According to The Hill, Congressman Renzi plans to raise Speech or Debate objections to the FBI’s interception of some of his telephone calls. No doubt his attorneys will rely primarily on the DC Circuit’s decision in the
The extension of the DC Circuit’s decision to electronic surveillance also seems logical. If the Speech or Debate Clause forbids the FBI from conducting a search that might cause it to see Speech or Debate privileged documents, it is not obvious why the same principle [would not] forbid it from listening in on conversations that might contain a Speech or Debate privileged discussion. Of course, under the logic of the DC Circuit’s opinion, the FBI could record the conversations (without listening to them) and then send the tape to the Member to separate the privileged from the non-privileged portions, but the Justice Department might view this as a tad problematic from an investigative standpoint.
Renzi’s case is in federal court in