[Congressional Record Volume 167, Number 172 (Friday, October 1, 2021)]
[Senate]
[Pages S6875-S6876]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 AUTHORIZING REPRESENTATION BY THE SENATE LEGAL COUNSEL IN THE CASE OF 
 SHAWN MUSGRAVE V. MARK WARNER AND THE U.S. SENATE SELECT COMMITTEE ON 
                              INTELLIGENCE

  Mr. WYDEN. Mr. President, I ask unanimous consent that the Senate

[[Page S6876]]

proceed to the immediate consideration of S. Res. 405, which was 
submitted earlier today.
  The PRESIDENT pro tempore. The clerk will report the resolution by 
title.
  The senior assistant legislative clerk read as follows:

       A resolution (S. Res. 405) to authorize representation by 
     the Senate Legal Counsel in the case of Shawn Musgrave v. 
     Mark Warner and the U.S. Senate Select Committee on 
     Intelligence.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. SCHUMER. Mr. President, this resolution concerns a lawsuit filed 
in Federal court in the District of Columbia against the Select 
Committee on Intelligence and Chairman Warner, that attempts to force 
the committee to release to the plaintiff the full report of the 
Committee's in-depth study of the CIA's terrorist detention and 
interrogation program. Plaintiff claims that he has a common law right, 
never before applied to Senate records, to review this committee 
document despite the report being classified and despite the committee 
having not chosen to release the report publicly and having submitted 
it to the Senate confidentially.
  It is important to note that the committee has already released the 
lengthy executive summary and the findings and conclusions from the 
report, after a declassification review; so the public has been 
informed of the committee's work and the findings and conclusions of 
its study.
  Plaintiff's attempt to force the Senate to release to him the full 
report not only contravenes the Senate's constitutional prerogative to 
decide which documents to keep confidential, but also interferes with 
the independence of the Senate in conducting its legislative and 
oversight duties. This resolution would authorize the Senate legal 
counsel to represent the Select Committee on Intelligence and Chairman 
Warner in order to seek dismissal of this suit.
  Mr. WYDEN. I further ask that the resolution be agreed to, the 
preamble be agreed to, and the motions to reconsider be considered made 
and laid upon the table with no intervening action or debate.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  The resolution (S. Res. 405) was agreed to.
  The preamble was agreed to.
  (The resolution, with its preamble, is printed in today's Record 
under ``Submitted Resolutions.'')

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