[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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