[Congressional Record Volume 154, Number 176 (Wednesday, November 19, 2008)]
[Senate]
[Pages S10674-S10675]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

   SENATE RESOLUTION 707--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

  Mr. LEAHY submitted the following resolution; from the Committee on 
the Judiciary; which was placed on the calendar:

                              S. Res. 707

       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

[[Page S10675]]

     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;
       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: 
     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.

                          ____________________