`[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 708 Placed on Calendar Senate (PCS)]






                                                      Calendar No. 1126
110th CONGRESS
  2d Session
S. RES. 708

                          [Report No. 110-522]

  Authorizing the President of the Senate to certify the facts of the 
failure of Karl Rove to appear and testify before the Committee on the 
 Judiciary and to produce documents as required by Committee subpoena.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 19, 2008

Mr. Leahy, from the Committee on the Judiciary, submitted the following 
         original resolution; which was placed on the calendar

_______________________________________________________________________

                               RESOLUTION


 
  Authorizing the President of the Senate to certify the facts of the 
failure of Karl Rove to appear and testify before the Committee on the 
 Judiciary and to produce documents as required by Committee subpoena.

Whereas, since the beginning of this Congress, the Senate Judiciary Committee 
        has conducted an investigation into the removal of United States 
        Attorneys;
Whereas the Committee's requests for information related to its investigation, 
        including documents and testimony from the White House and White House 
        personnel, were denied;
Whereas the White House has not offered any accommodation or compromise to 
        provide the requested information that is acceptable to the Committee;
Whereas, on March 22, 2007, pursuant to its authority under rule 26 of the 
        Standing Rules of the Senate, the Senate Committee on the Judiciary 
        authorized issuance to Karl Rove, Deputy Chief of Staff to the 
        President, subpoenas in connection with the Committee's investigation;
Whereas, on June 28, 2007, in response to subpoenas for documents issued by the 
        Senate and House Judiciary Committees, White House Counsel Fred Fielding 
        conveyed the President's claim of executive privilege over all 
        information in the custody and control of the White House related to the 
        Committee's investigation;
Whereas, on June 29, 2007, the Chairmen of the House and Senate Judiciary 
        Committees provided the White House with an opportunity to substantiate 
        its privilege claims by providing the Committees with the specific 
        factual and legal bases for its privilege claims regarding each document 
        withheld and a privilege log to demonstrate to the Committees which 
        documents, and which parts of those documents, are covered by any 
        privilege that is asserted to apply and why;
Whereas the White House declined this opportunity in a July 9, 2007, letter to 
        the Committee Chairmen from Mr. Fielding, while reiterating the blanket 
        privilege claims;
Whereas, on July 26, 2007, the Chairman issued a subpoena authorized March 22 to 
        Mr. Rove for documents and testimony related to the Committee's 
        investigation, with a return date of August 2;
Whereas the Chairman noticed an August 2, 2007, Judiciary Committee hearing 
        under its rules at which Mr. Rove was subpoenaed to testify;
Whereas Mr. Fielding, in an August 1, 2007, letter to the Chairman and Ranking 
        Member, informed the Committee that the President would invoke a claim 
        of executive privilege and a claim of immunity from congressional 
        testimony for Mr. Rove, and directed Mr. Rove not to produce responsive 
        documents or testify before the Committee about the firings, and that 
        Mr. Rove would not appear in response to the Committee's subpoena;
Whereas, based on these claims of executive privilege and absolute immunity, Mr. 
        Rove refused to appear or to produce documents or to testify at the 
        Committee's August 2, 2007, hearing in compliance with the subpoena;
Whereas, on August 17, 2007, Mr. Fielding rejected the Chairman's request for a 
        meeting with the President to work out an accommodation for the 
        information sought by the Committee;
Whereas, on November 29, 2007, the Chairman ruled that the White House's claims 
        of executive privilege and immunity are not legally valid to excuse 
        current and former White House employees from appearing, testifying, and 
        producing documents related to this investigation and directed Mr. Rove, 
        along with other current and former White House employees, to comply 
        immediately with the Committee's subpoenas by producing documents and 
        testifying;
Whereas Mr. Rove has not complied with the Committee's subpoenas or made any 
        offer to cure his previous noncompliance; and
Whereas, the Committee's investigation is pursuant to the constitutional 
        legislative, oversight, and investigative powers of Congress and the 
        responsibilities of this Committee to the Senate and the American 
        people; including the power to: (1) investigate the administration of 
        existing laws, and obtain executive branch information in order to 
        consider new legislation, within the Committee's jurisdiction, including 
        legislation related to the appointment of U.S. Attorneys; (2) expose any 
        corruption, inefficieny, and waste within the executive branch; (3) 
        protect the Committee's role in evaluating nominations pursuant to the 
        Senate's constitutional responsibility to provide advice and consent; 
        and (4) examine whether inaccurate, incomplete, or misleading testimony 
        or other information was provided to the Committee: Now, therefore, be 
        it
    Resolved, That the President of the Senate certify the facts in 
connection with the failure of Karl Rove, though duly summoned, to 
appear and testify before the Judiciary Committee and to produce 
documents lawfully subpoenaed to be produced before the Committee, 
under the seal of the United States Senate, to the United States 
Attorney for the District of Columbia, to the end that Karl Rove may be 
proceeded against in the manner and form provided by law.




                                                      Calendar No. 1126

110th CONGRESS

  2d Session

                              S. RES. 708

                          [Report No. 110-522]

_______________________________________________________________________

                               RESOLUTION

  Authorizing the President of the Senate to certify the facts of the 
failure of Karl Rove to appear and testify before the Committee on the 
 Judiciary and to produce documents as required by Committee subpoena.

_______________________________________________________________________

                           November 19, 2008

                         Placed on the calendar`