August 6, 2026
Mr. Thune (for himself and Mr. Schumer) submitted the following resolution; which was considered and agreed to
To authorize testimony and representation by the Senate Legal Counsel.
Whereas, the Office of the United States Attorney for the District of Massachusetts has requested employee testimony from the office of Senator Elizabeth Warren for use in a criminal threat investigation;
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 represent current and former employees of the Senate with respect to any subpoena, order, or request for testimony or documents 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 evidence under the control or in the possession of the Senate 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 promite the administration 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
Sec.
That employees of the office of Senator Elizabeth Warren from whom relevant evidence may be necessary are authorized to provide testimony in this investigation and any future legal proceedings in this matter, except concerning matters for which a privilege should be asserted.
Sec. 2.
The Senate Legal Counsel is authorized to represent the employees of Senator Warren's office in connection with the production of testimony authorized in section one of this resolution.