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




   SENATE RESOLUTION 708--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

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

                              S. Res. 708

       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 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;
       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;
       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 Karl Rove, though 
     duly summoned, to appear and testify before the Judiciary 
     Committee 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 Karl Rove may be proceeded 
     against in the manner and form provided by law.

                          ____________________