[Congressional Record Volume 169, Number 82 (Tuesday, May 16, 2023)]
[Senate]
[Page S1681]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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  SENATE RESOLUTION 214--TO AUTHORIZE TESTIMONY AND REPRESENTATION IN 
                         UNITED STATES V. NEELY

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

                              S. Res. 214

       Whereas, in the case of United States v. Neely, Cr. No. 21-
     642, pending in the United States District Court for the 
     District of Columbia, both the prosecution and defense are 
     seeking the production of testimony from Michael J. Mastrian, 
     Director of the Senate Radio and Television Gallery, a 
     department of the Office of the Sergeant at Arms and 
     Doorkeeper 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 Michael J. Mastrian, Director of the Senate 
     Radio and Television Gallery, is authorized to provide 
     relevant testimony in the case of United States v. Neely, 
     except concerning matters for which a privilege should be 
     asserted.
       Sec. 2.  The Senate Legal Counsel is authorized to 
     represent Mr. Mastrian, and any current or former officer or 
     employee of his office, in connection with the production of 
     evidence authorized in section one of this resolution.

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