III 

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; 


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SRES 708 PCS 

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; 


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SRES 708 PCS 

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 


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SRES 708 PCS 

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 

1 Resolved, That the President of the Senate certify the 

2 facts in connection with the failure of Karl Rove, though 

3 duly summoned, to appear and testify before the Judiciary 

4 Committee and to produce documents lawfully subpoenaed 

5 to be produced before the Committee, under the seal of 

6 the United States Senate, to the United States Attorney 

7 for the District of Columbia, to the end that Karl Rove 

8 may be proceeded against in the manner and form pro9 vided by law. 


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Calendar No. 1126 

110TH CONGRESS 

2D SESSION S. RES. 708 

[Report No. 110–522] 

RESOLUTION 

Authorizing the President of the Senate to certify 

Committee subpoena. ary and to produce documents as required by and testify before the Committee on the Judicithe facts of the failure of Karl Rove to appear 

NOVEMBER 19, 2008 

Placed on the calendar 


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