[Congressional Record Volume 167, Number 129 (Thursday, July 22, 2021)]
[Senate]
[Pages S5054-S5055]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENATE RESOLUTION 316--TO AUTHORIZE REPRESENTATION BY THE SENATE LEGAL
COUNSEL IN THE CASE OF AO ALFA-BANK V. JOHN DOE, ET AL
Mr. SCHUMER (for himself and Mr. McConnell) submitted the following
resolution; which was considered and agreed to:
S. Res. 316
Whereas, in the case of AO Alfa-Bank v. John Doe, et al.,
Case No. 50-2020-CA-006304, pending in the 15th Judicial
Circuit Court, Palm Beach County, Florida, the plaintiff has
issued two subpoenas for deposition testimony and document
production to Thomas Kirk McConnell, a staff member of the
Committee on Armed Services;
Whereas the plaintiff has presented those Florida court
subpoenas to the District of Columbia Superior Court, which
has issued the subpoenas under local law, Case No. 2021-
02459;
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 committees and current and former employees of the
Senate with respect to any subpoena, order, or request for
testimony or documents relating to their official
responsibilities; and
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
[[Page S5055]]
may, by the judicial or administrative process, be taken from
such control or possession but by permission of the Senate:
Now, therefore, be it
Resolved, That Senate Legal Counsel is authorized to
represent the Committee on Armed Services and Thomas Kirk
McConnell in this matter to seek to quash the subpoenas.
Sec. 2. Elizabeth King, Majority Staff Director of the
Committee on Armed Services, is authorized to provide a
limited declaration sufficient to demonstrate the
applicability of the Speech or Debate Clause privilege in
this matter, without waiving the Committee's privilege.
Mr. SCHUMER. Mr. President, on behalf of myself and the distinguished
Republican leader, Mr. McConnell, 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 third-party subpoenas to a
Senate employee from Alfa Bank, the plaintiff in a lawsuit pending in
Florida State court. The plaintiff, a large Russian bank, alleges in
its lawsuit that unnamed defendants used cyber tools to create internet
log data appearing to show communications between computer servers of
the plaintiff and the Trump Organization, causing negative publicity.
Alfa Bank is conducting third-party discovery to identify the unnamed
persons it alleges conspired against it. As part of that attempted
discovery, it has issued two subpoenas to a staff member of the
Committee on Armed Services seeking testimony and Committee documents
regarding his work for the Committee in examining the publicly-reported
allegations about possible clandestine internet communications between
plaintiff and the Trump Organization.
Because the subpoenas seek testimony and documents relating to
information gathering activities the staff person undertook as part of
his duties for the Committee, they request information that is
absolutely privileged under the Speech or Debate Clause. In addition,
sovereign immunity precludes enforcement of State court subpoenas
against officials and employees of the Federal government. This
resolution would authorize the Senate Legal Counsel to represent the
Committee on Armed Services and its staff member and move to quash the
subpoenas, at the request of the Committee.
In addition, to demonstrate to the court the applicability of the
Speech or Debate Clause privilege in this matter, the resolution
authorizes the Majority Staff Director of the Committee to provide a
limited declaration in support of the motion to quash. By submitting
this limited declaration solely to establish its privilege, the
Committee is not waiving, and, indeed, continues to assert, its
absolute Speech or Debate Clause privilege against being compelled to
produce any information in this matter.
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