A resolution to authorize representation by the Senate Legal Counsel in the case of Shawn Musgrave v. J. Thomas Manger, et al.

Mr. President, this resolution concerns a lawsuit filed in Federal court in the District of Columbia against the Secretary of the Senate and her office and that seeks to force the Secretary to provide the plaintiff with a copy of the Senate security manual. That manual, which is for internal Senate use and is not publicly available, sets forth the procedures for handling classified national security information within the Senate. Plaintiff claims that he has a common law right, never before applied to Senate records, to review this Senate document despite the security manual being restricted to internal Senate distribution given the sensitivity of the procedures for protecting classified information maintained by the Senate.

Plaintiff's suit seeking to compel the production of this Senate document encroaches upon the Senate's constitutional prerogative to decide which documents to keep confidential and interferes with the independence of the Senate in establishing its own internal rules and guidelines for handling information necessary to carrying out its legislative and oversight responsibilities. This resolution would authorize the Senate legal counsel to represent the Secretary and her office in this case 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. 406, 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.