`[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 707 Placed on Calendar Senate (PCS)]






                                                      Calendar No. 1125
110th CONGRESS
  2d Session
S. RES. 707

                          [Report No. 110-522]

  Authorizing the President of the Senate to certify the facts of the 
  failure of Joshua Bolten, as the Custodian of Records at the White 
  House, to appear before the Committee on the Judiciary and 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 Joshua Bolten, as the Custodian of Records at the White 
  House, to appear before the Committee on the Judiciary and 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 information requested that is acceptable to the Committee;
Whereas, on April 12, 2007, pursuant to its authority under rule 26 of the 
        Standing Rules of the Senate, the Senate Committee on the Judiciary 
        authorized issuance to the Custodian of Records at the White House, a 
        subpoena which commands the Custodian of Records to provide the 
        Committee with all documents in the possession, control, or custody of 
        the White House related to the Committee's investigation;
Whereas, on June 13, 2007, the Chairman issued a subpoena pursuant to the April 
        12, 2007, authorization to White House Chief of Staff Joshua Bolten as 
        the White House Custodian of Records, for documents related to the 
        Committee's investigation, with a return date of June 28, 2007;
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, based on this claim of executive privilege, Mr. Bolten refused to 
        appear and produce documents to the Committee in compliance with the 
        subpoena;
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 
        privilege claim;
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. 
        Bolten, along with other current and former White House employees, to 
        comply immediately with the Committee's subpoenas by producing documents 
        and testifying;
Whereas Mr. Bolten 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, inefficiency, 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 Joshua Bolten, as the Custodian of 
Records at the White House, though duly summoned, to appear 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 Joshua 
Bolten may be proceeded against in the manner and form provided by law.




                                                      Calendar No. 1125

110th CONGRESS

  2d Session

                              S. RES. 707

                          [Report No. 110-522]

_______________________________________________________________________

                               RESOLUTION

  Authorizing the President of the Senate to certify the facts of the 
  failure of Joshua Bolten, as the Custodian of Records at the White 
  House, to appear before the Committee on the Judiciary and produce 
              documents as required by Committee subpoena.

_______________________________________________________________________

                           November 19, 2008

                         Placed on the calendar`