A resolution to authorize testimony, document production, and representation by the Senate Legal Counsel in the case of In re Architect of the Capitol Employment Dispute.
This Senate resolution authorizes Nichole Kotschwar, the Deputy Staff Director of the Senate Committee on Rules and Administration, to provide testimony and produce documents in the federal case In re Architect of the Capitol Employment Dispute (No. 1:24-mc-00032 in the U.S. District Court for the District of Columbia). It also authorizes the Senate Legal Counsel to represent Kotschwar in this matter. The authorization relies on the Ethics in Government Act and Senate privileges to allow the Senate to direct counsel representation and regulate the handling of any testimony or evidence. Importantly, the resolution preserves the ability to assert privileges or objections where appropriate, meaning Kotschwar may refrain from disclosing information that falls under privilege. In short, the measure ensures that a Senate employee requested to testify or provide documents is legally protected and properly represented, while maintaining the Senate’s prerogatives to control its own information and privilege boundaries.
Key Points
- 1Authorizes Nichole Kotschwar to provide testimony and produce documents in In re Architect of the Capitol Employment Dispute, with exceptions for privileged matters.
- 2authorizes the Senate Legal Counsel to represent Kotschwar in this case.
- 3Grounded in the Ethics in Government Act of 1978 (sections 703(a) and 704(a)(1)) and 2 U.S.C. 288b(a) and 288c(a)(2), which allow the Senate to direct counsel representation for current/former employees concerning subpoenas or evidence requests related to official duties.
- 4Reinforces the Senate’s privileges (including Rule XI) that no Senate-controlled evidence can be taken by courts or admins without Senate permission.
- 5Specifies that the authorization is limited to this case, and privilege objections may be asserted as needed.