[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 726 Agreed to Senate (ATS)]

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117th CONGRESS
  2d Session
S. RES. 726

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


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                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2022

  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. Herrera.

Whereas, in the case of United States v. Herrera, Cr. No. 21-619, pending in the 
        United States District Court for the District of Columbia, the 
        prosecution has requested the production of testimony from Jeffrey Kent, 
        Director of the Press Photographers' Gallery, and from Nate Russell and 
        Diego Torres, custodians of records in the Senate Recording Studio;
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 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 Jeffrey Kent, Director of the Press Photographers' 
Gallery, and Nate Russell and Diego Torres, custodians of records in 
the Senate Recording Studio, are authorized to provide relevant 
testimony in the case of United States v. Herrera, except concerning 
matters for which a privilege should be asserted.
    Sec. 2.  The Senate Legal Counsel is authorized to represent 
Messrs. Kent, Russell, and Torres, 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.
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