[Congressional Record Volume 166, Number 10 (Thursday, January 16, 2020)]
[Senate]
[Pages S279-S280]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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SENATE RESOLUTION 474--TO AUTHORIZE REPRESENTATION BY THE SENATE LEGAL 
  COUNSEL IN THE CASE OF MARTIN F. McMAHON V. SENATOR TED CRUZ, ET AL

  Mr. SCHUMER submitted the following resolution; which was considered 
and agreed to:

                              S. Res. 474

       Whereas, Senators Ted Cruz, Lindsey Graham, Mitch 
     McConnell, and Rand Paul have been named as defendants in the 
     case of Martin F. McMahon v. Senator Ted Cruz, et al., Case 
     No. 1:19-cv-03774-TSC, currently pending in the United States 
     District Court for the District of Columbia;
       Whereas, pursuant to sections 703(a) and 704(a)(1) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) 
     and 288c(a)(1), the Senate may direct its counsel to defend 
     Members of the Senate in civil actions relating to their 
     official responsibilities: Now, therefore, be it
       Resolved, That the Senate Legal Counsel is authorized to 
     represent Senators Ted Cruz, Lindsey Graham, Mitch McConnell, 
     and Rand Paul, and any other Member who may be named as a 
     defendant in the case of Martin F. McMahon v. Senator Ted 
     Cruz, et al.
  Mr. SCHUMER. Mr. President, I send to the desk a resolution 
authorizing representation by the Senate Legal Counsel and ask for its 
immediate consideration.
  Mr. President, this resolution concerns a pro se lawsuit recently 
filed in Federal court in the District of Columbia against Senators 
Cruz, Graham, McConnell, and Paul. In this lawsuit, plaintiff seeks to 
obtain judicial supervision over the upcoming impeachment trial of the 
President under the Ninth Amendment. Plaintiffs suit is subject to 
dismissal on jurisdictional grounds as the Constitution grants the 
Senate the sole power to try impeachments, and the Judicial Branch has 
no power to oversee the actions and participation of Senators in an 
impeachment trial. This resolution would authorize the Senate Legal 
Counsel to represent the named defendant Senators in order to seek 
dismissal of the claims against them.

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