[Congressional Record Volume 168, Number 57 (Thursday, March 31, 2022)]
[Senate]
[Pages S1919-S1920]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 AUTHORIZING TESTIMONY AND REPRESENTATION IN UNITED STATES V. ROBERTSON

  Mr. MARKEY. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 573, which was 
submitted earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The senior assistant legislative clerk read as follows:

       A resolution (S. Res. 573) to authorize testimony and 
     representation in United States v. Robertson, et al.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. SCHUMER. Mr. President, the third criminal trial arising out of 
the events of January 6, 2021, is scheduled to begin on April 4, 2022, 
in Federal district court in the District of Columbia. One of the two 
defendants in this case pleaded guilty earlier this month. The 
remaining defendant, Thomas Robertson, is going to trial and is charged 
with six counts: obstructing the counting by Congress of the electoral 
ballots for President and Vice President; obstructing the grand jury 
investigation related to the events of January 6, 2021, and his Federal 
prosecution by altering and destroying one or more cell phones; 
impeding and interfering with law enforcement officers during a civil 
disorder; entering and remaining in a restricted area within the U.S. 
Capitol and its grounds; and two counts of engaging in disorderly and 
disruptive conduct.
  The prosecution has requested trial testimony from Daniel Schwager, 
formerly counsel to the Secretary of the Senate, related to the 
obstruction count, including his knowledge and observations of the 
process and constitutional and legal bases for Congress's certification 
of the electoral college vote. The prosecution is also seeking 
testimony at trial, if necessary, from Nate Russell and Diego Torres, 
custodians of records in the Senate Recording Studio, which operates 
under the authority of the Sergeant at Arms and Doorkeeper of the 
Senate, to authenticate Senate video of the proceeding that day. Senate 
Secretary Berry and Senate Sergeant at Arms Gibson would like to 
cooperate with these requests by providing relevant testimony in this 
proceeding from Messrs. Schwager, Russell, and Torres, respectively.
  In keeping with the rules and practices of the Senate, this 
resolution would authorize the production of relevant testimony from 
Messrs. Schwager, Russell, and Torres, with representation by the 
Senate Legal Counsel.
  Mr. MARKEY. 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 PRESIDING OFFICER. Without objection, it is so ordered.

[[Page S1920]]

  The resolution (S. Res. 573) 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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