SENATE RESOLUTION 493--TO AUTHORIZE TESTIMONY, DOCUMENTS, AND REPRESENTATION IN UNITED STATES V. STAHLNECKER; Congressional Record Vol. 166, No. 24
(Senate - February 05, 2020)
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[Pages S944-S945]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENATE RESOLUTION 493--TO AUTHORIZE TESTIMONY, DOCUMENTS, AND
REPRESENTATION IN UNITED STATES V. STAHLNECKER
Mr. McCONNELL (for himself and Mr. Schumer) submitted the following
resolution; which was considered and agreed to:
S. Res. 493
Whereas, in the case of United States v. Stahlnecker, Cr.
No. 19-394, pending in the United States District Court for
the Central District of California, the prosecution has
requested the production of testimony, and, if necessary,
documents from Sarah Harms, an employee of the office of
Senator Sherrod Brown, Leah Uhrig, a former employee of that
office, and, Kylie Rutherford, an employee of the office of
Senator Shelley Moore Capito;
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 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 Sarah Harms and Leah Uhrig, current and
former employees, respectively, of Senator Brown's office,
and Kylie Rutherford, a current employee of Senator Capito's
office, and any other current or former employee of the
Senators' offices from whom relevant evidence may be
necessary, are authorized to testify and produce documents in
the case of United States v. Stahlnecker, except concerning
matters for which a privilege should be asserted.
Sec. 2. The Senate Legal Counsel is authorized to
represent any current or former employees of Senators Brown
and Capito in connection with the production of evidence
authorized in section one of this resolution.
Mr. McCONNELL. Mr. President, on behalf of myself and the
distinguished Democratic leader, Mr. Schumer, I send to the desk a
resolution authorizing the production of testimony, documents, and
representation by the Senate Legal Counsel, and ask for its immediate
consideration.
Mr. President, this resolution concerns a request for evidence in a
criminal action pending in California Federal district court. In this
action, the defendant is charged with making threatening telephone
calls last year to the Washington, D.C. offices of Senator Sherrod
Brown and Senator Shelley Moore Capito. Trial is scheduled to commence
on February 11, 2020.
The prosecution is seeking testimony at trial from three Senate
witnesses who received the telephone calls at issue: current employees
of Senator Brown's and Senator Capito's offices and a former employee
of Senator Brown's office. Senators Brown and Capito would like to
cooperate with this request by providing relevant employee testimony
and, if necessary, documents from their offices.
The enclosed resolution would authorize those staffers, and any other
[[Page S945]]
current or former employee of the Senators' offices from whom relevant
evidence may be necessary, to testify and produce documents in this
action, with representation by the Senate Legal Counsel.
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