[Congressional Record Volume 169, Number 70 (Wednesday, April 26, 2023)]
[Senate]
[Page S1392]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  SENATE RESOLUTION 178--TO AUTHORIZE TESTIMONY AND REPRESENTATION IN 
                         UNITED STATES V. KELLY

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

                              S. Res. 178

       Whereas, in the case of United States v. Kelly, Cr. No. 21-
     708, pending in the United States District Court for the 
     District of Columbia, the prosecution has requested the 
     production of testimony from Daniel Schwager, a former 
     employee of the Office of the Secretary of the Senate;
       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 current and 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 Daniel Schwager, a former employee of the 
     Office of the Secretary of the Senate, is authorized to 
     provide relevant testimony in the case of United States v. 
     Kelly, except concerning matters for which a privilege should 
     be asserted.
       Sec. 2.  The Senate Legal Counsel is authorized to 
     represent Mr. Schwager, and any current or former officer or 
     employee of the Secretary's office, in connection with the 
     production of evidence authorized in section one of this 
     resolution.

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