[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 552 Agreed to Senate (ATS)]

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118th CONGRESS
  2d Session
S. RES. 552

  To authorize testimony and representation in People of the State of 
                       Michigan v. Berden, et al.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 8 (legislative day, February 7), 2024

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

_______________________________________________________________________

                               RESOLUTION


 
  To authorize testimony and representation in People of the State of 
                       Michigan v. Berden, et al.

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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