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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. 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. 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. Art. 2113 (Rayburn), 432 F.Supp.2d 100, 116 (D.D.C.2006) (A federal judge is not a mere rubber stamp in the warrant process, but rather an independent and neutral official sworn to uphold and defend the Constitution.). Senator Martha McSally (R-AZ), Congressman and Congressional Valley Fever Task Force Co-Chair David Schweikert (AZ-06), Congresswoman Karen Bass (CA-37), Congressman Greg Stanton (AZ-09), and U.S. Today, Congressman Kevin McCarthy, Co-Chairman of the Congressional Valley Fever Task Force, introduced H.R. 278 (1908) (quoting King v. Willkes, 2 Wils. Open 10:00 a.m. 5:00 p.m. daily, including all weekends and holidays.National Garden 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. He holds a seat on the Ways and Means Committee and is the current Chairman of the Oversight Subcommittee. It is this aspect of the warrant's execution that Rep. Jefferson claims violated the Clause because it constituted impermissible question[ing] of him. 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. 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. 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. 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. HVC-210 (Speaker's Hearing Room) WebThe Rayburn House Office Building ( RHOB) is a congressional office building for the U.S. Washington, D.C. 20515 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. See United States v. Nixon, 418 U.S. 683, 703-04, 94 S.Ct. 378, 136 L.Ed.2d 1 (1996). HSEMA, on behalf of the USCP, may target specific, nearby neighborhood user groups, such as the Capitol Hill user group, with important information. at 660, my colleagues first acknowledge that Brown & Williamson involved civil litigation, id. See Warrant Aff. 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. at 661. i Believe the question can be directly answered yes without resort to dicta or any other indirect support or theory. Senate Galleries: Two Senate Galleries are now open to the public. If you have any difficulty viewing any page with adaptive technology, please contact us so that we can improve this website. See SA at 54-74. The historical record utterly devoid of Executive searches of congressional offices suggests the imposition of such a burden will be, at most, infrequent. at 616-17 (describing aide as Member's alter ego[]). 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 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. 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. R. Crim. Moreover, as the majority recognizes, see Maj. Op. 2072 *formerly B-366* (House Radio-TV Gallery) 1. 6. (emphasis added). 4. 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. The court ordered expedition of this appeal, id., and oral argument was heard on May 15, 2007. at 45. They include 18 U.S.C. Hart Senate Office Building - Second Street entrance. If the Senate is in session past 4 p.m., one U.S. Capitol Police security screening area will be open in the Capitol Visitor Centers north screening area to accommodate Gallery access. 1310 LHOB (House Administration Committee) 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. 2614.9 The core activity protected by the Clause-speech in either chamber of the Congress-is a public act. Open to the public Monday Friday, 7:30 a.m. 8:00 p.m. (Doors close at 6:30 p.m. when Senate is in recess). [4] The raid led to members of both parties questioning the constitutionality of the action,[5] and a subsequent hearing by the House Judiciary Committee. 1324 LHOB (Natural Resrouces Committee) Technical Standards for Web-based Intranet and Internet Information and Applications (. 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. at 660, in Brown & Williamson we relied heavily on the Clause's purpose-shielding the legislative process from disruption-in reading the Clause's prohibition of question[ing] broadly to protect the confidentiality, see Brown & Williamson, 62 F.3d at 417-21, of records from the reach of a civil subpoena. See Letter from Roy W. McLeese III, Assistant United States Attorney, to Mark J. Langer, Clerk (June 7, 2007); Letter from Robert P. Trout, Esquire, to Mark J. Langer, Clerk (June 11, 2007). If you have any accessibility questions, please call the Office of Congressional Accessibility Services at 202-224-4048. 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. The Executive does not argue otherwise; the search warrant sought only materials not protected by the Speech or Debate Clause. The property owner is not required to respond either orally or by physically producing the property, including records. * [1] Congressional leaders inserted a gymnasium into the building plans, a fact that was not publicly known at the time of construction. at 420. 1425, 18 L.Ed.2d 577 (1967)); see also Johnson, 383 U.S. at 179, 86 S.Ct. As such, if the touchstone is interference with legislative activities, then the nature of the use to which documents will be put-testimonial or evidentiary-is immaterial. Id. See id. See infra pp. See generally 15B Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure 3918.4 (2d ed.1992). Washington, DC 20515 Kevin was first elected to Congress in 2006 and is a native of Bakersfield and a fourth-generation Kern County resident. "[2] Washington, DC 20515 Phone: (202) 225-5301 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. 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. The FBI agents reviewed every paper record and copied the hard drives on all of the computers and electronic data stored on other media in Room 2113. If you have any questions, feel free to email us. Id. at 660, amounts to prohibited question[ing] because the Clause embodies a broad non-disclosure privilege, Maj. Op. There is no dispute that the issuance of the search warrant for Rep. Jefferson's congressional office does not violate 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. The United States Capitol Police has a strong partnership with DCs Homeland Security and Emergency Management Agency (HSEMA). On June 4, 2007, the grand jury returned a sixteen-count indictment against Congressman Jefferson in the Eastern District of Virginia. 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. 1100 LHOB (Ways and Means Committee) CVC-217 (South Congressional Meeting Room) Unlike the Brown & Williamson dicta, Gravel's discussion of the Clause's applicability to Members should direct our analysis. 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. 2322 Rayburn House Office Building The Subcommittee on Innovation, Data, and Commerce of the Committee on Energy and Commerce held an open markup session on Tuesday, February 7, 2023, at 2:00 p.m. 511, 127 S.Ct. 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). Johnson, 383 U.S. at 178, 86 S.Ct. See id. Statuary Hall When all of the brush is cleared away, this case presents a simple question: can Executive Branch personnel-here, special agents of the Federal Bureau of Investigation-execute a search warrant directed to the congressional office of a Member of the Congress (Member) without doing violence to the Speech or Debate Clause (Clause) set forth in Article I, Section 6, Clause 1 of the United States Constitution? Johnson v. United States, 228 U.S. 457, 458, 33 S.Ct. 2531, 33 L.Ed.2d 507 (1972). 1343, 1346 and 1349 (wire fraud and deprivation of honest services), 15 U.S.C. 201(b)(2)(A); Counts 5 to 10, Scheme to Deprive Citizens of Honest Services by Wire Fraud, id. 367, 92 L.Ed. Kevin McCarthy proudly serves Californias 20th district and is serving as the 55th Speaker of the U.S. House of Representatives. 2. 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). 2018, 2020, 167 L.Ed.2d 898 (2007); Johnson, 383 U.S. at 185 (With all references to [legislative material] eliminated [from the indictment], we think the Government should not be precluded from a new trial on this count, thus wholly purged of elements offensive to the Speech or Debate Clause.). 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. 2359 Rayburn House Office Building, Washington, DC 20515 Organizational Meeting for the 118th Congress Watch on Fiscal Year 2023 United States Navy and Marine Corps Budget Wed, 05/18/2022 - 10:00am 2362-A Rayburn House Office Building, Washington, DC 20515 Fiscal Year 2023 Budget Request for the Department of It also serves as a holding room for visiting officials attending joint sessions of Congress. 06-3105 (D.C.Cir. 654; it is of no moment that the indictment was filed in another district, id. The court also acknowledged that the Supreme Court's sensitivities in Gravel, 408 U.S. at 614, 92 S.Ct. I disagree.6. The district court denied a stay on July 19, 2006. See 62 F.3d at 419. Speaker's Office Balcony Hallway 436 (1948), and, upon that official's finding of probable cause, the warrant authorizes Government officers to seize evidence without requiring enforcement through the courts, United States v. Miller, 425 U.S. 435, 446 n. 8, 96 S.Ct. Cf. 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. I, 6, cl. Currently, Immuno-Mycologics, Inc. 2059 Rayburn House Office Building 2614. Studio A Elm Tree Site (East Front) 10. 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. 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. Although the Supreme Court in Weatherford v. Bursey, 429 U.S. 545, 558, 97 S.Ct. Please visit https://www.loc.gov/visit for more information on visiting the Library of Congress. Such a rule would also presumably apply to surveillance of a Member or staffer who might discuss legislative matters with another Member or staffer. Id. Our district encompasses most of Seattle 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. 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. Materials determined to be privileged or not responsive would be returned without dissemination to the prosecution team. 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. 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. In contrast, a search warrant requires that the individual whose property is to be searched do nothing affirmative. Indeed, the application accompanying the warrant contemplated it. As a result of the 2002 Amendments, Rule 41(e) now appears with minor stylistic changes as Rule 41(g). Washington, D.C. 20515 See Appellee's Br. 12. Id. 2614, 33 L.Ed.2d 583 (1972) (emphasis added). With him on the briefs were Amy Berman Jackson and Gloria B. Solomon. 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. See Rayburn, 432 F.Supp.2d at 111-12. This blocky monolith occupying an entire city square on Washington, D.C.s at 1. 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. 2531. 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. Given the Department of Justice's voluntary freeze of its review of the seized materials and the procedures mandated on remand by this court in granting the Congressman's motion for emergency relief pending appeal, the imaging and keyword search of the Congressman's computer hard drives and electronic media exposed no legislative material to the Executive, and therefore did not violate the Speech or Debate Clause, but the review of the Congressman's paper files when the search was executed exposed legislative material to the Executive and accordingly violated the Clause. 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. 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. When the Senate is not in session, the two Senate Galleries will be open from 8:30 a.m. to 4:00 p.m., Monday Friday, with the exception of Federal holidays. 11. at 419, the court concluded that document production threatened to distract the two Members from their legislative duties, see id. United States v. Jefferson, No. 749, 15 L.Ed.2d 681 (1966), and was to serve as a protection against possible prosecution by an unfriendly executive and conviction by a hostile judiciary, id.

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