III 

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 


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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 


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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 


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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 

1 Resolved, That the President of the Senate certify the 

2 facts in connection with the failure of Joshua Bolten, as 

3 the Custodian of Records at the White House, though duly 

4 summoned, to appear and to produce documents lawfully 

5 subpoenaed to be produced before the Committee, under 

6 the seal of the United States Senate, to the United States 

7 Attorney for the District of Columbia, to the end that 

8 Joshua Bolten may be proceeded against in the manner 

9 and form provided by law. 


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Calendar No. 1125 

110TH CONGRESS 

2D SESSION S. RES. 707 

[Report No. 110–522] 

RESOLUTION 

Authorizing the President of the Senate to certify 

subpoena. produce documents as required by Committee pear before the Committee on the Judiciary and Custodian of Records at the White House, to apthe facts of the failure of Joshua Bolten, as the 

NOVEMBER 19, 2008 

Placed on the calendar 


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