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

#430 | HRES Congress #116

Last Action: COMMUNICATION TO THE HOUSE - The House received a communication from Jerrold Nadler, Chairman of the Committee on the Judiciary. Chairman Nadler notified the House of the initiation by the Committee on the Judiciary of the following judicial proceedings pursuant to H. Res. 430: 1. In Re: Application of the Committee on the Judiciary, U.S. House of Representatives, for an Order Authorizing the Release of Certain Grand Jury Materials, Misc. no. 1:19-gj-00048-BAH filed in the U.S. District Court for the District of Columbia on July 26, 2019. 2. Committee on the Judiciary, U.S. House of Representatives v. McGahn, No. 1:19-cv-2379 filed in the U.S. District Court for the District of Columbia on August 7, 2019. (9/16/2019)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 430 Engrossed in House (EH)]

<DOC>
H. Res. 430

                In the House of Representatives, U. S.,

                                                         June 11, 2019.
    Resolved, That the chair of the Committee on the Judiciary 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, affirming the duty of--
                    (A) William P. Barr, Attorney General, to comply with the 
                subpoena that is the subject of the resolution accompanying 
                House Report 116-105; 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 regarding any matters 
        identified in or relating to the subpoenas referred to in paragraph (1) 
        or any accompanying report, pursuant to Federal Rule of Criminal 
        Procedure 6(e), including Rule 6(e)(3)(E) (providing that the court may 
        authorize disclosure of a grand-jury matter ``preliminarily to * * * a 
        judicial proceeding'').
    Resolved,  That the chair of each standing and permanent select committee, 
when authorized by the Bipartisan Legal Advisory Group, retains the ability to 
initiate or intervene in any judicial proceeding before a Federal court on 
behalf of such committee, to seek declaratory judgments 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 
subpoena. Consistent with the Congressional Record statement 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 Legal 
Advisory Group to authorize litigation and to articulate the institutional 
position of the House in that litigation is the equivalent of a vote of the full 
House of Representatives.
    Resolved,  That in connection with any judicial proceeding 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 permanent 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 
intervened 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 
bono, to assist in the representation of any standing or permanent select 
committee in any judicial proceeding initiated or intervened in pursuant to the 
authority described in the first or second resolving clause.
            Attest:

                                                                          Clerk.