[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 316 Agreed to Senate (ATS)]

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117th CONGRESS
  1st Session
S. RES. 316

To authorize representation by the Senate Legal Counsel in the case of 
                    AO Alfa-Bank v. John Doe, et al.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2021

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

_______________________________________________________________________

                               RESOLUTION


 
To authorize representation by the Senate Legal Counsel in the case of 
                    AO Alfa-Bank v. John Doe, et al.

Whereas, in the case of AO Alfa-Bank v. John Doe, et al., Case No. 50-2020-CA-
        006304, pending in the 15th Judicial Circuit Court, Palm Beach County, 
        Florida, the plaintiff has issued two subpoenas for deposition testimony 
        and document production to Thomas Kirk McConnell, a staff member of the 
        Committee on Armed Services;
Whereas the plaintiff has presented those Florida court subpoenas to the 
        District of Columbia Superior Court, which has issued the subpoenas 
        under local law, Case No. 2021-02459;
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 committees and current and former 
        employees of the Senate with respect to any subpoena, order, or request 
        for testimony or documents relating to their official responsibilities; 
        and
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: Now, therefore, be it
    Resolved, That Senate Legal Counsel is authorized to represent the 
Committee on Armed Services and Thomas Kirk McConnell in this matter to 
seek to quash the subpoenas.
    Sec. 2.  Elizabeth King, Majority Staff Director of the Committee 
on Armed Services, is authorized to provide a limited declaration 
sufficient to demonstrate the applicability of the Speech or Debate 
Clause privilege in this matter, without waiving the Committee's 
privilege.
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