[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 178 Agreed to Senate (ATS)]

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118th CONGRESS
  1st Session
S. RES. 178

  To authorize testimony and representation in United States v. Kelly.


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                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2023

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

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                               RESOLUTION


 
  To authorize testimony and representation in United States v. Kelly.

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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