116TH CONGRESS

H. RES. Hi

Authorizing the Committee on the Judiciary to initiate or intervene in judicial
proceedings to enforce certain subpoenas and for other purposes.

 

IN THE HOUSE OF REPRESENTATIVES

Mr. MCGOVERN submitted the following resolution; which was referred to the
Committee on

 

 

RESOLUTION

Authorizing the Committee on the Judiciary to initiate or
intervene in judicial proceedings to enforce certain sub-

poenas and for other purposes.

Resolved, That the chair of the Committee on the u-
diciary of the House of Representatives is authorized, on
behalf of such Committee, to initiate or intervene in any
judicial proceeding before a Federal court?

(1) to seek declaratory judgments and any and
all ancillary relief, including injunctive relief, af?rm-
ing the duty of?

(A) William P. Barr, Attorney General,



US. Department of Justice, to comply with the

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2

subpoena that is the subject of the resolution
accompanying House Report 116-125; and
(B) Donald F. McGahn, II, former White
House Counsel, to comply with the subpoena
issued to him on April 22, 2019; and
(2) to petition for disclosure of information re-
garding any matters identified in or relating to the
subpoenas referred to in paragraph (1) or any ac?
companying report, pursuant to Federal Rule of

Criminal Procedure including Rule 

(providing that the court may authorize disclosure of

a grand-jury matter ?preliminarily a judicial

proceeding?).

Resolved, That the chair of each standing and perma-
nent select committee, when authorized by the Bipartisan
Legal Advisory Group, retains the ability to initiate or in-
tervene in any judicial proceeding before a Federal court
on behalf of such committee, to seek declaratory judg-
ments and any and all ancillary relief, including injunctive
relief, affirming the duty of the recipient of any subpoena
duly iSSued by that committee to comply with that sub-
poena. Consistent with the Congressional Record state?
ment on January 3, 2019, by the chair of the Committee
on Rules regarding the civil enforcement of subpoenas

pursuant to clause 8(b) of rule II, a vote of the Bipartisan

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3

Legal Advisory Group to authorize litigation and to articu-
late the institutional position of the House in that litiga-
tion is the equivalent of a vote of the full House of Rep-
resentativcs.

Resolved, That in connection with any judicial pro?
ceeding brought under the first or second resolving
clauses, the chair of any standing or permanent select
committee exercising authority thereunder has any and all
necessary authority under Article I of the Constitution.

Resolved, That the chair of any standing or perma-
nent select committee exercising authority described in the
first or second resolving clause shall notify the House of
Representatives, With respect to the commencement of any
judicial proceeding thereunder.

Resolved, That the Office of General Counsel of the
House of Representatives shall, with the authorization of
the Speaker, represent any standing or permanent select
committee in any judicial proceeding initiated or inter-
vened in pursuant to the authority described in the first
or second resolving clause.

Resolved, That the Office of General Counsel of the
House of Representatives is authorized to retain private
counsel, either for pay or pro bone, to assist in the rep-
resentation of any standing or permanent select committee

in any judicial proceeding initiated or intervened in pursu-

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1 ant to the authority described in the first or second resolv-

2 ing clause.

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