3. 1962(c). of Stanley M. Brand et al. Const., art. 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. Business Meetings 2614, to the existence of criminal proceedings against persons other than Members of Congress at least suggest that the testimonial privilege might be less stringently applied when inconsistent with a sovereign interest. Brown & Williamson, 62 F.3d at 419-20. 2445, 61 L.Ed.2d 30 (1979) (quoting Dombrowski v. Eastland, 387 U.S. 82, 85, 87 S.Ct. See Brown & Williamson Tobacco Corp. v. Williams, 62 F.3d 408, 420 (D.C.Cir.1995). Sam Rayburn History: Mr. Speaker and The property owner is not required to respond either orally or by physically producing the property, including records. The question of whether the seized evidence must be suppressed under the Fourth Amendment is not before us. 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. 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. 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. To receive these alerts while visiting Capitol Hill, visitors may sign up for Alert DC to receive USCP alerts provided to HSEMA. Room No. 1425, 18 L.Ed.2d 577 (1967)); see also Johnson, 383 U.S. at 179, 86 S.Ct. Reliance by the Executive and the district court on Zurcher v. Stanford Daily, 436 U.S. 547, 566-67, 98 S.Ct. 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. Steak n Shake is located adjacent to the Rayburn Cafeteria. And it is, of course, the judiciary, not the executive or legislature, that delineates the scope of the privilege. While the Executive characterizes what occurred as the incidental review of arguably protected legislative materials, Appellee's Br. The court instructed the district court to: (1) copy and provide the copies of all the seized documents to the Congressman; (2) using the copies of computer files made by [the Executive], search for the terms listed in the warrant, and provide a list of responsive records to Congressman Jefferson; (3) provide the Congressman an opportunity to review the records and, within two days, to submit, ex parte, any claims that specific documents are legislative in nature; and (4) review in camera any specific documents or records identified as legislative and make findings regarding whether the specific documents or records are legislative in nature. Remand Order at 1. at 420. WASHINGTON, DC Today, Co-Chairs of the Congressional Valley Fever Task Force David Schweikert (AZ-06) and Kevin McCarthy (CA-23) joined in celebrating Valley Fever Awareness Week in Arizona. denied, Office of Sen. Mark Dayton v. Hanson, 550U.S. Clearly a remedy in this case must show particular respect to the fact that the Speech or Debate Clause reinforces the separation of powers and protects legislative independence. Fields v. Office of Eddie Bernice Johnson, 459 F.3d 1, 8 (D.C.Cir.2006) (en banc) (collecting cases). 06-3105 (D.C.Cir. 2141 RHOB (Judiciary Committee) This content is provided for the users convenience and is consistent with the stated purpose of this website. 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. At trial Rep. Jefferson may assert Speech or Debate Clause immunity to bar the use of records he claims are privileged. 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. at 119. 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. 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). U.S. Const. 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. Rayburn has a five-acre footprint, and looming four stories over the Hill it is larger than the nearby Capitol building. 6. 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. Capitol Visitor Center - Main entrance at First and East Capitol streets. See 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. Finally, the government repeatedly emphasizes the consequences for law enforcement if a non-disclosure rule is recognized in the criminal context. They will open 30 minutes prior to the session and will remain open until adjournment each day. If you are having a problem accessing this website please let us know and we will work to ensure accessibility. 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. 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. The Office of Congressional Accessibility Services(link is external)(OCAS) provides a variety of services for individuals with disabilities. Fields v. Office of Eddie Bernice Johnson, 459 F.3d 1, 13-16 (D.C.Cir.2006) (affirming denial of Member's motion to dismiss on Speech or Debate Clause ground but noting that even [w]hen the Clause does not preclude suit altogether, it may preclude some relevant evidence) (en banc), cert. The Galleries will open 30 minutes prior to the beginning of the session. Rayburn House Office Building 12. 2614. He holds a seat on the Ways and Means Committee and is the current Chairman of the Oversight Subcommittee. See infra pp. at 528. See Brown & Williamson Tobacco Corp. v. Williams, 62 F.3d 408 (D.C.Cir.1995) (Clause barred enforcement of subpoenas duces tecum issued to two members of House Subcommittee on Health and Environment); Maj. Op. 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.. 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). 13. House Committee 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. HVC SL Hallway (House IntelCommittee Stakeout Area) ", "Appeals Court: Raid on Jefferson's Office Violated Constitution", General George Washington Resigning His Commission, First Reading of the Emancipation Proclamation of President Lincoln, Scene at the Signing of the Constitution of the United States, George Washington and the Revolutionary War Door, Westward the Course of Empire Takes Its Way, Emergency Planning, Preparedness, and Operations, https://en.wikipedia.org/w/index.php?title=Rayburn_House_Office_Building&oldid=1109268358. Rayburn House Office Building The chart below shows the rooms used by Presidents and nominees whose careers included House service after 1908, when the first House office building opened. 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. It also serves as a holding room for visiting officials attending joint sessions of Congress. 2531 (emphasis added). Any questions should be directed to the administrators of this or any other specific sites. There is no indication that the Executive did not act based on a good faith interpretation of the law, as reflected in the district court's prior approval and later defense of the special procedures set forth in the warrant affidavit. at 419, the court concluded that document production threatened to distract the two Members from their legislative duties, see id. 2200 RHOB (Foreign Affairs Committee) The Thomas Jefferson Building is open to visitors Tuesday through Saturday from 10:00 a.m. to 5:00 p.m. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Art. at JA 80. 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. Navigating Capitol Hill That candor is the animating purpose of the Clause is plain from the historical roots of the privilege. 2020 RHOB (Ways and Means Committee) Markups | Democrats, Energy and Commerce Committee The entrance to the Rayburn House Office Building is on See 62 F.3d at 419. 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. Web2229 Rayburn House Office Building. 1. * Va. indictment filed June 4, 2007). HVC-201 A&B 1334 LHOB, Rayburn Foyer No. 2322 RHOB (Energy and Commerce Committee) 78dd-1 et seq. 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. By the time of the Constitutional Convention, the privilege embodied in the Speech or Debate Clause was recognized as an important protection of the independence and integrity of the legislature, United States v. Johnson, 383 U.S. 169, 178, 86 S.Ct. 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. Our precedent establishes that the testimonial privilege under the Clause extends to non-disclosure of written legislative materials. 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. I, 6, cl. See Order of July 25, 2006. 511, 127 S.Ct. See SA at 54-74. FindLaw 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. Room No. 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. at 420. 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. 4. Center Steps Hallway Area Rayburn House Office Building | Architect of the Capitol Currently, Immuno-Mycologics, Inc. 2059 Rayburn House Office Building Washington, D.C. Today, Congressman and Congressional Valley Fever Task Force Co-Chair Kevin McCarthy, U.S. WebCONTACT: 2329 Rayburn House Office Building, Washington DC 20515-1302, COMMITTEE: Committee on Energy and Commerce. Disruption aside, it is well settled that a Member is subject to criminal prosecution and process. UNITED STATES of America, Appellee v. RAYBURN HOUSE OFFICE BUILDING, ROOM 2113, WASHINGTON, D.C. 20515, Appellant. at 421. 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. 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? See Warrant Aff. Accessibility | house.gov 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. The U.S. Capitol is open to the public for tours Monday Saturday from 8:30 a.m. 4:30 p.m. Representatives | house.gov 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. The cornerstone was laid in May 1962, and full occupancy began in February 1965. 2172 RHOB (Foreign Affairs Committee) Visitors with official business appointments may enter the U.S. Capitol Visitor Center beginning at 7:15 a.m. House Office Buildings (Cannon, Ford, Longworth, Rayburn) HVC-210 (Speaker's Hearing Room) Compare Amicus Br. Endemic regions including California, Arizona, and New Mexico are seeing an increase in reported cases of Valley Fever. See United States v. Rostenkowski, 59 F.3d 1291, 1296-1300 (D.C.Cir.1995). Brown & Williamson's non-disclosure rule, however, does not extend to criminal process. 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. 1324 LHOB (Natural Resrouces Committee) Further, as contemplated by the warrant affidavit, see Thibault Aff. WebWashington, DC Office. 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. But, if the United States' legitimate interests can be satisfied even if the property is returned, continued retention of the property would become unreasonable. 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. 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. at 81 (describing filtering procedures for paper records); id. 2267 Rayburn House Office Building Washington, DC, 20515-5201 Phone: (202) 225-2646 Website: https://sablan.house.gov/ Full map view. In re Search of Rayburn House Ofice Bldg. 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. 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. at 660. 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. Hart Senate Office Building - Second Street entrance. Although the Supreme Court in Weatherford v. Bursey, 429 U.S. 545, 558, 97 S.Ct. 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. The district court denied a stay on July 19, 2006. The Rayburn House Office Building (RHOB) is a congressional office building for the U.S. House of Representatives in the Capitol Hill neighborhood of Washington, D.C., between South Capitol Street and First Street. at 44, and therefore the protections of the Clause cannot extend to precluding search warrants, id. In order to maximize accessibility, this site has been designed to conform with: House.gov includes code and content provided by third parties. 572, 57 L.Ed. 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). 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.