U.S. v. RAYBURN HOUSE, RM 2113, WASHINGTON, DC

No. 06-3105.

497 F.3d 654 (2007)

UNITED STATES of America, Appellee v. RAYBURN HOUSE OFFICE BUILDING, ROOM 2113, WASHINGTON, D.C. 20515, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 3, 2007.


Attorney(s) appearing for the Case

Robert P. Trout argued the cause for appellant. With him on the briefs were Amy Berman Jackson and Gloria B. Solomon.

James Hamilton and Robert V. Zener were on the brief for amici curiae Thomas S. Foley, et al. in support of appellant.

Scott Palmer, Elliot S. Berke, and Reid Stuntz, and Philip Kiko, appearing pro se, were on the brief as amici curiae in support of appellant.

David H. Remes and Richard D. Dietz were on the brief for amicus curiae Abner J. Mikva in support of appellant and for reversal.

Gregory L. Poe was on the brief for amici curiae Stanley M. Brand, et al. in support of appellant.

Michael R. Dreeben, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Jeffrey A. Taylor, U.S. Attorney, Darryl Joseffer, Assistant to the Solicitor General, U.S. Department of Justice, Stephan E. Oestreicher, Jr. and Charles E. Duross, Attorneys, and Roy W. McLeese, III, Assistant U.S. Attorney.

Melanie Sloan and Anne L. Weismann were on the brief for amicus curiae Citizens for Responsibility and Ethics in Washington supporting affirmance. Daniel J. Popeo, Paul D. Kamenar, Perry O. Barber were on the brief for amicus curiae Washington Legal Foundation in support of appellee and urging affirmance.

Paul J. Orfanedes and Meredith L. Di Liberto were on the brief for amicus curiae Judicial Watch, Inc. in support of appellee urging affirmation.

Before: GINSBURG, Chief Judge, and HENDERSON and ROGERS, Circuit Judges.


Opinion for the Court filed by Circuit Judge ROGERS.

Opinion concurring in the judgment filed by Circuit Judge HENDERSON.

ROGERS, Circuit Judge:

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. The...

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