Opinion for the Court filed by Circuit Judge ROGERS. Although the Supreme Court in Weatherford v. Bursey, 429 U.S. 545, 558, 97 S.Ct. 139. 210 CHOB (Budget Committee) [T]he physical search of the Office [was] conducted by Special Agents [with] no substantive role in the investigation of Rep. Jefferson. 334 CHOB (Veterans' Affairs Committee) Gravel makes unmistakably clear that a Member-not just a staffer-is subject to criminal liability and process, see, e.g., Gravel, 408 U.S. at 626, 92 S.Ct. See id. Committee on Education and the Workforce. The Supreme Court has not spoken to the precise issue at hand. Longworth House Office Building - Main entrance, Independence and New Jersey Avenues. 2614. 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. Will Rogers Statue Area 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). United States v. Nixon, 418 U.S. 683, 94 S.Ct. 783, 95 L.Ed. 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. Reliance by the Executive and the district court on Zurcher v. Stanford Daily, 436 U.S. 547, 566-67, 98 S.Ct. Studio B 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. United States Capitol Police Indeed, the application accompanying the warrant contemplated it. 06-3105 (D.C.Cir. 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. 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. 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. Veterans Crisis Line: Call: 988 (Press 1) Social Media. at 663. Congressional office building for the U.S. House of Representatives, View of Rayburn Office from United States Capitol dome (2007), Powers, privileges, procedure, committees, history, media, https://www.gao.gov/assets/190/188219.pdf, "FBI Raid on Lawmaker's Office Is Questioned", "Reckless Justice: Did the Saturday Night Raid of Congress Trample the Constitution? United States v. Albinson, 356 F.3d 278, 279 n. 1 (3d Cir.2004). I, 6, cl. at 37. Yet, as the district court noted, the difference between a warrant and a subpoena is of critical importance here. Rayburn, 432 F.Supp.2d at 111. HVC-210 Alcove Key Documents Markup of One Bill, Full Committee (December 14, If you are having a problem accessing this website please let us know and we will work to ensure accessibility. 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. Visit the tools page for links to free downloads. 1 The limited United States Supreme Court precedent regarding the applicability of the Clause in the criminal context makes one thing clear-the Clause does not purport to confer a general exemption upon Members of Congress from liability or process in criminal cases. The House Galleries are closed when the House is out of session and during all Pro Forma sessions. See Brewster, 408 U.S. at 516, 92 S.Ct. 1962(c). at 38. All rights reserved. Services include, but are not limited to, wheelchair loans, sign language interpreting services, and adaptive tours. at JA 7. 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. Art. 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 Brown & Williamson Tobacco Corp. v. Williams, 62 F.3d 408, 420 (D.C.Cir.1995). The FBI agents' execution of the warrant on Rep. Jefferson's congressional office did not require the latter to do anything and accordingly falls far short of the question[ing] the court in Brown & Williamson found was required of a Member in response to a civil subpoena. 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. Contact us. Phone: 202-224-3121 3. 657-58. 371 (conspiracy to commit bribery, wire fraud and bribery of foreign official). o Longworth Take elevators to the basement level and follow signs to Cannon or Rayburn. 2113, Washington, D.C. 20515, 434 F.Supp.2d 3 (D.D.C.2006). 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.. 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. H-137 Hallway 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. 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. 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. Open 10:00 a.m. 5:00 p.m. daily, including all weekends and holidays.National Garden 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. But indications as to what Congress is looking at provide clues as to what Congress is doing, or might be about to do-and this is true whether or not the documents are sought for the purpose of inquiring into (or frustrating) legislative conduct or to advance some other goals We do not share the Third Circuit's conviction that democracy's limited toleration for secrecy is inconsistent with an interpretation of the Speech or Debate Clause that would permit Congress to insist on the confidentiality of investigative files. 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. See SA at 54-74. at 44, and therefore the protections of the Clause cannot extend to precluding search warrants, id. Although in Gravel the Court held that the Clause embraces a testimonial privilege, id. While the Executive characterizes what occurred as the incidental review of arguably protected legislative materials, Appellee's Br. 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. 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). 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. * 2154 RHOB (Oversight and Government Reform Committee) Washington, DC 20515 Both also emphasized that the search warrant sought only non-privileged materials as a basis for distinguishing Brown & Williamson, and looked to the procedural protections afforded by the issuance of a valid search warrant available only in criminal investigations as eliminating any threat to Congress's capacity to function effectively. 4. at 81 (describing filtering procedures for paper records); id. The affiant asserted that the Executive had exhausted all other reasonable methods to obtain these records in a timely manner. 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. 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. And again the criminal context distinguishes Brown & Williamson's dicta from this case. 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. at 418 (quoting MINPECO, 844 F.2d at 859). Rayburn is named after former Speaker of the House Sam Rayburn. 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. 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. See Warrant Aff. 2445, 61 L.Ed.2d 30 (1979) (quoting Dombrowski v. Eastland, 387 U.S. 82, 85, 87 S.Ct. Room No. Webthe building and one in the southwest corner of the building. 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. WebCONTACT: 2329 Rayburn House Office Building, Washington DC 20515-1302, COMMITTEE: Committee on Energy and Commerce. Fax: (202) 225-2908 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. Id. at 419; see also MINPECO, S.A. v. Conticommodity Servs., Inc., 844 F.2d 856, 860 (D.C.Cir.1988). Indeed, the Congressman, his attorney, and counsel for the House of Representatives were denied entry into Room 2113 once the FBI arrived. Our district encompasses most of Seattle at 419, the court concluded that document production threatened to distract the two Members from their legislative duties, see id. These services include adaptive tours of the Capitol building, wheelchair loans, and interpreting services for individuals who are deaf or hard of hearing. 1343 and 1346; Count 11, Foreign Corrupt Practices Act, 15 U.S.C. Congressman Jim Saxton was reportedly the source of the false alarm, after he mistook construction sounds in the garage for gunfire.[8]. 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) 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. 3090 (quoting Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 635, 72 S.Ct. 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). R. Crim. The Capitol Visitor Center is open from 8:30 a.m. - 3:30 p.m. Tours are available 9 a.m. to 3 p.m. 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. Rayburn Horseshoe Entrance. WebThe Architect estimated that the cost to June 30, 1966 (believed to be the estimated cost to completion), would be $98,209,685, including $8,955,685 for the subway between the Capitol and the Rayburn Building and for the pedestrian tunnels between the Longworth and Ray- Because Gravel stresses the significance of criminal proceedings, rather than their target, and because his aide can invoke the Clause only if the Member can do so, the majority is wrong in maintaining that Gravel's language as construed in Brown & Williamson is limited to third-party crime.11, Moreover, as the government points out, to conclude that the Clause's shield protects against any Executive Branch exposure to records of legislative acts would jeopardize law enforcement tools that have never been considered problematic. Appellee's Br. Studio C 2531; see Fields, 459 F.3d at 9. Office of Congressional Accessibility Services: Office of Congressional Accessibility Services, Web Content Accessibility Guidelines, version 2.1. TTY: 202-225-1904. 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. at 1. 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. Capitol Visitor Center - Main entrance at First and East Capitol streets. Technical Standards for Web-based Intranet and Internet Information and Applications (.