February 5, 2020 - Issue: Vol. 166, No. 24 — Daily Edition116th Congress (2019 - 2020) - 2nd Session
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. ____________________