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See Warrant Aff. 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. Washington, DC 20515 Phone: (202) 225-5301 The Galleries will open 30 minutes prior to the beginning of the session. Building Access & Hours | United States Capitol Police 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. As [d]iscovery procedures can prove just as intrusive as naming Members or their staffs as parties to a suit, id. 511, 127 S.Ct. Neither does the Congressman maintain that the Speech or Debate Clause protects unprivileged evidence of unprivileged criminal conduct. Cf. Committee on Oversight and Accountability. Visit https://www.usbg.govfor more information about visiting the U.S. Botanic Garden. Id. The considerations voiced by our concurring colleague and the district court may demonstrate good faith by the Executive, but they fail to adhere to this court's interpretation of the scope of the testimonial privilege under the Speech or Debate Clause, much less to the Supreme Court's interpretation of what constitutes core legislative activities, see Brewster, 408 U.S. at 526, and the history of the Clause. at 15, it does not deny that compelled review by the Executive occurred, nor that it occurred in a location where legislative materials were inevitably to be found, nor that some impairment of legislative deliberations occurred. at 660, amounts to prohibited question[ing] because the Clause embodies a broad non-disclosure privilege, Maj. Op. Web2312 Rayburn House Office Building Washington, DC 20515 Phone: (202) 225-8220 Long Beach Office 4201 Long Beach Blvd, Suite 422 Long Beach, CA 90807 Phone: (310) 831-1799 South Gate City Hall Office 8650 California Ave South Gate, CA 90280 Phone: (310) 831-1799 Carson City Hall Office 701 E. Carson St Carson, CA 90745 Phone: (310) 831-1799 2237 RHOB (Judiciary Committee) 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. Contact us. 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. at 421. 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. With him on the briefs were Amy Berman Jackson and Gloria B. Solomon. at 420-21. The Office of Congressional Accessibility Services (OCAS) provides a variety of services for individuals with disabilities. Conservatory 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. Accordingly, while I concur in the judgment which affirms the district court's denial of Representative William J. Jefferson's (Rep.Jefferson) Rule 41(g) motion, I do not agree with the majority's reasoning and distance myself from much of its dicta. The Rayburn Room is a large reception room at the United States Capitol where members of Congress can meet with press or constituents. Fax: (202) 225-0096, 2421 Rayburn House Office Building Accessibility | house.gov 5. Veterans Crisis Line: Call: 988 (Press 1) Social Media. The public entrance to the U.S. Capitol is through the U.S. Capitol Visitor Center. 2. 783, 95 L.Ed. Fax: (202) 225-2908 On July 11, 2006, Congressman Jefferson filed a notice of appeal and a motion for a stay pending appeal. Currently, Immuno-Mycologics, Inc. 2059 Rayburn House Office Building RAYBURN HOUSE OFFICE BUILDING, ROOM 2113, WASHINGTON, D.C. 20515, Appellant. See United States v. Dorcely, 454 F.3d 366, 375 (D.C.Cir.2006) (carefully considered language of the Supreme Court, even if technically dictum, generally must be treated as authoritative (quoting Sierra Club v. EPA, 322 F.3d 718, 724 (D.C.Cir.2003))). at 419, the court concluded that document production threatened to distract the two Members from their legislative duties, see id. Room No. Washington, DC 20515 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. Moreover, Rep. Jefferson's proposed method of warrant execution-first sealing his office and allowing him to separate privileged from non-privileged records-effectively eliminates the distinction between a search warrant and a subpoena. According to Brewster, a Member of Congress may be prosecuted under a criminal statute provided that the Government's case does not rely on legislative acts or the motivation for legislative acts. Id. This particular search needlessly disrupted the functioning of the Congressman's office by allowing agents of the Executive to view legislative materials without the Congressman's consent, even though a search of a congressional office is not prohibited per se. With respect, I believe they vastly over-read Brown & Williamson. at 420. 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 Please be as specific as possible in your description of the problem(s) encountered as well as the location on the website. 12. 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.. 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. at 661. i Believe the question can be directly answered yes without resort to dicta or any other indirect support or theory. [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. If the testimonial privilege under the Clause is absolute and there is no distinction between oral and written materials within the legislative sphere, then the non-disclosure privilege for written materials described in Brown & Williamson, 62 F.3d at 421, is also absolute, and thus admits of no balancing, cf. 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. Warrant Aff. Washington, D.C. Today, Congressman and Congressional Valley Fever Task Force Co-Chair Kevin McCarthy, U.S. 749, 15 L.Ed.2d 681 (1966). 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. 13. Language links are at the top of the page across from the title. 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. Accordingly, we hold that the Congressman is entitled to the return of all legislative materials (originals and copies) that are protected by the Speech or Debate Clause seized from Rayburn House Office Building Room 2113 on May 20-21, 2006. Moreover, the FBI agents responsible for the search of Rep. Jefferson's congressional office went to great lengths to minimize disruption8 by, inter alia, executing the warrant when the Congress was not meeting, imaging computer hard drives rather than searching the computers, using specific search terms for both paper and electronic records and, most important, creating Filter Teams-one for paper records and one for electronic records-and ensuring subsequent in camera judicial review to minimize exposure to privileged records. I, 6, cl. 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. Will Rogers Statue Area 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. 2531, 33 L.Ed.2d 507 (1972) (emphasis added). See Amicus Br. 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. 371; Counts 3 & 4, Solicitation of Bribes by a Public Official, id. 62 F.3d at 419-20 (distinguishing Gravel's criminal context from civil subpoena). His proposal would resurrect his Fifth Amendment right because presumably he would respond as he did to the subpoena duces tecum. 1813, 44 L.Ed.2d 324 (1975))). The search of Congressman Jefferson's office must have resulted in the disclosure of legislative materials to agents of the Executive. WebIf you are looking for our District Office contact information, you can view our Offices page.

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