As [d]iscovery procedures can prove just as intrusive as naming Members or their staffs as parties to a suit, id. 1334 LHOB, Rayburn Foyer 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. Washington, D.C. Today, Congressman and Congressional Valley Fever Task Force Co-Chair Kevin McCarthy, U.S. Every Library of Congress visitor must reserve timed-entry passes in order to maintain safe capacity levels in the Thomas Jefferson Building. See Rayburn, 432 F.Supp.2d at 111-12. 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. House Committee on Science, Space, and Technology Republicans 2321 Rayburn House Office Building Washington, DC 20515 Phone: 202-225-6371 Fax: 202-226-0113 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. The Office of Congressional Accessibility Services (OCAS) provides a variety of services for individuals with disabilities. On July 11, 2006, Congressman Jefferson filed a notice of appeal and a motion for a stay pending appeal. art. Capitol Rotunda 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 United States Capitol Police has a strong partnership with DCs Homeland Security and Emergency Management Agency (HSEMA). Reliance by the Executive and the district court on Zurcher v. Stanford Daily, 436 U.S. 547, 566-67, 98 S.Ct. WebThe entrance to the Rayburn House Office Building is on Independence Avenue. 6562, the bipartisan FORWARD Act with fellow Co-Chairman Congressman David Schweikert (AZ-6) and Task Force Members Congresswoman Martha McSally (AZ-2), Congresswoman Karen Bass (CA-37), and Congresswoman Kyrsten Sinema (AZ-9). 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. Logistical Note: To navigate to the event space, enter into the Rayburn at 13. Any questions should be directed to the administrators of this or any other specific sites. This blocky monolith occupying an entire city square on Washington, D.C.s Capitol Hill is the Rayburn building, built in the 1960s as new office space for the House of Representatives. Its design frequently evokes soliloquies on monstrous, soul deadening, and fascist architecture. The cornerstone was laid in May 1962, and full occupancy began in February 1965. 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. 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. 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. Id. 511, 127 S.Ct. [6] The legality of the raid was challenged in court, where a federal appeals court ruled that the FBI had violated the Speech or Debate clause of the United States Constitution by allowing the executive branch to review materials that were part of the legislative process.[7]. WebWashington D.C. Office 2312 Rayburn House Office Building Washington, DC 20515 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. U.S. Const. at 659-61 (relying on Brown & Williamson because [t]he Supreme Court has not spoken).2 But Brown & Williamson's brief comments regarding the Clause in the criminal context-which comments importantly acknowledge the Clause's less categorical scope in that context3 -REMAIN DICTA NO MATter how profound. maj. op. In the district court's view, the Speech or Debate Clause was not implicated by execution of the search warrant because a seizure of documents did not involve a testimonial element. Please visit https://www.loc.gov/visit for more information on visiting the Library of Congress. 139. 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. House Office Rayburn House Office Building Room 2026 Phone: 202-225-2280 Fax: 202-273-9988 ocla-cls@va.gov; Senate Office Russell Senate Office Building Room 189 Phone: 202-224-5351 Fax: 202-273-9988 ocla-cls@va.gov; CONNECT. 1. 654; it is of no moment that the indictment was filed in another district, id. The Supreme Court has not spoken to the precise issue at hand. 390 CHOB (Cannon Caucus Room), Longworth Lobby Stakeout East 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 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. Some parts of the lockdown were removed, though other areas remained sealed. While the Executive characterizes what occurred as the incidental review of arguably protected legislative materials, Appellee's Br. Rep. Schweikert meets with Dr. Galgiani, Director of the University of Arizona Valley Fever Center for Excellence, and community leaders in Phoenix, Arizona. 2531. 1343 and 1346; Count 11, Foreign Corrupt Practices Act, 15 U.S.C. If you are having a problem accessing this website please let us know and we will work to ensure accessibility. 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. 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. 2128 RHOB (Financial Services) 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. The question of whether the seized evidence must be suppressed under the Fourth Amendment is not before us. Committees Committee and Subcommittee Assignments. 2267 Rayburn House Office Building Washington, DC, 20515-5201 Phone: (202) 225-2646 Website: https://sablan.house.gov/ Full map view. Letter from Robert P. Trout, supra note 2. 2072 *formerly B-366* (House Radio-TV Gallery) 371 (conspiracy to commit bribery, wire fraud and bribery of foreign official). 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). See United States v. Rayburn House Office Bldg., Room 2113, No. See In re Search of Law Office, 341 F.3d at 414 & n. 49 (holding that district court must find at the very least, a substantial showing of irreparable harm in order to suppress seized evidence under Rule 41(e), citing G.M. The version of the Clause adopted by the Founders closely resembles the language adopted in the English Bill of Rights of 1689, which came out of the long struggle for governmental supremacy between the English monarchs and the Parliament, during which the criminal and civil law were used to intimidate legislators. 4. 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. All rights reserved. Art. CVC-217 (South Congressional Meeting Room) Yet, to the extent the majority reads Brown & Williamson to limit Gravel to process served on a congressional aide during a criminal investigation of a third party, that reading mischaracterizes both Brown & Williamson and Gravel. Stay up-to-date with how the law affects your life. United States Capitol Police The affiant asserted that the Executive had exhausted all other reasonable methods to obtain these records in a timely manner. 2614, 33 L.Ed.2d 583 (1972). No. 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. 2322 Rayburn House Office Building The Subcommittee on Innovation, Data, and Commerce of the Committee on Energy and Commerce held an open markup session on Tuesday, February 7, 2023, at 2:00 p.m. 7. 2445, 61 L.Ed.2d 30 (1979) (quoting Dombrowski v. Eastland, 387 U.S. 82, 85, 87 S.Ct. Such a rule would also presumably apply to surveillance of a Member or staffer who might discuss legislative matters with another Member or staffer. Id. 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. 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. In re Search of Rayburn House Ofice Bldg. 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. The Supreme Court has made clear that the two elements of the privilege-Speech or Debate and question[ing]-must be read broadly to effectuate its purposes. United States v. Johnson, 383 U.S. 169, 180, 86 S.Ct. at 84-85 (electronic records). At the same time, the remedy must give effect not only to the separation of powers underlying the Speech or Debate Clause but also to the sovereign's interest under Article II, Section 3 in law enforcement. Conservatory at 616, to date the Court has not spoken on whether the privilege conferred by the Clause includes a non-disclosure privilege. 2322 RHOB (Energy and Commerce Committee) Brown & Williamson's non-disclosure rule, however, does not extend to criminal process. In re 3021 6th Ave. N., Billings, MT v. United States, 237 F.3d 1039, 1041 (9th Cir.2001). The bar on compelled disclosure is absolute, see Eastland, 421 U.S. at 503, and there is no reason to believe that the bar does not apply in the criminal as well as the civil context. 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. 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). 2531 (Clause's purpose [is not] to make Members of Congress super-citizens, immune from criminal responsibility); Gravel, 408 U.S. at 626, 92 S.Ct. Please try again. Contact us. 2059 Rayburn House Office Building Washington, D.C. 20515 at 660, amounts to prohibited question[ing] because the Clause embodies a broad non-disclosure privilege, Maj. Op. H-217 (Speaker's Ceremonial Office) 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. Capitol Visitor Center - Main entrance at First and East Capitol streets. 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. In the same vein, the court indicated that the degree of disruption caused by probing into legislative acts is immaterial, id. 137-38. 201 (bribery of public official), 18 U.S.C. The Thomas Jefferson Building is open to visitors Tuesday through Saturday from 10:00 a.m. to 5:00 p.m. at JA 87-88 (internal citations omitted), the district court ensured that the warrant encompassed only unprivileged records. The attached affidavit of Special Agent Timothy R. Thibault of the Federal Bureau of Investigation (FBI) described how the apparent victim of a fraud and bribery scheme who had come forward as a cooperating witness led to an investigation into bribery of a public official, wire fraud, bribery of a foreign official, and conspiracy to commit these crimes. 919 (1913) (under Fifth Amendment [a] party is privileged from producing the evidence, but not from its production). Fax: (202) 225-2908 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). However, this court has. RAYBURN HOUSE OFFICE BUILDING, ROOM 2113, WASHINGTON, D.C. 20515, Appellant. at 1. Further, as contemplated by the warrant affidavit, see Thibault Aff. The warrant affidavit also described special procedures adopted by the Justice Department prosecutors overseeing the investigation. 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). 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. On July 10, 2006, the district court denied the Congressman's motion for return of the seized materials. 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. Washington, DC 20515 Phone: (202) 225-5301 Web2244 Rayburn House Office Building. The following principles govern our conclusion. 3. Here, the warrant sought only fruits, instrumentalities and evidence of violations of various federal bribery and fraud statutes involving Rep. Jefferson,4 see Warrant Aff., reprinted in Joint Appendix (JA) at 7; Sealed Appendix (SA) 18-25, which plainly are outside the bounds of protected legislative activities, see Brewster, 408 U.S. at 526, 92 S.Ct. Today, Congressman McCarthy, as Co-Chair of the Congressional Valley Fever Task Force, along with 16 of his colleagues in the House, sent a letter to National Institutes of Health (NIH) Director Francis Collins in support of grant funding to help move a Valley Fever diagnostic tool into primary care settings, such as the family doctors office. at 37. Rayburn was completed in early 1965 and is home to the offices of 169 representatives. Also in the third floor basement is a shooting range run by the U.S. Capitol Police and a basketball court. 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. 62 F.3d at 419-20 (distinguishing Gravel's criminal context from civil subpoena). The Executive offers that the special procedures described in the warrant affidavit are more than sufficient to protect Rep[resentative] Jefferson's rights under the Clause, Appellee's Br. See id. 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. ), vacated on other grounds, 519 U.S. 1, 117 S.Ct. 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. Popular burger chain Steak n Shake has opened its first location in the District, and its inside the Rayburn House Office Building. WebRayburn House Office Building construction and dedication. at 659. See Brown & Williamson Tobacco Corp. v. Williams, 62 F.3d 408, 420 (D.C.Cir.1995). HVC-210 (Speaker's Hearing Room) 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. The Executive and the district court appear to have proceeded on the premise that the scope of the privilege narrows when a search warrant is at issue. 11. 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. See, e.g., Brown & Williamson, 62 F.3d at 416.4. 2531 (emphasis added). 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 infra pp. of Scott Palmer, Elliot S. Berke, and Reid Stuntz, and Philip Kiko (former senior congressional staffers) at 26. Currently, Immuno-Mycologics, Inc. 2059 Rayburn House Office Building 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. See Gravel, 408 U.S. at 626. These services include adaptive tours of the Capitol building, wheelchair loans, and interpreting services for individuals who are deaf or hard of hearing.