Roll Call offers this breaking news report, regarding this opinion in USA v. Rayburn House Office Building issued by the D.C. Circuit. The Court held that aspects of the search violated the Speech or Debate Clause. It concludes:

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. Further, as contemplated by the warrant affidavit, see Thibault Aff. ¶¶ 137-38, the FBI agents who executed the search warrant shall continue to be barred from disclosing the contents of any privileged or “politically sensitive and non-responsive items,” id. ¶ 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.

In her opinion concurring in the judgment, Judge Henderson concludes:

In sum, I believe the Executive Branch’s execution of a search warrant on a congressional office–with its unavoidable but minimal exposure to records of legislative acts–does not-constitute “question[ing]” within the meaning of the Speech orDebate Clause. On this reading of the Clause, Rep. Jefferson remains subject to the same criminal process that applies to his constituents. See Gravel, 408 U.S. at 626. As “[t]he laws of this country allow no place or employment as a sanctuary for crime,” Williamson v. United States, 207 U.S. 425, 439 (1908) (quoting King v. Willkes, 2 Wils. 151 (1763)), I would conclude that the Speech or Debate Clause does not bar the Executive Branch’s execution of a search warrant on a congressional office and, accordingly, deny Rep. Jefferson’s Rule 41(g) motion.