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Mr. SCHUMER. Mr. President, the third criminal trial arising out of the events of January 6, 2021, is scheduled to begin on April 4, 2022, in Federal district court in the District of Columbia. One of the two defendants in this case pleaded guilty earlier this month. The remaining defendant, Thomas Robertson, is going to trial and is charged with six counts: obstructing the counting by Congress of the electoral ballots for President and Vice President; obstructing the grand jury investigation related to the events of January 6, 2021, and his Federal prosecution by altering and destroying one or more cell phones; impeding and interfering with law enforcement officers during a civil disorder; entering and remaining in a restricted area within the U.S. Capitol and its grounds; and two counts of engaging in disorderly and disruptive conduct.
The prosecution has requested trial testimony from Daniel Schwager, formerly counsel to the Secretary of the Senate, related to the obstruction count, including his knowledge and observations of the process and constitutional and legal bases for Congress's certification of the electoral college vote. The prosecution is also seeking testimony at trial, if necessary, from Nate Russell and Diego Torres, custodians of records in the Senate Recording Studio, which operates under the authority of the Sergeant at Arms and Doorkeeper of the Senate, to authenticate Senate video of the proceeding that day. Senate Secretary Berry and Senate Sergeant at Arms Gibson would like to cooperate with these requests by providing relevant testimony in this proceeding from Messrs. Schwager, Russell, and Torres, respectively.
In keeping with the rules and practices of the Senate, this resolution would authorize the production of relevant testimony from Messrs. Schwager, Russell, and Torres, with representation by the Senate Legal Counsel.
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