[Congressional Record Volume 170, Number 23 (Thursday, February 8, 2024)]
[Senate]
[Page S502]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  SENATE RESOLUTION 552--TO AUTHORIZE TESTIMONY AND REPRESENTATION IN 
            PEOPLE OF THE STATE OF MICHIGAN V. BERDEN, ET AL

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

                              S. Res. 552

       Whereas, in the case of People of the State of Michigan v. 
     Berden, et al., Case Nos. 23-02209-FY et seq., pending in the 
     54-A District Court in the City of Lansing, Michigan, 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 People of the State 
     of Michigan v. Berden, et al., 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 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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