A resolution to authorize representation by the Senate Legal Counsel in the case of Shawn Musgrave v. Mark Warner and the U.S. Senate Select Committee on Intelligence.

Mr. President, this resolution concerns a lawsuit filed in Federal court in the District of Columbia against the Select Committee on Intelligence and Chairman Warner, that attempts to force the committee to release to the plaintiff the full report of the Committee's in-depth study of the CIA's terrorist detention and interrogation program. Plaintiff claims that he has a common law right, never before applied to Senate records, to review this committee document despite the report being classified and despite the committee having not chosen to release the report publicly and having submitted it to the Senate confidentially.

It is important to note that the committee has already released the lengthy executive summary and the findings and conclusions from the report, after a declassification review; so the public has been informed of the committee's work and the findings and conclusions of its study.

Plaintiff's attempt to force the Senate to release to him the full report not only contravenes the Senate's constitutional prerogative to decide which documents to keep confidential, but also interferes with the independence of the Senate in conducting its legislative and oversight duties. This resolution would authorize the Senate legal counsel to represent the Select Committee on Intelligence and Chairman Warner in order to seek dismissal of this suit.

Mr. President, I ask unanimous consent that the Senate

proceed to the immediate consideration of S. Res. 405, which was submitted earlier today.

I further ask that the resolution be agreed to, the preamble be agreed to, and the motions to reconsider be considered made and laid upon the table with no intervening action or debate.