[Congressional Record (Bound Edition), Volume 163 (2017), Part 9]
[Senate]
[Page 12565]
[From the U.S. Government Publishing Office, www.gpo.gov]




SENATE RESOLUTION 244--TO AUTHORIZE TESTIMONY, DOCUMENT PRODUCTION, AND 
  REPRESENTATION IN UNITED STATES OF AMERICA V. ROBERT MENENDEZ, ET AL

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

                              S. Res. 244

       Whereas, in the case of United States of America v. Robert 
     Menendez, et al., Cr. No. 15-155, pending in the United 
     States District Court for the District of New Jersey, 
     testimony and the production of documents may be needed from 
     various current and former Members and employees of the 
     Senate, relating to their official responsibilities;
       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 or former Members and employees of the 
     Senate with respect to any subpoena, order, or request for 
     testimony 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 current and former Members and employees of 
     the Senate are authorized to testify and produce documents in 
     the case of United States of America v. Robert Menendez, et 
     al., and related proceedings, except concerning matters for 
     which a privilege should be asserted.
       Sec. 2.  The Senate Legal Counsel is authorized to 
     represent current and former Members and employees of the 
     Senate in connection with the production of evidence 
     authorized in section one of this resolution.

  Mr. McCONNELL. Mr. President, on behalf of myself and the Democratic 
Leader, I send to the desk a resolution authorizing testimony, 
production of documents, and representation by the Senate Legal 
Counsel, and ask for its immediate consideration.
  Mr. President, this resolution concerns the case pending in the 
United States District Court for the District of New Jersey against 
Senator Robert Menendez. Both the Department of Justice and Senator 
Menendez are expected to seek trial testimony from Members and Senate 
staff.
  This resolution would authorize Senate individuals called to appear 
to testify and produce documents in this case and related proceedings, 
except concerning matters for which a privilege is asserted. It would 
also authorize the Senate Legal Counsel to represent individuals called 
to testify at trial as fact witnesses regarding their performance of 
official Senate responsibilities.

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