[Congressional Record Volume 164, Number 84 (Tuesday, May 22, 2018)]
[Senate]
[Page S2837]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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  SENATE RESOLUTION 519--TO AUTHORIZE TESTIMONY AND REPRESENTATION IN 
                         COLORADO V. WILLENBERG

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

                              S. Res. 519

       Whereas, in the case of Colorado v. Willenberg, Case No. 
     17M1242, pending in Municipal Court in Colorado Springs, 
     Colorado, the defendant has requested the production of 
     testimony from Andrew Merritt, an employee in the office of 
     Senator Cory Gardner;
       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 current or former Members, officers, and employees 
     of the Senate with respect to any subpoena, order, or request 
     for testimony 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
       Resolved, That Andrew Merritt, an employee in the Office of 
     Senator Cory Gardner, is authorized to testify in the case of 
     Colorado v. Willenberg, except concerning matters for which a 
     privilege should be asserted.
       Sec. 2.  The Senate Legal Counsel is authorized to 
     represent current and former Members, officers, and employees 
     of the Senate in connection with the production of evidence 
     authorized in section one of this resolution.

  Mr. McCONNELL. Mr. President, on behalf of myself and the 
distinguished Democratic leader, Mr. Schumer, I send to the desk a 
resolution authorizing the production of testimony and representation 
by the Senate Legal Counsel, and ask for its immediate consideration.
  Mr. McCONNELL. Mr. President, this resolution concerns a request for 
testimony in a criminal action pending in Colorado State court. In this 
action, the defendant is charged with trespass for refusing to leave 
Senator Gardner's Colorado Springs office. A forthcoming evidentiary 
hearing and trial is expected to be scheduled shortly in the Municipal 
Court of Colorado Springs, Colorado.
  The defendant in this case is seeking testimony from Andrew Merritt, 
Senator Gardner's State Director, who was present during some of the 
events at issue. Senator Gardner would like to cooperate with this 
request.
  The enclosed resolution would authorize the production of testimony 
from Mr. Merritt and representation by the Senate Legal Counsel of 
current and former Members, officers, and employees of the Senate.

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