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. 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. 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. 1100 LHOB (Ways and Means Committee) Veterans Crisis Line: Call: 988 (Press 1) Social Media. Capitol Visitor Center - Main entrance at First and East Capitol streets. Includes site before construction; demolition of Wonders Court, apartment houses, commercial and government buildings, and garages. P. 41(g). 1. at 512, 92 S.Ct. The affiant asserted that the Executive had exhausted all other reasonable methods to obtain these records in a timely manner. Although in Gravel the Court held that the Clause embraces a testimonial privilege, 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. 2531. 1512(c)(1); Count 16, Racketeer Influenced Corrupt Organization, Pattern of Racketeering Activity (RICO), id. 2. 62 F.3d at 419-20 (distinguishing Gravel's criminal context from civil subpoena). 1957; Count 15, Obstruction of Justice, 18 U.S.C. 2531 (emphasis added). Johnson v. United States, 228 U.S. 457, 458, 33 S.Ct. 378, 136 L.Ed.2d 1 (1996). Having found probable cause to believe that Rep. Jefferson's congressional office contains property constituting evidence of the commission of bribery of a public official, wire fraud[,] bribery of a foreign official [and] conspiracy to commit these crimes and having issued a search warrant aimed solely at such evidence, see Warrant Aff. See In re 3021 6th Ave. N., 237 F.3d at 1041 (citing DiBella v. United States, 369 U.S. 121, 131-32, 82 S.Ct. Office assignments 1153 (1952) (Jackson, J., concurring)). See Appellee's Br. 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. at 420. 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. (emphasis added). This gated outdoor garden has extended evening hours; staying open until 7 p.m. from April 1 to September 15 each year.Bartholdi Park If you have any questions, feel free to email us. 7. In re 3021 6th Ave. N., Billings, MT v. United States, 237 F.3d 1039, 1041 (9th Cir.2001). 2123 RHOB (Energy and Commerce Committee) Further, as contemplated by the warrant affidavit, see Thibault Aff. Committees Committee and Subcommittee Assignments. at 420. 5. The Speech or Debate protected by the Constitution includes only legitimate legislative activity, see, e.g., Tenney v. Brandhove, 341 U.S. 367, 376, 71 S.Ct. WebThe Rayburn House Office Building, completed in early 1965, is the third of three office This court's jurisdiction of the Congressman's appeal rests on the collateral order doctrine. Web2244 Rayburn House Office 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. 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. Office of Congressional Accessibility Services: Office of Congressional Accessibility Services, Web Content Accessibility Guidelines, version 2.1. RAYBURN HOUSE OFFICE BUILDING, ROOM 2113, WASHINGTON, D.C. 20515, Appellant. As a result of the 2002 Amendments, Rule 41(e) now appears with minor stylistic changes as Rule 41(g). 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. [1] Congressional leaders inserted a gymnasium into the building plans, a fact that was not publicly known at the time of construction. As we note below, this possibility is not applicable to the present case. WebIf you are looking for our District Office contact information, you can view our Offices page. * While the Executive characterizes what occurred as the incidental review of arguably protected legislative materials, Appellee's Br. 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. 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. at 119. The FBI agents were to review and seize paper documents responsive to the warrant, copy all electronic files on the hard drives or other electronic media in the Congressman's office, and then turn over the files for review by a filter team consisting of two Justice Department attorneys and an FBI agent. 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. Finally, the government repeatedly emphasizes the consequences for law enforcement if a non-disclosure rule is recognized in the criminal context. ), vacated on other grounds, 519 U.S. 1, 117 S.Ct. HC-8 Art. According to the affidavit, these procedures were designed: (1) to minimize the likelihood that any potentially politically sensitive, non-responsive items in the Office will be seized and provided to the [p]rosecution [t]eam, Thibault Aff. 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. 2020 RHOB (Ways and Means Committee) It also serves as a holding room for visiting officials attending joint sessions of Congress. 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. 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. WebOffice Room Phone Committee Assignment; D'Esposito, Anthony: New York 4th : R : 1508 These services include adaptive tours of the Capitol building, wheelchair loans, and interpreting services for individuals who are deaf or hard 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) 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! Accordingly, we hold that a search that allows agents of the Executive to review privileged materials without the Member's consent violates the Clause. 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. On May 26, 2006, at 10:30 am local time, there were reports of the sounds of gunfire in the garage of the building. 1334 LHOB, Rayburn Foyer TTY: 202-225-1904. at 419; see also MINPECO, S.A. v. Conticommodity Servs., Inc., 844 F.2d 856, 860 (D.C.Cir.1988). "[2] 2614. My colleagues qualify Brown & Williamson's reference to Gravel, noting it [was] not a Member who [was] subject to criminal proceedings or process in Gravel. at 660, amounts to prohibited question[ing] because the Clause embodies a broad non-disclosure privilege, Maj. Op. 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. I, 6, cl. HSEMA, on behalf of the USCP, may target specific, nearby neighborhood user groups, such as the Capitol Hill user group, with important information. 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. 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). at JA 87-88 (internal citations omitted), the district court ensured that the warrant encompassed only unprivileged records. 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. United States Capitol Police 2531. at 660, my colleagues first acknowledge that Brown & Williamson involved civil litigation, id. Taking his assertions in reverse order, such relief is unnecessary to deter future unconstitutional acts by the Executive. 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. at 26. The following day, the President of the United States directed the Attorney General, acting through the Solicitor General, to preserve and seal the records and to make sure no use was made of the materials and that no one had access to them; this directive would expire on July 9, 2006. I, 6, cl. Rather he contends legislative and executive interests can be accommodated without such notice, as urged, for example by the Deputy Counsel to the House of Representatives: We're not contemplating advance notice to the [M]ember to go into his office to search his documents before anyone shows up, but rather that [t]he Capitol [P]olice would seal the office so that nothing would go out of that office and then the search would take place with the [M]ember there. Tr. 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. 2614.7 Nevertheless, my colleagues conclude that the holding in Brown & Williamson, see 62 F.3d at 418-21, establishes that the disclosure of legislative material during the execution of a search warrant, Maj. Op. Capitol Hill Facts - Rayburn House Office Building | Architect of The Ca Recognizing the strength of these constitutional interests, the Supreme Court limited the scope of executive privilege-which is unquestionably a confidentiality rule-by permitting in camera judicial review of executive records to meet [t]he need to develop all relevant facts in a criminal prosecution. Likewise, my colleagues' notion that Brown & Williamson applies to criminal matters because the Clause's bar on compelled disclosure is absolute, id. 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. 2614.9 The core activity protected by the Clause-speech in either chamber of the Congress-is a public act. 4. 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. 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. Abner J. Mikva at 18; Amicus Br. Pedestrian tunnels also connect the Rayburn building to the Capitol and to the Longworth House Office Building. 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. This is an appeal from the denial of a motion, filed pursuant to Rule 41(g) of the Federal Rules of Criminal Procedure, seeking the return of all materials seized by the Executive upon executing a search warrant for non-legislative materials in the congressional office of a sitting Member of Congress. Conservatory 1382, 146 L.Ed.2d 265 (2000); see also Legal Assistance for Vietnamese Asylum Seekers v. Dep't of State, 74 F.3d 1308, 1311 (D.C.Cir. 2167 RHOB (Transportation and Infrastructure Committee) 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. That candor is the animating purpose of the Clause is plain from the historical roots of the privilege. See generally 15B Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure 3918.4 (2d ed.1992). at 13. 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. 1343, 1346 and 1349 (wire fraud and deprivation of honest services), 15 U.S.C. at 421. The warrant was lawfully issued because it does not seek evidence of [a] legislative act generally done in Congress in relation to the business before it, United States v. Brewster, 408 U.S. 501, 512, 92 S.Ct. Visitors wanting to watch the proceedings of the U.S. House of Representatives and U.S. Senate in person should follow the guidance below. 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 Capitol Subway System, an underground transportation system, connects the building to the Capitol. WebWashington, DC Office. 2136 Rayburn House Office Building Washington, DC, 20515-5101 Phone: (202) 225-8050 Website: https://norton.house.gov/ Full map view. Senate Galleries: Two Senate Galleries are now open to the public. 06-3105. The warrant affidavit also described special procedures adopted by the Justice Department prosecutors overseeing the investigation. 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. 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. 1. 2059 Rayburn House Office Building Washington, D.C. 20515 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. House Galleries: When the House is in session, the Galleries will be open to Members of Congress who personally escort guests to the Galleries. The email address cannot be subscribed. 137-38, the FBI agents who executed the search warrant shall continue to be barred from disclosing the contents of any privileged or politically sensitive and non-responsive items, id. Washington, D.C. Today, Congressman and Congressional Valley Fever Task Force Co-Chair Kevin McCarthy, U.S. See Brown & Williamson Tobacco Corp. v. Williams, 62 F.3d 408, 420 (D.C.Cir.1995). 2614, 33 L.Ed.2d 583 (1972) (emphasis added). 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. Compare Amicus Br. 3090 (quoting Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 635, 72 S.Ct. This procedure is significantly different even from those the Executive has on occasion afforded to other privileges not protected in the Constitution; for example, in United States v. Search of Law Office, 341 F.3d 404, 407 (5th Cir.2003), the privilege holder was allowed an opportunity to identify documents protected under the attorney-client privilege at the point the search was completed. Capitol Rotunda Web5 Presidents and 7 major presidential nominees have used rooms in the House Office Buildings at some point in their careers. It is closed on Sundays, Thanksgiving Day, Christmas Day, New Year's Day, and Inauguration Day. 2175 RHOB (Education and the Workforce Committee) The question of whether the seized evidence must be suppressed under the Fourth Amendment is not before us. Note: Last entry is at 4:30 p.m.Closed to the public on Sundays, Thanksgiving Day, Christmas Day, and New Year's Day. 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). 1 or any other pertinent privilege, id. 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. They include 18 U.S.C. Moreover, as the majority recognizes, see Maj. Op. 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. The U.S. House of Representatives is fully accessible to people with disabilities. On June 4, 2007, the grand jury returned a sixteen-count indictment against Congressman Jefferson in the Eastern District of Virginia. As our court has noted, the touchstone of the Clause is interference with legislative activities, see Brown & Williamson, 62 F.3d at 421; the Clause is therefore designed to protect Congressmen not only from the consequences of litigation's results but also from the burden of defending themselves' for their legislative actions, Helstoski v. Meanor, 442 U.S. 500, 508, 99 S.Ct. The Supreme Court has not spoken to the precise issue at hand. Cf. 201 (bribery of public official), 18 U.S.C. Room No. at 616, to date the Court has not spoken on whether the privilege conferred by the Clause includes a non-disclosure privilege. at 709. 749, 15 L.Ed.2d 681 (1966). at JA 80. It found no functional difference between compelling a Member to be questioned orally and compelling him to produce documents in response to a subpoena. Some site content requires additional applications or browser plug-ins. See, e.g., Brown & Williamson, 62 F.3d at 416.4. 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. See United States v. Nixon, 418 U.S. 683, 703-04, 94 S.Ct. Letter from Robert P. Trout, supra note 2. H-137 Hallway Id. 334 CHOB (Veterans' Affairs Committee) 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. of Hon. Rayburn Horseshoe Entrance I, 6, cl. Rayburn was completed in early 1965 and is home to the offices of 169 representatives. In March 1955, House Speaker Sam Rayburn introduced an amendment for a third House office building, although no site had been identified, no architectural study had been done, and no plans prepared. 78dd-2(a); Counts 12-14, Money Laundering, 18 U.S.C. Art. 1962(c). That holding prohibited the production of certain records in a congressional subcommittee's possession in response to a civil subpoena. 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). Washington, D.C. 20515 10. 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. 2154 RHOB (Oversight and Government Reform Committee) HVC SL Hallway (House IntelCommittee Stakeout Area) 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.
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