H.Res. 88

Expressing the sense of the House of Representatives that Members of the House are not immune from having their offices searched.

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IV

110th CONGRESS

1st Session

H. RES. 88

IN THE HOUSE OF REPRESENTATIVES

January 23, 2007

Ms. Ginny Brown-Waite of Florida (for herself, Mr. Shays, Mrs. Miller of Michigan, Mr. Castle, Mrs. Musgrave, Mr. Miller of Florida, Mrs. Myrick, Mr. English of Pennsylvania, Mr. Porter, Mr. McCotter, Mr. Pitts, and Mr. Jindal) submitted the following resolution; which was referred to the Committee on the Judiciary

RESOLUTION

Expressing the sense of the House of Representatives that Members of the House are not immune from having their offices searched.

Whereas Members of the House of Representatives are not above the law;

Whereas Members have a public trust to uphold;

Whereas Members are elected to represent the interests of their constituents, not to protect their own interests;

Whereas only certain legislative activities are protected from interference by the Speech or Debate Clause of the Constitution of the United States; and

Whereas the courts have ruled that the Speech or Debate Clause does not shield Members from investigation of and prosecution for criminal activity: Now, therefore, be it

That it is the sense of the House of Representatives that if there is an ongoing criminal investigation into the activities of a Member of the House of Representatives, the Member’s congressional office may be subject to searches and seizures by appropriate executive branch officials in possession of a valid court order.