[Congressional Record Volume 168, Number 125 (Wednesday, July 27, 2022)]
[Senate]
[Pages S3745-S3746]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  SENATE RESOLUTION 726--TO AUTHORIZE TESTIMONY AND REPRESENTATION IN 
                        UNITED STATES V. HERRERA

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

                              S. Res. 726

       Whereas, in the case of United States v. Herrera, Cr. No. 
     21-619, pending in the United States District Court for the 
     District of Columbia, the prosecution has requested the 
     production of testimony from Jeffrey Kent, Director of the 
     Press Photographers' Gallery, and from Nate Russell and Diego 
     Torres, custodians of records in the Senate Recording Studio;
       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

[[Page S3746]]

     current or former officers and employees of the Senate with 
     respect to any subpoena, order, or request for evidence 
     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 Jeffrey Kent, Director of the Press 
     Photographers' Gallery, and Nate Russell and Diego Torres, 
     custodians of records in the Senate Recording Studio, are 
     authorized to provide relevant testimony in the case of 
     United States v. Herrera, except concerning matters for which 
     a privilege should be asserted.
       Sec. 2.  The Senate Legal Counsel is authorized to 
     represent Messrs. Kent, Russell, and Torres, and any current 
     or former officer or employee of their offices, in connection 
     with the production of evidence authorized in section one of 
     this resolution.

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