[Congressional Record Volume 166, Number 24 (Wednesday, February 5, 2020)]
[Senate]
[Pages S944-S945]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     SENATE RESOLUTION 493--TO AUTHORIZE TESTIMONY, DOCUMENTS, AND 
             REPRESENTATION IN UNITED STATES V. STAHLNECKER

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

                              S. Res. 493

       Whereas, in the case of United States v. Stahlnecker, Cr. 
     No. 19-394, pending in the United States District Court for 
     the Central District of California, the prosecution has 
     requested the production of testimony, and, if necessary, 
     documents from Sarah Harms, an employee of the office of 
     Senator Sherrod Brown, Leah Uhrig, a former employee of that 
     office, and, Kylie Rutherford, an employee of the office of 
     Senator Shelley Moore Capito;
       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 and former 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 Sarah Harms and Leah Uhrig, current and 
     former employees, respectively, of Senator Brown's office, 
     and Kylie Rutherford, a current employee of Senator Capito's 
     office, and any other current or former employee of the 
     Senators' offices from whom relevant evidence may be 
     necessary, are authorized to testify and produce documents in 
     the case of United States v. Stahlnecker, except concerning 
     matters for which a privilege should be asserted.
       Sec. 2.  The Senate Legal Counsel is authorized to 
     represent any current or former employees of Senators Brown 
     and Capito 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, documents, and 
representation by the Senate Legal Counsel, and ask for its immediate 
consideration.
  Mr. President, this resolution concerns a request for evidence in a 
criminal action pending in California Federal district court. In this 
action, the defendant is charged with making threatening telephone 
calls last year to the Washington, D.C. offices of Senator Sherrod 
Brown and Senator Shelley Moore Capito. Trial is scheduled to commence 
on February 11, 2020.
  The prosecution is seeking testimony at trial from three Senate 
witnesses who received the telephone calls at issue: current employees 
of Senator Brown's and Senator Capito's offices and a former employee 
of Senator Brown's office. Senators Brown and Capito would like to 
cooperate with this request by providing relevant employee testimony 
and, if necessary, documents from their offices.
  The enclosed resolution would authorize those staffers, and any other

[[Page S945]]

current or former employee of the Senators' offices from whom relevant 
evidence may be necessary, to testify and produce documents in this 
action, with representation by the Senate Legal Counsel.

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