Authorizing Testimony, Document Production, and Representation By the Senate Legal Counsel in the Case of in Re Architect of the Capitol Employment Dispute

Floor Speech

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Mr. THUNE. Res. 262, which is at the desk.

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Mr. THUNE. Mr. President, this resolution concerns a subpoena for deposition testimony and documents in a civil action pending in Federal district court in the District of Columbia. Plaintiffs in this case, former employees of the Architect of the Capitol, have sued the Architect of the Capitol alleging discrimination based on gender, age, and military status or service.

Plaintiffs have sent a subpoena to Nichole Kotschwar, deputy staff director of the Senate Committee on Rules and Administration, seeking deposition testimony and document production regarding matters in connection with the underlying employment dispute. The subpoena implicates the Committee's constitutional privilege and presents concerns regarding imposing an undue burden on a nonparty Senate committee employee. On advice of counsel, the Rules Committee seeks Senate authorization for Ms. Kotschwar, on behalf of the committee, to provide testimony and produce documents and communications with individuals outside of Congress relating to the requests of the subpoena.

This resolution would authorize the testimony and production of documents from Ms. Kotschwar except where a privilege or objection should be asserted. The resolution also authorizes the Senate legal counsel to represent Ms. Kotschwar in this matter.
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Mr. THUNE. on Thursday, June 5; that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day, morning business be closed, and the Senate proceed to executive session to resume consideration of Executive Calendar No. 144, James O'Neill, under the previous order; further, that notwithstanding rule XXII, the cloture motions filed during Tuesday's session of the Senate ripen following disposition of the O'Neill nomination and if cloture is invoked on the Eisenberg nomination, the postcloture time expire at 1:45 p.m. tomorrow; finally, that if cloture is invoked on the Shumate nomination, all postcloture time be expired and the Senate vote on confirmation of the Shumate nomination at a time to be determined by the majority leader in consultation with the Democratic leader, on Monday, June 9.

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