at 15-16, and that any violation of the privilege does not deprive the Executive of the right to retain all non-privileged materials within the scope of the search warrant. Brown & Williamson, 62 F.3d at 416. Opinion concurring in the judgment filed by Circuit Judge HENDERSON. Answering a civil subpoena requires the individual subpoenaed to affirmatively act; he either produces the testimony/documents sought or challenges the subpoena's validity. House Committee on Science, Space, and Technology Republicans 2321 Rayburn House Office Building Washington, DC 20515 Phone: 202-225-6371 Fax: 202-226-0113 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. Noting that the Speech or Debate privilege is not designed to protect the reputations of congressmen but rather the functioning of Congress, id. Stay up-to-date with how the law affects your life. 2020 RHOB (Ways and Means Committee) "[2] That does not mean that the Executive Branch is without power to execute such a warrant; it just as likely indicates that never before has the Executive Branch found its use necessary. 654; it is of no moment that the indictment was filed in another district, id. Execution of the warrant necessarily required the FBI agents to separate unprivileged responsive records from privileged records of legislative acts. 2113, Washington, D.C. 20515, 434 F.Supp.2d 3 (D.D.C.2006). Rayburn Horseshoe Entrance at JA 79; see also id. See United States v. Rayburn House Office Bldg., Room 2113, No. How that accommodation is to be achieved is best determined by the legislative and executive branches in the first instance.5 ALTHOUGH THE COURT has acknowledged, where it is not a member who is subject to criminal proceedings, that the privilege might be less stringently applied when inconsistent with a sovereign interest, see Brown & Williamson, 62 F.3d at 419-20; supra note 4, this observation has no bearing here and is relevant, if at all, to the question of remedy for a violation, not the determination of whether a violation has occurred. Id. 657-58. 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. at 665-66, thereby potentially depriving the Executive Branch of records bearing on criminality, it is a suggestion I categorically reject. CVC-200 (Congressional Auditorium), Cannon Rotunda House Complex Live Locations | Radio TV Gallery [T]he physical search of the Office [was] conducted by Special Agents [with] no substantive role in the investigation of Rep. Jefferson. The Rayburn Room is a large reception room at the United States Capitol where members of Congress can meet with press or constituents. Unlike the Congressman's request for the return of legislative materials protected by the Speech or Debate Clause, the further claim for the return of all non-privileged materials is not independent of the criminal prosecution against him, especially if the legality of the search will be a critical issue in the criminal trial. 1. at 659-61 (relying on Brown & Williamson because [t]he Supreme Court has not spoken).2 But Brown & Williamson's brief comments regarding the Clause in the criminal context-which comments importantly acknowledge the Clause's less categorical scope in that context3 -REMAIN DICTA NO MATter how profound. maj. op. 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. 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). Studio A Cf. HVC-201 A&B 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 420. 5. at 1. It found no functional difference between compelling a Member to be questioned orally and compelling him to produce documents in response to a subpoena. Open dawn to dusk, daily, including all weekends and holidays. Notwithstanding the search warrant sought only unprivileged records, Rep. Jefferson's congressional office, as the warrant itself manifests,5 also contained records, paper and electronic, of legislative acts to which the Clause's protection extends. Indeed, the application accompanying the warrant contemplated it. at 660, that safeguards the absolute confidentiality of legislative records even from criminal process. at 81 (describing filtering procedures for paper records); id. Id. 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. 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. 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. Some site content requires additional applications or browser plug-ins. The House Galleries are closed when the House is out of session and during all Pro Forma sessions. 3090, 41 L.Ed.2d 1039 (1974); Moody v. IRS, 654 F.2d 795, 799 (D.C.Cir.1981). 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) at 660, amounts to prohibited question[ing] because the Clause embodies a broad non-disclosure privilege, Maj. Op. As [d]iscovery procedures can prove just as intrusive as naming Members or their staffs as parties to a suit, id. That holding prohibited the production of certain records in a congressional subcommittee's possession in response to a civil subpoena. 4. And again the criminal context distinguishes Brown & Williamson's dicta from this case. House Committee at 660, my colleagues first acknowledge that Brown & Williamson involved civil litigation, id. See 62 F.3d at 419. The execution of a valid search warrant is an exercise of executive power, United States v. Grubbs, 547 U.S. 90, 126 S.Ct. 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). While the Executive characterizes what occurred as the incidental review of arguably protected legislative materials, Appellee's Br. HVC-210 (Speaker's Hearing Room) 2175 RHOB (Education and the Workforce Committee) Visit the tools page for links to free downloads. 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. 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.

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