rayburn house office building horseshoe

The cornerstone was laid in May 1962, and full occupancy began in February 1965. 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. This compelled disclosure clearly tends to disrupt the legislative process: exchanges between a Member of Congress and the Member's staff or among Members of Congress on legislative matters may legitimately involve frank or embarrassing statements; the possibility of compelled disclosure may therefore chill the exchange of views with respect to legislative activity. The Supreme Court has made clear that the two elements of the privilege-Speech or Debate and question[ing]-must be read broadly to effectuate its purposes. United States v. Johnson, 383 U.S. 169, 180, 86 S.Ct. 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. 749, 15 L.Ed.2d 681 (1966)-another criminal case-as arising from the use of evidence of a legislative act to support the indictment. The grandson of a cattle rancher and the son of a firefighter, Kevin grew up a working-class family and is committed to preserving and promoting the American dream for hardworking Americans. 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.). Cf. See Gravel, 408 U.S. at 626. Rayburn Horseshoe Entrance. 2172 RHOB (Foreign Affairs Committee) 2318 RHOB (Science, Space and Technology Committee) These services include adaptive tours of the Capitol building, wheelchair loans, and interpreting services for individuals who are deaf or hard of hearing. Rayburn was completed in early 1965 and is home to the offices of 169 representatives. at 13-22; U.S. Const. 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. Phone: (202) 225-4511. of Stanley M. Brand et al. Language links are at the top of the page across from the title. This is an appeal from the denial of a motion, filed pursuant to Rule 41(g) of the Federal Rules of Criminal Procedure, seeking the return of all materials seized by the Executive upon executing a search warrant for non-legislative materials in the congressional office of a sitting Member of Congress. That candor is the animating purpose of the Clause is plain from the historical roots of the privilege. See Brown & Williamson Tobacco Corp. v. Williams, 62 F.3d 408, 420 (D.C.Cir.1995). The court also acknowledged that the Supreme Court's sensitivities in Gravel, 408 U.S. at 614, 92 S.Ct. United States Capitol Police He is also the Lead House Republican on the bicameral Joint Economic Committee, co-chairs the Valley Fever Task Force with Speaker Kevin McCarthy, and is the Republican Co-Chair of the Blockchain Caucus, Telehealth Caucus, Singapore Caucus, and the Caucus on Access to Capital and Credit. If you have any accessibility questions, please call the Office of Congressional Accessibility Services at 202-224-4048. 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. Although the Congressman's further request is solely for the return of property, his Rule 41(g) motion is tied to a criminal prosecution in esse against the movant, DiBella, 369 U.S. at 132, 82 S.Ct. 2614.9 The core activity protected by the Clause-speech in either chamber of the Congress-is a public act. Every Library of Congress visitor must reserve timed-entry passes in order to maintain safe capacity levels in the Thomas Jefferson Building. 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. The U.S. House of Representatives does not control or guarantee the accuracy, relevance, timeliness, or completeness of this third-party information. 7. Given this purpose, we concluded that the Clause permit[s] Congress to insist on the confidentiality of investigative files and therefore barred enforcement of the subpoena. In March 1955, House Speaker Sam Rayburn introduced an amendment for a third House office building, although no site had been identified, no architectural study had been done, and no plans prepared. For detailed information about the many services available and/or questions, please visit https://www.aoc.gov/accessibility-services or contact OCAS at (202) 224-4048 (Voice) or (202) 224-4049 (TTY). 2531, 33 L.Ed.2d 507 (1972), but rather evidence of crimes, see supra pp. 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. The fact that the prosecution has commenced will afford adequate opportunity to challenge the constitutionality of the search of his office, and hence there is now no danger that the [Executive] might retain [the Congressman's] property indefinitely without any opportunity to assert on appeal his right to possession; hence there is no basis upon which to grant piecemeal review of [his further] claim [for non-privileged materials]. United States v. Search Warrant for 405 N. Wabash, Suite 3109, 736 F.2d 1174, 1176 (7th Cir.1984). at 84-85 (electronic records). Rayburn has a five-acre footprint, and looming four stories over the Hill it is larger than the nearby Capitol building. 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. Veterans Crisis Line: Call: 988 (Press 1) Social Media. 1. However, this court has. Brewster, 408 U.S. at 510, 92 S.Ct. 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. These services include adaptive tours of the Capitol building, wheelchair loans, and interpreting services for individuals who are deaf or hard Id. This blocky monolith occupying an entire city square on Washington, D.C.s 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. 2123 RHOB (Energy and Commerce Committee) 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. 2072 *formerly B-366* (House Radio-TV Gallery) See id. (emphasis added). art. Fax: 5. 657-61. Committee on Education and the Workforce. 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. Reliance by the Executive and the district court on Zurcher v. Stanford Daily, 436 U.S. 547, 566-67, 98 S.Ct. 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. 06-3105. 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. I, 6, cl. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 9. See United States v. Nixon, 418 U.S. 683, 703-04, 94 S.Ct. Rayburn is named after former Speaker of the House Sam Rayburn. Office of Congressional Accessibility Services: Office of Congressional Accessibility Services, Web Content Accessibility Guidelines, version 2.1. 1324 LHOB (Natural Resrouces Committee) * The southwest tunnel is currently closed as part of a major 10-year renovation of the Cannon House Office Building. at 419; see also MINPECO, S.A. v. Conticommodity Servs., Inc., 844 F.2d 856, 860 (D.C.Cir.1988). 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. 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. at JA 80. See Warrant Aff. 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. 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. 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). 371; Counts 3 & 4, Solicitation of Bribes by a Public Official, id. 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. Washington, D.C. Today, Congressman and Congressional Valley Fever Task Force Co-Chair Kevin McCarthy, U.S. 390 CHOB (Cannon Caucus Room), Longworth Lobby Stakeout East It appears that neither the Supreme Court nor any inferior court has addressed the question as I view it and the single holding from our court on which the majority almost exclusively relies to answer the question in the negative decides only the Clause's applicability to a civil subpoena obtained by private parties who sought certain files in the possession of a congressional subcommittee. And again the criminal context distinguishes Brown & Williamson's dicta from this case. 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). Rep. Schweikert meets with Dr. Galgiani, Director of the University of Arizona Valley Fever Center for Excellence, and community leaders in Phoenix, Arizona. 749 (Clause protect[s] [the legislature] against possible prosecution by an unfriendly executive and conviction by a hostile judiciary). Here, the warrant sought only fruits, instrumentalities and evidence of violations of various federal bribery and fraud statutes involving Rep. Jefferson,4 see Warrant Aff., reprinted in Joint Appendix (JA) at 7; Sealed Appendix (SA) 18-25, which plainly are outside the bounds of protected legislative activities, see Brewster, 408 U.S. at 526, 92 S.Ct. at 13. Office assignments 1813, 44 L.Ed.2d 324 (1975))). at 44, and therefore the protections of the Clause cannot extend to precluding search warrants, id. According to the brief for the Executive, the Office of the Deputy Attorney General directed an immediate freeze on any review of the seized materials. at 179. Construction activities and surveyor at work. 119 D Street, NE This gated outdoor garden has extended evening hours; staying open until 7 p.m. from April 1 to September 15 each year.Bartholdi Park The gym is below the sub-basement level, in a level of the underground parking garage, and according to The Hill, a newspaper focused on Capitol Hill, "features dozens of cardio machines outfitted with TV screens, an array of Cybex weightlifting machines and free weights. Web2216 Rayburn House Office Building Washington, DC 20515 Phone: 202-225-4151 Fax: 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. 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. See Appellee's Br. The email address cannot be subscribed. We agree with the Ninth Circuit's holding that the 1989 amendment to Rule 41, eliminating the coupling of a motion for the return of property under Rule 41 and a motion to exclude evidence at trial, Fed.R.Crim.P. at 420. The Clause provides that for any Speech or Debate in either House [t]he Senators and Representatives shall not be questioned in any other Place. U.S. Const. The warrant includes special procedures in order to minimize the likelihood that any potentially politically sensitive, non-responsive items in the Office will be seized by identify[ing] information that may fall within the purview of the Speech or Debate Clause or any other pertinent privilege. Warrant Aff. Where the Clause applies its protection is absolute. 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. UNITED STATES v. RAYBURN HOUSE OFFICE BUILDING ROOM 2113 WASHINGTON 20515. The Executive does not argue otherwise; the search warrant sought only materials not protected by the Speech or Debate Clause. 783 (The privilege of legislators to be free from arrest or civil process for what they do or say in legislative proceedings has taproots in the Parliamentary struggles of the Sixteenth and Seventeenth Centuries.). at 37. 310CHOB (Homeland Security Committee) Speaker's Office Balcony Hallway 749, 15 L.Ed.2d 681 (1966). May 20-21, 2006 was the first time a sitting Member's congressional office has been searched by the Executive. 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? 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). It was completed in 1965 and at 2.375 million square feet (220,644 m2) is the largest congressional office building and the newest House office building (the only newer congressional office building is the Hart Senate Office Building, completed in 1982). 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. The question remains what the appropriate remedy is under Rule 41(g) for a violation of the Speech or Debate Clause. at 421. 619, 50 L.Ed.2d 530 (1977)); Ramsden v. United States, 2 F.3d 322, 325 (9th Cir.1993) (agree[ing] with the Fifth, Eighth, and Tenth Circuits that a district court must determine whether a movant will suffer irreparable injury when considering whether to reach the merits of a preindictment Rule 41(e) motion). Services include, but are not limited to, wheelchair loans, sign language interpreting services, and adaptive tours. Further, the court noted, citing Eastland, 421 U.S. at 509, that when the privilege applies it is absolute. 2531; see Fields, 459 F.3d at 9. 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. On this reading of the Clause, Rep. Jefferson remains subject to the same criminal process that applies to his constituents. See generally 15B Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure 3918.4 (2d ed.1992). Opinion concurring in the judgment filed by Circuit Judge HENDERSON. Johnson v. United States, 228 U.S. 457, 458, 33 S.Ct. 8. 1494, 1501, 164 L.Ed.2d 195 (2006) (internal quotation omitted), and, as noted, the Supreme Court has made clear that the Clause does not purport to confer a general exemption upon Members of Congress from criminal process, Gravel, 408 U.S. at 626, 92 S.Ct. The House Galleries are closed when the House is out of session and during all Pro Forma sessions. 367, 92 L.Ed. Applying these principles, we conclude that the Congressman is entitled, as the district court may in the first instance determine pursuant to the Remand Order, to the return of all materials (including copies) that are privileged legislative materials under the Speech or Debate Clause. 2445, 61 L.Ed.2d 30 (1979) (quoting Dombrowski v. Eastland, 387 U.S. 82, 85, 87 S.Ct. 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. at 660, my colleagues first acknowledge that Brown & Williamson involved civil litigation, id. The filter team would determine: (1) whether any of the seized documents were not responsive to the search warrant, and return any such documents to the Congressman; and (2) whether any of the seized documents were subject to the Speech or Debate Clause privilege or other privilege. See In re Search of the Rayburn House Office Bldg. It found no functional difference between compelling a Member to be questioned orally and compelling him to produce documents in response to a subpoena. Our precedent establishes that the testimonial privilege under the Clause extends to non-disclosure of written legislative materials. 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. 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)). It 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. David Schweikert is serving his seventh term in the United States Congress. 1343 and 1346; Count 11, Foreign Corrupt Practices Act, 15 U.S.C. at 37-38. Neoclassical architecture in Washington, D.C. All articles with bare URLs for citations, Articles with bare URLs for citations from March 2022, Articles with PDF format bare URLs for citations, All Wikipedia articles written in American English, Infobox mapframe without OSM relation ID on Wikidata, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 8 September 2022, at 22:26. 2175 RHOB (Education and the Workforce Committee) Gravel, 408 U.S. at 622, 92 S.Ct. at 420. Please be as specific as possible in your description of the problem(s) encountered as well as the location on the website. 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. ), vacated on other grounds, 519 U.S. 1, 117 S.Ct. 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. Rayburn Horseshoe Entrance If you have any difficulty viewing any page with adaptive technology, please contact us so that we can improve this website. 2136 Rayburn House Office Building Washington, DC, 20515-5101 Phone: (202) 225-8050 Website: https://norton.house.gov/ Full map view. HVC-210 (Speaker's Hearing Room) 3405. at 415 (quoting Eastland v. U.S. Servicemen's Fund, 421 U.S. 491, 502, 95 S.Ct. at JA 80-87 (directing search team to seize only records responsive to warrant and to provide potentially privileged records to Rep. Jefferson and to district court to determine privilege vel non); Search Warrant (May 21, 2006), reprinted in JA at 3 (incorporating Warrant Affidavit by reference). The Office of Congressional Accessibility Services (OCAS) provides a variety of services for individuals with disabilities. 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. Id. 783, 95 L.Ed. The historical record utterly devoid of Executive searches of congressional offices suggests the imposition of such a burden will be, at most, infrequent. It also serves as a holding room for visiting officials attending joint sessions of Congress. I, 6, cl. Open 10:00 a.m. 5:00 p.m. daily, including all weekends and holidays.National Garden Fax: (202) 225-2908 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! Maj. Op. In contrast, a search warrant requires that the individual whose property is to be searched do nothing affirmative. Cannon House Office Building - Entrance on New Jersey Avenue, SE, south of the terrace at the intersection with Independence Avenue. See Maj. Op. Capitol Visitor Center - Main entrance at First and East Capitol streets. 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. Visitors wanting to watch the proceedings of the U.S. House of Representatives and U.S. Senate in person should follow the guidance below. Opinion for the Court filed by Circuit Judge ROGERS. Studio C 2154 RHOB (Oversight and Government Reform Committee) Task Force Co-chairs Leader McCarthy and Rep. Schweikert hold press conference to announce NIH trial studying the efficacy of Fluconazole in treating Valley Fever at Banner University Medical Center in Phoenix, Arizona on October 17, 2016. 2. The Capitol complex was sealed off, and staff in the building were told to stay in their offices after the building was put into lockdown by the United States Capitol Police. HVC-215 A&B 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. Although in Gravel the Court held that the Clause embraces a testimonial privilege, id. at 119. at 81 (describing filtering procedures for paper records); id. See Amicus Br. at 26. The U.S. House of Representatives is fully accessible to people with disabilities. 2531 (emphasis added). On July 11, 2006, Congressman Jefferson filed a notice of appeal and a motion for a stay pending appeal. 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. 2020 RHOB (Ways and Means Committee) 2118 RHOB (Armed Services Committee) 1970, 56 L.Ed.2d 525 (1978), is misplaced. Currently, Immuno-Mycologics, Inc. 2059 Rayburn House Office Building 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. Leasing Corp. v. United States, 429 U.S. 338, 359-60, 97 S.Ct. Robert P. Trout argued the cause for appellant. Essentially, the procedures called for the FBI agents conducting the search to have no substantive role in the investigation and upon reviewing and removing materials from Room 2113, not to reveal politically sensitive or non-responsive items inadvertently seen during the course of the search. Id. at JA 79-87. 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. "[2] 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))). 11. 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. 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. We declared that [d]ocumentary evidence can certainly be as revealing as oral communications, providing clues as to what Congress is doing, or might be about to do, id.

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