellee's Br. 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. Washington, D.C. 20515 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. Perhaps more to the point, however, he contends that complete return of all seized materials is the only remedy that vindicates the separation of powers principles underlying the Speech or Debate Clause and serves as an appropriate deterrent to future violations. 657-61. 2113 Washington, D.C. 20515, 432 F.Supp.2d 100, 113 (D.D.C.2006), the district court noted that the warrant sought only materials that were outside of the legitimate legislative sphere, id. Quite the contrary is true. Gravel v. United States, 408 U.S. 606, 626, 92 S.Ct. Business Meetings 2172 RHOB (Foreign Affairs Committee) 7. 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. 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. 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. Most important, to construe the Speech or Debate Clause as providing an absolute privilege against a seizure of non-privileged materials essential to the Executive's enforcement of criminal statutes pursuant to Article II, Section 3 on no more than a generalized claim that the separation of powers demands no less would, as the Supreme Court has observed, albeit as to a qualified privilege, upset the constitutional balance of a workable government. Nixon, 418 U.S. at 707, 94 S.Ct. The Rayburn Room is a large reception room at the United States Capitol where members of Congress can meet with press or constituents. Our precedent establishes that the testimonial privilege under the Clause extends to non-disclosure of written legislative materials. 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.