What This Bill Does
This resolution allows Daniel Schwager, a former employee of the Senate's office, to testify in a court case called United States v. Grillo. The Senate Legal Counsel will represent him during this process.
Who It Affects
Daniel Schwager, a former employee of the Office of the Secretary of the Senate and any current or former officers or employees of the Secretary's office.
Key Provisions
• Daniel Schwager is authorized to provide relevant testimony in United States v. Grillo, except for matters where legal privilege should be claimed (Section 1)
• The Senate Legal Counsel is authorized to represent Daniel Schwager and any current or former officer or employee of the Secretary's office in connection with producing evidence in this case (Section 2)
What Changes
Daniel Schwager may now provide testimony in the court case, with the Senate Legal Counsel helping represent him. Previously, his ability to testify would have been limited by Senate privileges.
Important Definitions
• Privilege: A legal protection that allows certain information to be kept confidential and not disclosed in court proceedings.
Effective Date
Not specified in bill text
III
118TH CONGRESS
1ST SESSION
S. RES. 132
To authorize testimony and representation in United States v. Grillo.
IN THE SENATE OF THE UNITED STATES
MARCH 28, 2023
Mr. SCHUMER (for himself and Mr. MCCONNELL) submitted the following
resolution; which was considered and agreed to
RESOLUTION
To authorize testimony and representation in United States
v. Grillo.
Whereas, in the case of United States v. Grillo, Cr. No. 21-
690 (D.D.C.), pending in the United States District
Court for the District of Columbia, the prosecution has
requested the production of testimony from Daniel
Schwager, a former employee of the Office of the Sec-
retary 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. §§ 288b(a)
and 288c(a)(2), the Senate may direct its counsel to rep-
resent current and former officers and employees of the
Senate with respect to any subpoena, order, or request
for evidence relating to their official responsibilities;
VerDate Sep 11 2014
01:19 Mar 29, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6300
E:\BILLS\SR132.ATS
SR132
pbinns on DSKJLVW7X2PROD with $$_JOB
2
SRES 132 ATS
Whereas, by the privileges of the Senate of the United States
and Rule XI of the Standing Rules of the Senate, no evi-
dence under the control or in the possession of the Sen-
ate may, by the judicial or administrative process, be
taken from such control or possession but by permission
of the Senate; and
Whereas, when it appears that evidence under the control or
in the possession of the Senate may promote the adminis-
tration of justice, the Senate will take such action as will
promote the ends of justice consistent with the privileges
of the Senate: Now, therefore, be it
Resolved, That Daniel Schwager, a former employee
1
of the Office of the Secretary of the Senate, is authorized
2
to provide relevant testimony in the case of United States
3
v. Grillo, except concerning matters for which a privilege
4
should be asserted.
5
SEC. 2. The Senate Legal Counsel is authorized to
6
represent Mr. Schwager, and any current or former officer
7
or employee of the Secretary’s office, in connection with
8
the production of evidence authorized in section one of this
9
resolution.
10
Æ
VerDate Sep 11 2014
01:19 Mar 29, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6301
E:\BILLS\SR132.ATS
SR132
pbinns on DSKJLVW7X2PROD with $$_JOB