The FBI was allowed to retain non-privileged material. While the Justice Department used special "Filter Team" procedures to review documents to determine whether they were related to legislative activity, the court found that this "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."
The FBI was permitted to keep non-sensitive information. Although the Justice Department employed special "Filter Team" methods to examine documents to decide if they were pertinent to legislative activities, the court determined that these procedures would not have prevented a violation of the Speech or Debate Clause because they did not give the Congressman any chance to declare and assert his privilege regarding legislative materials before their compelled disclosure to Executive agents.