[Congressional Record Volume 164, Number 29 (Wednesday, February 14, 2018)]
[Senate]
[Page S969]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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SENATE RESOLUTION 406--TO AUTHORIZE REPRESENTATION BY THE SENATE LEGAL 
   COUNSEL IN THE CASE OF UNITED STATES V. AHMED ALAHMEDALABDALOKLAH

  Mr. McCONNELL (for himself and Mr. Schumer) submitted the following 
resolution; which was considered and agreed to:

                              S. Res. 406

       Whereas, in the case of United States v. Ahmed 
     Alahmedalabdaloklah, No. CR-12-01263-001-PHX-ROS, pending in 
     the United States District Court for the District of Arizona, 
     the defendant has issued a subpoena for testimony and 
     documents to Senator Lindsey Graham;
       Whereas, pursuant to sections 703(a) and 704(a)(2) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) 
     and 288c(a)(2), the Senate may direct its counsel to 
     represent Members of the Senate with respect to any subpoena, 
     order, or request for testimony or documents 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, by Rule VI of the Standing Rules of the Senate, no 
     Senator shall absent himself from the service of the Senate 
     without leave: Now, therefore, be it
       Resolved, That the Senate Legal Counsel is authorized to 
     represent Senator Lindsey Graham in this matter.

  Mr. McCONNELL. Mr. President, on behalf of myself and the 
distinguished Democratic leader, Mr. Schumer, I send to the desk a 
resolution authorizing representation by the Senate Legal Counsel and 
ask for its immediate consideration.
  Mr. McCONNELL. Mr. President, this resolution concerns a subpoena 
from the defendant in a criminal case pending in Arizona Federal court. 
The defendant is charged with various crimes alleging his assistance to 
an Iraqi insurgent group by supplying parts for use in improvised 
explosive devices. The defendant issued a trial subpoena to Senator 
Graham for testimony and documents arising out of his Senate duties. As 
any information Senator Graham would have in this matter would have 
been acquired as part of his legislative duties, the information sought 
would be privileged under the Speech or Debate Clause. This resolution 
would authorize the Senate Legal Counsel to represent Senator Graham 
and move to quash the subpoena.

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