at 418 (quoting MINPECO, 844 F.2d at 859). The area west of the Longworth Building on squares 635 and 636 was chosen, with the main entrance on Independence Avenue and garage and pedestrian entrances on South Capitol Street, C Street, and First Street Southwest. at JA 7. See Brewster, 408 U.S. at 516, 92 S.Ct. Locations 2172 RHOB (Foreign Affairs Committee) Capitol Visitor Center - Main entrance at First and East Capitol streets. at 13-22; U.S. Const. 863, 96 L.Ed. In re Search of Rayburn House Ofice Bldg. 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. 2141 RHOB (Judiciary Committee) That holding prohibited the production of certain records in a congressional subcommittee's possession in response to a civil subpoena. at 659. Moreover, as the majority recognizes, see Maj. Op. Brown & Williamson's non-disclosure rule, however, does not extend to criminal process. 2614.9 The core activity protected by the Clause-speech in either chamber of the Congress-is a public act. 2531. Neither party suggests that the return of the indictment divests this court of jurisdiction or renders this appeal moot or urges that the court not proceed to decide this appeal.2 Cf. Studio B The court ordered expedition of this appeal, id., and oral argument was heard on May 15, 2007. The Executive offers that the special procedures described in the warrant affidavit are more than sufficient to protect Rep[resentative] Jefferson's rights under the Clause, Appellee's Br. 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. House Committee on Science, Space, and Technology Republicans 2321 Rayburn House Office Building Washington, DC 20515 Phone: 202-225-6371 Fax: 202-226-0113 Rayburn House Office Building in Washington, DC (Google Maps) 367, 92 L.Ed. 2531; see Fields, 459 F.3d at 9. 3. The execution of a valid search warrant is an exercise of executive power, United States v. Grubbs, 547 U.S. 90, 126 S.Ct. Sam Rayburn History: Mr. Speaker and Whether the violation requires, as the Congressman suggests, the return of all seized items, privileged as well as non-privileged, depends upon a determination of which documents are privileged and then, as to the non-privileged documents, a balancing of the separation of powers underlying the Speech or Debate Clause and the Executive's Article II, Section 3 law enforcement interest in the seized materials. The special procedures outlined in the warrant affidavit would not have avoided the violation of the Speech or Debate Clause because they denied the Congressman any opportunity to identify and assert the privilege with respect to legislative materials before their compelled disclosure to Executive agents.
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