rayburn house office building horseshoe

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. Studio A HVC-215 A&B 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. 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. 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. 1343, 1346 and 1349 (wire fraud and deprivation of honest services), 15 U.S.C. Although the Supreme Court in Weatherford v. Bursey, 429 U.S. 545, 558, 97 S.Ct. at 13-22; U.S. Const. 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). Longworth House Office Building - Main entrance, Independence and New Jersey Avenues. 3090, 41 L.Ed.2d 1039 (1974) (citing Speech or Debate Clause cases to illustrate judicial power to define scope of executive privilege); cf. 136, and (2) to identify information that may fall within the purview of the Speech or Debate Clause privilege, U.S. Rayburn has a five-acre footprint, and looming four stories over the Hill it is larger than the nearby Capitol building. Only after failing to obtain the records through investigative means within Rep. Jefferson's ability to control did the government turn to a search warrant, which minimizes Rep. Jefferson's role-and his Fifth Amendment right. The question of whether the seized evidence must be suppressed under the Fourth Amendment is not before us. 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. Unlike the Congressman's request for the return of legislative materials protected by the Speech or Debate Clause, the further claim for the return of all non-privileged materials is not independent of the criminal prosecution against him, especially if the legality of the search will be a critical issue in the criminal trial. Robert P. Trout argued the cause for appellant. at 661. 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. 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. Answering a civil subpoena requires the individual subpoenaed to affirmatively act; he either produces the testimony/documents sought or challenges the subpoena's validity. 2614, 33 L.Ed.2d 583 (1972). Webthe building and one in the southwest corner of the building. at 119. 749, 15 L.Ed.2d 681 (1966). art. Capitol Visitor Center - Main entrance at First and East Capitol streets. 1 or any other pertinent privilege, id. 2175 RHOB (Education and the Workforce Committee) Rayburn was completed in early 1965 and is home to the offices of 169 representatives. 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. While the Executive characterizes what occurred as the incidental review of arguably protected legislative materials, Appellee's Br. In the meantime, the court enjoined the Executive from reviewing any of the seized documents pending further order of this court. With respect to our precedent, moreover, the government asserts that Brown & Williamson itself distinguished between civil subpoenas and criminal proceedings, and limited its holding to the former. Id. at 421 (quoting MINPECO, 844 F.2d at 859 (quoting Eastland v. U.S. Servicemen's Fund, 421 U.S. 491, 503, 95 S.Ct. at 179. 1153 (1952) (Jackson, J., concurring)). 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. 07-0209 (E.D. 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. 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. Art. 1 (emphases added). 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. 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. Room No. I, 6, cl. Hours: M-F 9:00am-6:00pm. He argued, inter alia, that the issuance and execution of the search warrant violated the Speech or Debate Clause and sought an order enjoining FBI and Justice Department review or inspection of the seized materials. 7. Remand Order of July 28, 2007. WebOffice Room Phone Committee Assignment; D'Esposito, Anthony: New York 4th : R : 1508 The Congressman has suggested no other reason why return of such 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 against him while this appeal was pending. As [t]he laws of this country allow no place or employment as a sanctuary for crime, Williamson v. United States, 207 U.S. 425, 439, 28 S.Ct. 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. 4. See Gravel, 408 U.S. at 626. At trial Rep. Jefferson may assert Speech or Debate Clause immunity to bar the use of records he claims are privileged. Opinion for the Court filed by Circuit Judge ROGERS. I, 6, cl. It is this aspect of the warrant's execution that Rep. Jefferson claims violated the Clause because it constituted impermissible question[ing] of him. 2531, 33 L.Ed.2d 507 (1972) (emphasis added). See Amicus Br. Rayburn Horseshoe Entrance UNITED STATES v. RAYBURN HOUSE OFFICE BUILDING ROOM 2113 WASHINGTON 20515. House Galleries: When the House is in session, the Galleries will be open to Members of Congress who personally escort guests to the Galleries. Further, as contemplated by the warrant affidavit, see Thibault Aff. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Cannon House Office Building - Entrance on New Jersey Avenue, SE, south of the terrace at the intersection with Independence Avenue. 137-38. 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. WebRayburn House Office Building construction and dedication. at 709. Still, the speech or debate privilege was designed to preserve legislative independence, not supremacy. United States v. Brewster, 408 U.S. 501, 508, 92 S.Ct. at 626. 2018, 36 L.Ed.2d 912 (1973)), recognizing that the privilege is absolute once it attaches begs the question whether the Clause attaches to begin with.10 Significantly, in Brown & Williamson we expressly recognized that the Clause's testimonial privilege might be less stringently applied when inconsistent with a sovereign interest, such as the conduct of criminal proceedings. Its shield does not extend beyond what is necessary to preserve the integrity of the legislative process, Brewster, 408 U.S. at 517, and it does not prohibit inquiry into illegal conduct simply because it has some nexus to legislative functions, id. Please be as specific as possible in your description of the problem(s) encountered as well as the location on the website. Elm Tree Site (East Front) 657-58. Our precedent establishes that the testimonial privilege under the Clause extends to non-disclosure of written legislative materials. Disruption aside, it is well settled that a Member is subject to criminal prosecution and process. Gravel's holding that the Clause does not immunize Senator or aide from testifying at trials or grand jury proceedings involving third-party crimes is replete with observations that the Clause provides no protection for criminal conduct performed at the direction of the [Member] or done without his knowledge by an aide. 8. Unlike the majority, however, I believe that neither the Supreme Court nor Brown & Williamson holds that the Clause precludes Executive Branch execution of a search warrant. 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. P. 41(g). The Executive does not argue otherwise; the search warrant sought only materials not protected by the Speech or Debate Clause. Washington, DC 20515. Receiving certain United States Capitol Police Messages through Alert DC As [d]iscovery procedures can prove just as intrusive as naming Members or their staffs as parties to a suit, id. 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. 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. Visit the tools page for links to free downloads. See Appellant's Br. See Maj. Op. 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. Art. 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. at 37. See Appellant's Br. Id. Id. 210 CHOB (Budget Committee) 2531, 33 L.Ed.2d 507 (1972), but rather evidence of crimes, see supra pp. Although Brown & Williamson involved civil litigation and the documents being sought were legislative in nature, the court's discussion of the Speech or Debate Clause was more profound and repeatedly referred to the functioning of the Clause in criminal proceedings. U.S. Const. While the House attempts to ensure the correctness and suitability of information under House control and to correct errors brought to our attention, no representation or guarantee can be made as to the correctness or suitability of that information or any other linked information presented, referenced, or implied. Includes site before construction; demolition of Wonders Court, apartment houses, commercial and government buildings, and garages. 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. In the same vein, the court indicated that the degree of disruption caused by probing into legislative acts is immaterial, id. Please vist Alert DC at alert.dc.gov to sign up. Rayburn Foyer. 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. 2531. Johnson v. United States, 228 U.S. 457, 458, 33 S.Ct. Id. 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.. 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). Complete Directory . Materials determined to be privileged or not responsive would be returned without dissemination to the prosecution team. The area west of the Longworth Building on squares 635 and 636 was chosen, with the main entrance on Independence Avenue and garage and pedestrian entrances on South Capitol Street, C Street, and First Street Southwest. If you are having a problem accessing this website please let us know and we will work to ensure accessibility. 371; Counts 3 & 4, Solicitation of Bribes by a Public Official, 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. Some parts of the lockdown were removed, though other areas remained sealed. 1324 LHOB (Natural Resrouces Committee) Fax: Logistical Note: To navigate to the event space, enter into the Rayburn 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). 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). "[2] 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. With him on the briefs were Amy Berman Jackson and Gloria B. Solomon. I, 6, cl. See 62 F.3d at 419. 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. of Scott Palmer, Elliot S. Berke, and Reid Stuntz, and Philip Kiko (former senior congressional staffers) at 26. Phone: 202-224-3121 The cornerstone was laid in May 1962, and full occupancy began in February 1965. 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. Johnson, 383 U.S. at 178, 86 S.Ct. Our concurring colleague takes much the same approach, failing to distinguish between the lawfulness of searching a congressional office pursuant to a search warrant and the lawfulness of the manner in which the search is executed in view of the protections afforded against compelled disclosure of legislative materials by the Speech or Debate Clause. [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]. 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. 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. 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. 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. 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. WebWashington D.C. Office 2312 Rayburn House Office Building Washington, DC 20515 They include 18 U.S.C. Rep. Jefferson places considerable emphasis on the fact that the executive branch executed a search warrant on the legislative office of a sitting Member of Congress for the first time in the history of the United States. Appellant's Br. Center Steps Hallway Area Letter from Robert P. Trout, supra note 2. Key Documents Markup of One Bill, Full Committee (December 14, Further, the court noted, citing Eastland, 421 U.S. at 509, that when the privilege applies it is absolute. 1813 (citing Doe v. McMillan, 412 U.S. 306, 314, 93 S.Ct. This gated outdoor garden has extended evening hours; staying open until 7 p.m. from April 1 to September 15 each year.Bartholdi Park Taking his assertions in reverse order, such relief is unnecessary to deter future unconstitutional acts by the Executive. See Appellee's Br. The court also acknowledged that the Supreme Court's sensitivities in Gravel, 408 U.S. at 614, 92 S.Ct. 2358RHOB (Appropriations) Additionally, with respect to concern about future actions by the Executive, this is the only time in this Nation's history that the Executive has searched the office of a sitting Member of Congress. 1957; Count 15, Obstruction of Justice, 18 U.S.C. 1813, 44 L.Ed.2d 324 (1975)), the court rejected the view that the testimonial immunity of the Speech or Debate Clause applies only when Members or their aides are personally questioned: Documentary evidence can certainly be as revealing as oral communications-even if only indirectly when, as here, the documents in question do not detail specific congressional actions. [T]he physical search of the Office [was] conducted by Special Agents [with] no substantive role in the investigation of Rep. Jefferson. 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. Presidents are identified in bold. HVC-201 A&B See Appellant's Br. WebThe entrance to the Rayburn House Office Building is on Independence Avenue. Furthermore, [d]epriving the Executive of the power to investigate and prosecute and the Judiciary of the power to punish bribery of Members of Congress is unlikely to enhance legislative independence. Brewster, 408 U.S. at 525 (emphasis added); see id. There is no dispute that the issuance of the search warrant for Rep. Jefferson's congressional office does not violate the Clause. I disagree.6. Washington, D.C. 20515 WebWashington, DC Office. Endemic regions including California, Arizona, and New Mexico are seeing an increase in reported cases of Valley Fever. 2359 RHOB (Appropriations). 3090, 41 L.Ed.2d 1039 (1974); Moody v. IRS, 654 F.2d 795, 799 (D.C.Cir.1981). 1512(c)(1); Count 16, Racketeer Influenced Corrupt Organization, Pattern of Racketeering Activity (RICO), id. 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. 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? 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. To the extent the majority suggests that-if a Member can show disruption of his legislative activities-the government may be required to return non-privileged material to remedy a violation of the Clause, Maj. Op. 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. 5. The majority is incorrect in suggesting that I fail[] to distinguish between the lawfulness of searching a congressional office pursuant to a search warrant and the lawfulness of the manner in which the search is executed. Maj. Op. The majority, in barring Executive Branch execution of a search warrant-and, by extension, other common investigatory tools-based on mere exposure to privileged records, checks the Judicial Branch as well. House Triangle (East Front) (emphasis added). at 660, my colleagues first acknowledge that Brown & Williamson involved civil litigation, id. Indeed, the application accompanying the warrant contemplated it. 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. 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. Three days later, the court remanded the record to the district court to make findings regarding which, if any, documents (physical or electronic) removed from [the] Congressman['s] office pursuant to a search warrant executed on May 20, 2006, are records of legislative acts. Order of July 28, 2006 (Remand Order). Stay up-to-date with how the law affects your life. See Warrant Aff. Room No. at 114. 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. He holds a seat on the Ways and Means Committee and is the current Chairman of the Oversight Subcommittee. [1] Congressional leaders inserted a gymnasium into the building plans, a fact that was not publicly known at the time of construction. Speaker's Office Balcony Hallway 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. Web5 Presidents and 7 major presidential nominees have used rooms in the House Office Buildings at some point in their careers. Phone: (202) 225-2190 Materials determined by the filter team not to be privileged would be turned over to the prosecution team, with copies to the Congressman's attorney within ten business days of the search. The Capitol Subway System, an underground transportation system, connects the building to the Capitol. Washington, D.C. 20515 1813, 44 L.Ed.2d 324 (1975))). See Brown & Williamson, 62 F.3d at 418-19 (citing MINPECO, S.A. v. Conticommodity Servs., Inc., 844 F.2d 856, 857-59 (D.C.Cir.1988)). But, if the United States' legitimate interests can be satisfied even if the property is returned, continued retention of the property would become unreasonable. HVC-210 (Speaker's Hearing Room) To go to Rayburn, you must take the escalator down to the Rayburn sub-basement. 2020 RHOB (Ways and Means Committee) at 663. Brewster, 408 U.S. at 508 (speech or debate privilege was designed to preserve legislative independence, not supremacy) (emphasis added).12, In sum, I believe the Executive Branch's execution of a search warrant on a congressional office-with its unavoidable but minimal exposure to records of legislative acts-does not constitute question[ing] within the meaning of the Speech or Debate Clause.

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