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All rights reserved. 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. 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- Rayburn House Office Building - Main entrance, horseshoe drive off South Capitol Street. at 660, the government expressly argues that [t]he execution of a search warrant is far removed from the core concerns animating the Clause, Appellee's Br. 3405. The historical record utterly devoid of Executive searches of congressional offices suggests the imposition of such a burden will be, at most, infrequent. Center Steps Hallway Area See id. 1019 (1951), and [t]aking a bribe is, obviously, no part of the legislative process or function; it is not a legislative act, Brewster, 408 U.S. at 526, 92 S.Ct. 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. [3], On May 20, 2006 FBI agents raided the Rayburn Building office of Democratic Congressman William J. Jefferson in connection to an ongoing bribery investigation, marking the first time the FBI had raided the office of a sitting congressman. Rayburn has a five-acre footprint, and looming four stories over the Hill it is larger than the nearby Capitol building. Web2229 Rayburn House Office Building. 657-58. at 419; see also MINPECO, S.A. v. Conticommodity Servs., Inc., 844 F.2d 856, 860 (D.C.Cir.1988). 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. Art. Hart Senate Office Building - Second Street entrance. 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. 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. Beginning with the observation that the prohibition in the Speech or Debate Clause is deceptively simple, this court held in Brown & Williamson, 62 F.3d at 415, that the Clause includes a non-disclosure privilege, id. of Hr'g, June 16, 2006, at 35; see Appellant's Br. 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. Copyright 2023, Thomson Reuters. Id. These services include adaptive tours of the Capitol building, wheelchair loans, and interpreting services for individuals who are deaf or hard 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. 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. 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. 1957; Count 15, Obstruction of Justice, 18 U.S.C. denied, Office of Sen. Mark Dayton v. Hanson, 550U.S. 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. 3405, 82 L.Ed.2d 677 (1984), is relevant to the extent the Congressman invokes deterrence as a rationale for the remedy he seeks under Rule 41(g). 2123 RHOB (Energy and Commerce Committee) 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. WebIf you are looking for our District Office contact information, you can view our Offices page. Currently, Immuno-Mycologics, Inc. 2059 Rayburn House Office Building See 62 F.3d at 419. 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. On this reading of the Clause, Rep. Jefferson remains subject to the same criminal process that applies to his constituents. at 659. 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. 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. HVC SL Hallway (House IntelCommittee Stakeout Area) Washington, DC 20515. Va. indictment filed June 4, 2007). The United States Capitol Police has a strong partnership with DCs Homeland Security and Emergency Management Agency (HSEMA). Office assignments 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. Const., art. Open 10:00 a.m. 5:00 p.m. daily, including all weekends and holidays.National Garden See infra pp. WebThe Rayburn House Office Building ( RHOB) is a congressional office building for the U.S. Id. 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. at 660, again begs the question whether Brown & Williamson's non-disclosure rule applies to criminal matters at all. The Rayburn Room is a large reception room at the United States Capitol where members of Congress can meet with press or constituents. See Order of July 25, 2006. But, if the United States' legitimate interests can be satisfied even if the property is returned, continued retention of the property would become unreasonable. 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. 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. 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. 78dd-2(a); Counts 12-14, Money Laundering, 18 U.S.C. 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. Kevin McCarthy proudly serves Californias 20th district and is serving as the 55th Speaker of the U.S. House of Representatives. The cornerstone was laid in May 1962, and full occupancy began in February 1965. In re Search of Rayburn House Ofice Bldg. at 45. Pedestrian tunnels also connect the Rayburn building to the Capitol and to the Longworth House Office Building. 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. 2358RHOB (Appropriations) Moreover, as the majority recognizes, see Maj. Op. This content is provided for the users convenience and is consistent with the stated purpose of this website. Office of Congressional Accessibility Services: Office of Congressional Accessibility Services, Web Content Accessibility Guidelines, version 2.1. 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. 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. at 36. 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. at 420, and thereby potentially defeating the Clause's purpose to insulate Members of Congress from distractions that divert their time, energy, and attention from their legislative tasks, id. See Brewster, 408 U.S. at 516, 92 S.Ct. at 37-38. See id. However, this court has. 137-38. There would appear to be no reason why the Congressman's privilege under the Speech or Debate Clause cannot be asserted at the outset of a search in a manner that also protects the interests of the Executive in law enforcement. House Committee on Science, Space, and Technology Republicans 2321 Rayburn House Office Building Washington, DC 20515 Phone: 202-225-6371 Fax: 202-226-0113 This chill runs counter to the Clause's purpose of protecting against disruption of the legislative process. 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). 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) In the meantime, the court enjoined the Executive from reviewing any of the seized documents pending further order of this court. Washington, D.C. Today, Congressman and Congressional Valley Fever Task Force Co-Chair Kevin McCarthy, U.S. Noting that the purpose of the Speech or Debate Clause is to insure that the legislative function the Constitution allocates to Congress may be performed independently, without regard to the distractions of private civil litigation or the periods of criminal prosecution, id. Brown & Williamson's non-disclosure rule, however, does not extend to criminal process. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Complete Directory . Such additional sums eventually exceeded $99 million. 6. WebThe Rayburn House Office Building, completed in early 1965, is the third of three office Please vist Alert DC at alert.dc.gov to sign up. 5. 378, 136 L.Ed.2d 1 (1996). at 512, 92 S.Ct. On May 18, 2006, the Department of Justice filed an application for a search warrant for Room 2113 of the Rayburn House Office Building, the congressional office of Congressman William J. Jefferson. These services include adaptive tours of the Capitol building, wheelchair loans, and interpreting services for individuals who are deaf or hard of hearing. 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. If you are having a problem accessing this website please let us know and we will work to ensure accessibility. And again the criminal context distinguishes Brown & Williamson's dicta from this case. 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. There are a variety of services available to people visiting the Capitol and to those visiting online. 1425, 18 L.Ed.2d 577 (1967)); see also Johnson, 383 U.S. at 179, 86 S.Ct. 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. It found no functional difference between compelling a Member to be questioned orally and compelling him to produce documents in response to a subpoena. This blocky monolith occupying an entire city square on Washington, D.C.s The question remains what the appropriate remedy is under Rule 41(g) for a violation of the Speech or Debate Clause. 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. HVC-215 A&B Brown & Williamson, 62 F.3d at 416. Finally, the government repeatedly emphasizes the consequences for law enforcement if a non-disclosure rule is recognized in the criminal context. HVC-201 A&B The Supreme Court has instructed that the Clause is to be applied in such a way as to insure the independence of the legislature without altering the historic balance of the three co-equal branches of Government. Brewster, 408 U.S. at 508, 92 S.Ct. 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. of Stanley M. Brand et al. 654; see, e.g., In re 3021 6th Ave. N., 237 F.3d at 1041. He holds a seat on the Ways and Means Committee and is the current Chairman of the Oversight Subcommittee. 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. That candor is the animating purpose of the Clause is plain from the historical roots of the privilege. The indictment included charges of racketeering, solicitation of (and conspiracy to solicit) bribes, money laundering, wire fraud, and obstruction of justice.1 Trial is scheduled to begin with jury selection in January 2008. Attachments A and B, respectively, described Room 2113 and the non-legislative evidence to be seized. Johnson v. United States, 228 U.S. 457, 458, 33 S.Ct. 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. Remand Order of July 28, 2007. 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 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). 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. 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!
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