Senate Resolution 316--To Authorize Representation By the Senate Legal Counsel in the Case of Ao Alfa-Bank V. John Doe, Et Al

Floor Speech

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Mr. SCHUMER. Mr. President, on behalf of myself and the distinguished Republican leader, Mr. McConnell, I send to the desk a resolution authorizing representation by the Senate Legal Counsel and ask for its immediate consideration.

Mr. President, this resolution concerns third-party subpoenas to a Senate employee from Alfa Bank, the plaintiff in a lawsuit pending in Florida State court. The plaintiff, a large Russian bank, alleges in its lawsuit that unnamed defendants used cyber tools to create internet log data appearing to show communications between computer servers of the plaintiff and the Trump Organization, causing negative publicity. Alfa Bank is conducting third-party discovery to identify the unnamed persons it alleges conspired against it. As part of that attempted discovery, it has issued two subpoenas to a staff member of the Committee on Armed Services seeking testimony and Committee documents regarding his work for the Committee in examining the publicly-reported allegations about possible clandestine internet communications between plaintiff and the Trump Organization.

Because the subpoenas seek testimony and documents relating to information gathering activities the staff person undertook as part of his duties for the Committee, they request information that is absolutely privileged under the Speech or Debate Clause. In addition, sovereign immunity precludes enforcement of State court subpoenas against officials and employees of the Federal government. This resolution would authorize the Senate Legal Counsel to represent the Committee on Armed Services and its staff member and move to quash the subpoenas, at the request of the Committee.

In addition, to demonstrate to the court the applicability of the Speech or Debate Clause privilege in this matter, the resolution authorizes the Majority Staff Director of the Committee to provide a limited declaration in support of the motion to quash. By submitting this limited declaration solely to establish its privilege, the Committee is not waiving, and, indeed, continues to assert, its absolute Speech or Debate Clause privilege against being compelled to produce any information in this matter.

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