Josh Hawley on Rayburn decision

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Josh Hawley

U.S. Senator

Compared on: Rayburn decision on Speech or Debate Clause

THE CLAIM · SEP 29, 2026

“the Rayburn decision requires the government to give a member of Congress the opportunity to assert privilege”

As reported by Sean Hannity · Read the post

THE RECORD · AUG 3, 2007

“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.”

Court of Appeals for the D.C. Circuit · United States v. Rayburn House, Rm 2113, Washington, Dc, 497 F.3d 654 (D.C... · Read

THE RECORD · AUG 3, 2007

“Accordingly, we hold that a search that allows agents of the Executive to review privileged materials without the Member’s consent violates the Clause.”

Court of Appeals for the D.C. Circuit · United States v. Rayburn House, Rm 2113, Washington, Dc, 497 F.3d 654 (D.C... · Read

RECORD AGREES

The D.C. Circuit’s majority opinion in United States v. Rayburn House, Rm 2113, 497 F.3d 654 (Aug. 3, 2007), held that procedures denying a congressman an opportunity to identify and assert Speech or Debate Clause privilege before executive review violated the Clause. The case concerned the FBI's May 2006 search of Rep. William J. Jefferson's congressional office.

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