1425, 18 L.Ed.2d 577 (1967)); see also Johnson, 383 U.S. at 179, 86 S.Ct. 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. 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. 1. 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. Rayburn Horseshoe Entrance The property owner is not required to respond either orally or by physically producing the property, including records. Contact | Armed Services Republicans It found no functional difference between compelling a Member to be questioned orally and compelling him to produce documents in response to a subpoena. Opinion concurring in the judgment filed by Circuit Judge HENDERSON. Id. 62 F.3d at 419-20 (distinguishing Gravel's criminal context from civil subpoena). Some parts of the lockdown were removed, though other areas remained sealed. 371; Counts 3 & 4, Solicitation of Bribes by a Public Official, id. Speaker's Office Balcony Hallway Cannon House Office Building - Entrance on New Jersey Avenue, SE, south of the terrace at the intersection with Independence Avenue. David Schweikert is serving his seventh term in the United States Congress. 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. 371; Count 2, Conspiracy to Solicit Bribes by a Public Official, Deprive Citizens of Honest Services by Wire Fraud, id. 5. The Office of Congressional Accessibility Services (OCAS) provides a variety of services for individuals with disabilities. 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. 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 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). at 418 (italics omitted), the court held that [a] party is no more entitled to compel congressional testimony-or production of documents-than it is to sue congressmen, id. Rayburn was completed in early 1965 and is home to the offices of 169 representatives. House Committee on Science, Space, and Technology Republicans 2321 Rayburn House Office Building Washington, DC 20515 Phone: 202-225-6371 Fax: 202-226-0113 Cf. at 660, my colleagues first acknowledge that Brown & Williamson involved civil litigation, id. 06-3105 (D.C.Cir. 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. at 421 (quoting MINPECO, 844 F.2d at 859 (quoting Eastland v. U.S. Servicemen's Fund, 421 U.S. 491, 503, 95 S.Ct. 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. The Filter Teams consisted of FBI agents with no prior role or connection to the investigation of Rep. Jefferson and whose roles in the investigation [were] confined to review [ing] the records seized from the Office to validate that they are responsive to the list contained in the warrant. Representatives | house.gov Hours: M-F 9:00am-6:00pm. 139. 2020 RHOB (Ways and Means Committee) The email address cannot be subscribed. 2531 (emphasis added). 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. 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. On this reading of the Clause, Rep. Jefferson remains subject to the same criminal process that applies to his constituents. 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. 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. Indeed, this unique moment in our nation's history is largely of the Representative's own making. 3. Still, the Congressman makes no claim in his brief, much less any showing, that the functioning of his office has been disrupted as a result of not having possession of the original versions of the non-privileged seized materials. Subsequently, the court allowed the Executive to review seized materials that the Congressman has conceded on remand are not privileged under the Speech or Debate Clause. Order of Nov. 14, 2006. 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. At trial Rep. Jefferson may assert Speech or Debate Clause immunity to bar the use of records he claims are privileged. Dirksen Senate Office Building - First Street and C Street entrance. Every Library of Congress visitor must reserve timed-entry passes in order to maintain safe capacity levels in the Thomas Jefferson Building. Receiving certain United States Capitol Police Messages through Alert DC Brown & Williamson's non-disclosure rule, however, does not extend to criminal process. H-217 (Speaker's Ceremonial Office) 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. * 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). 310CHOB (Homeland Security Committee) at 528. United States v. Albinson, 356 F.3d 278, 279 n. 1 (3d Cir.2004). On June 4, 2007, the grand jury returned a sixteen-count indictment against Congressman Jefferson in the Eastern District of Virginia. 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. 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 512, 92 S.Ct. 2059 Rayburn House Office Building Washington, D.C. 20515 Although in Gravel the Court held that the Clause embraces a testimonial privilege, id. 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. 837, 51 L.Ed.2d 30 (1977), distinguished between the receipt of privileged information by an agent of the Executive and by the prosecution team in the context of a civil rights claim based on a Sixth Amendment violation, the nature of the considerations presented by a violation of the Speech or Debate Clause is different. Gravel, 408 U.S. at 622, 92 S.Ct. Will Rogers Statue Area 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. 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. 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. These services include adaptive tours of the Capitol building, wheelchair loans, and interpreting services for individuals who are deaf or hard of hearing. Rep. Schweikert meets with Dr. Galgiani, Director of the University of Arizona Valley Fever Center for Excellence, and community leaders in Phoenix, Arizona. at 10. HVC-201 A&B Materials determined to be privileged or not responsive would be returned without dissemination to the prosecution team. There, the Supreme Court rejected the argument that the First Amendment imposed a bar to third-party search warrants absent a prior opportunity by the press to litigate the state's entitlement to the material before it is turned over or seized. 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. Id. Office of Congressional Accessibility Services: Office of Congressional Accessibility Services, Web Content Accessibility Guidelines, version 2.1. Likewise, my colleagues' notion that Brown & Williamson applies to criminal matters because the Clause's bar on compelled disclosure is absolute, id. 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. See Warrant Aff. H-137 Hallway Rayburn House Office Building - Main entrance, horseshoe drive off South Capitol Street. This markup took place in 2322 of the Rayburn House Office Building. 1343, 1346 and 1349 (wire fraud and deprivation of honest services), 15 U.S.C. Today, Congressman McCarthy, as Co-Chair of the Congressional Valley Fever Task Force, along with 16 of his colleagues in the House, sent a letter to National Institutes of Health (NIH) Director Francis Collins in support of grant funding to help move a Valley Fever diagnostic tool into primary care settings, such as the family doctors office. Id. 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. at 47. The court also acknowledged that the Supreme Court's sensitivities in Gravel, 408 U.S. at 614, 92 S.Ct. Studio C See infra pp. The court ordered expedition of this appeal, id., and oral argument was heard on May 15, 2007. Neither does the Congressman maintain that the Speech or Debate Clause protects unprivileged evidence of unprivileged criminal conduct.
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