[Congressional Record Volume 169, Number 143 (Wednesday, September 6, 2023)]
[Senate]
[Pages S4231-S4232]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

  SENATE RESOLUTION 329--TO AUTHORIZE TESTIMONY AND REPRESENTATION IN 
                         UNITED STATES V. HORN

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

                              S. Res. 329

       Whereas, in the case of United States v. Horn, Cr. No. 21-
     301, pending in the United States District Court for the 
     District of Columbia, the prosecution is seeking the 
     production of testimony from Michael J. Mastrian, Director of 
     the Senate Radio and Television Gallery, and Jeffrey S. Kent, 
     Director of the Press Photographers' Gallery, departments 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

[[Page S4232]]

       Whereas, when it appears that evidence under the control or 
     in the possession of the Senate may promote the 
     admministration 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, and Jeffrey S. Kent, Director 
     of the Press Photographers' Gallery, are authorized to 
     provide relevant testimony in the case of United States v. 
     Horn, except concerning matters for which a privilege should 
     be asserted.
       Sec. 2.  The Senate Legal Counsel is authorized to 
     represent Messrs. Mastrian and Kent, 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.

                          ____________________