in two criminal cases pending in Federal district court in the District of Columbia and arising out of the events of January 6, 2021, the prosecution has requested testimony from a Senate witness. In these cases, brought against Leo Christopher Kelly and Rachel Powell, respectively, trials are expected to commence in early May, and the prosecution has requested testimony from Daniel Schwager, formerly counsel to the Secretary of the Senate, concerning his knowledge and observations of the process and constitutional and legal bases for Congress' counting of the Electoral College votes. The prosecution in the Kelly case has additionally requested Mr. Schwager's testimony regarding certain property destruction that occurred on January 6, 2021. Senate Secretary Berry would like to cooperate with these requests by providing relevant testimony in these trials from Mr. Schwager. In keeping with the rules and practices of the Senate, these resolutions would authorize the production of relevant testimony from Mr. Schwager, with representation by the Senate legal Counsel.
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