A resolution to authorize testimony and representation in United States v. Kelly.

Bill: 118-sres-178
Sponsor: full_name: Sen. Schumer, Charles E. [D-NY]
Introduced: 2023-04-26
Policy area: Congress
Subjects: Congressional officers and employees

Criminal investigation, prosecution, interrogation

District of Columbia

Evidence and witnesses

Legislative rules and procedure

Senate

Subversive activities
Latest action: action_date: 2023-04-26
text: Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent. (consideration: CR S1377; text: CR S1392)

Summaries:
action_date: 2023-04-26
action_desc: Introduced in Senate
text: <p>This resolution authorizes (1) Daniel Schwager, a former employee of the Office of the Secretary of the Senate, to provide relevant testimony in the case of <em>United States v. Kelly</em>, except concerning matters for which a privilege should be asserted; and (2) the Senate Legal Counsel to represent Mr. Schwager and any current or former officer or employee of his office in connection with this case.</p>

action_date: 2023-04-26
action_desc: Passed Senate
text: <p>This resolution authorizes (1) Daniel Schwager, a former employee of the Office of the Secretary of the Senate, to provide relevant testimony in the case of <em>United States v. Kelly</em>, except concerning matters for which a privilege should be asserted; and (2) the Senate Legal Counsel to represent Mr. Schwager and any current or former officer or employee of his office in connection with this case.</p>

tv_txt: III 118th CONGRESS 1st Session S. RES. 178 IN THE SENATE OF THE UNITED STATES April 26, 2023 Mr. Schumer (for himself and Mr. McConnell ) submitted the following resolution; which was considered and agreed to RESOLUTION To authorize testimony and representation in United States v. Kelly .

Whereas, in the case of United States v. Kelly , Cr. No. 21-708, pending in the United States District Court for the District of Columbia, the prosecution has requested the production of testimony from Daniel Schwager, a former employee of the Office of the Secretary of the Senate; Whereas, pursuant to sections 703(a) and 704(a)(2) of the Ethics in Government Act of 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the Senate may direct its counsel to represent current and former officers and employees of the Senate with respect to any subpoena, order, or request for evidence relating to their official responsibilities; Whereas, by the privileges of the Senate of the United States and Rule XI of the Standing Rules of the Senate, no evidence under the control or in the possession of the Senate may, by the judicial or administrative process, be taken from such control or possession but by permission of the Senate; and Whereas, when it appears that evidence under the control or in the possession of the Senate may promote the administration of justice, the Senate will take such action as will promote the ends of justice consistent with the privileges of the Senate: Now, therefore, be it

That Daniel Schwager, a former employee of the Office of the Secretary of the Senate, is authorized to provide relevant testimony in the case of United States v. Kelly , except concerning matters for which a privilege should be asserted. 2. The Senate Legal Counsel is authorized to represent Mr. Schwager, and any current or former officer or employee of the Secretary’s office, in connection with the production of evidence authorized in section one of this resolution.