[Congressional Record Volume 167, Number 91 (Tuesday, May 25, 2021)]
[Senate]
[Page S3428]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     SENATE RESOLUTION 236--TO AUTHORIZE TESTIMONY, DOCUMENTS, AND 
               REPRESENTATION IN UNITED STATES V. WORNICK

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

                              S. Res. 236

       Whereas, in the case of United States v. Wornick, Cr. No. 
     20-106, pending in the United States District Court for the 
     District of Colorado, the prosecution has requested the 
     production of testimony and, if necessary, documents from 
     Bailey McCue, an employee of the office of former 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 and former employees 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, 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 Bailey McCue, an employee of the office of 
     former Senator Cory Gardner, and any other employee of the 
     former Senator's office from whom relevant evidence may be 
     necessary, are authorized to testify and produce documents in 
     the case of United States v. Wornick, except concerning 
     matters for which a privilege should be asserted.
       Sec. 2.  The Senate Legal Counsel is authorized to 
     represent Senator Gardner and any employees of his former 
     office in connection with the production of evidence 
     authorized in section one of this resolution.

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