III 118TH CONGRESS 1ST SESSION S. RES. 177 To authorize testimony and representation in United States v. Powell. IN THE SENATE OF THE UNITED STATES APRIL 26, 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. Powell. Whereas, in the case of United States v. Powell, Cr. No. 21- 179, 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 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. §§ 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; Whereas, by the privileges of the Senate of the United States and Rule XI of the Standing Rules of the Senate, no evi- VerDate Sep 11 2014 01:05 Apr 27, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR177.ATS SR177 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •SRES 177 ATS dence under the control or in the possession of the Sen- ate may, by the judicial or administrative process, be taken from such control or possession but by permission of the Senate; and Whereas, when it appears that evidence under the control or in the possession of the Senate may promote the adminis- tration of justice, the Senate will take such action as will promote the ends of justice consistent with the privileges of the Senate: Now, therefore, be it Resolved, That Daniel Schwager, a former employee 1 of the Office of the Secretary of the Senate, is authorized 2 to provide relevant testimony in the case of United States 3 v. Powell, except concerning matters for which a privilege 4 should be asserted. 5 SEC. 2. The Senate Legal Counsel is authorized to 6 represent Mr. Schwager, and any current or former officer 7 or employee of the Secretary’s office, in connection with 8 the production of evidence authorized in section one of this 9 resolution. 10 Æ VerDate Sep 11 2014 01:05 Apr 27, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\SR177.ATS SR177 pbinns on DSKJLVW7X2PROD with $$_JOB