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2 U.S.C. § 288cDefending the Senate, committee, subcommittee, member, officer, or employee of Senate

submitted 48 years ago by Pub. L. 95-521 to r/title-2-THE-CONGRESS · 190 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section describes what the Senate Legal Counsel does when directed to defend the Senate or its people. The Counsel defends the Senate, a committee, subcommittee, member, officer, or employee in lawsuits that challenge the validity of something they did, like issuing a subpoena, and in disputes over a subpoena or order sent to them. But the Counsel can only represent an individual member, officer, or employee if that person agrees to it.

(a) When to defend. Except as subsection (b) says otherwise, once directed under section 288b(a) of this title, the Counsel must: (1) defend the Senate, or a committee, subcommittee, Member, officer, or employee of the Senate, in any civil lawsuit pending in a federal, state, or local court where the Senate (or that committee, subcommittee, Member, officer, or employee) has been sued as a defendant, and where the lawsuit challenges the validity of some official proceeding or action they took — including issuing a subpoena or order — in their official or representative role; or (2) defend the Senate, or such a committee, subcommittee, Member, officer, or employee, in any proceeding over a subpoena or order that was directed at them in that official or representative role. (b) Consent required for individuals. The Counsel may only represent a Member, officer, or employee under subsection (a) if that Member, officer, or employee agrees to it.
the actual law source: uscode.house.gov ↗public domain
(a)

Except as otherwise provided in subsection (b), when directed to do so pursuant to section 288b(a) of this title, the Counsel shall—

(1)

defend the Senate, a committee, subcommittee, Member, officer, or employee of the Senate in any civil action pending in any court of the United States or of a State or political subdivision thereof, in which the Senate, such committee, subcommittee, Member, officer, or employee is made a party defendant and in which there is placed in issue the validity of any proceeding of, or action, including issuance of any subpena or order, taken by the Senate, or such committee, subcommittee, Member, officer, or employee in its or his official or representative capacity; or

(2)

defend the Senate or a committee, subcommittee, Member, officer, or employee of the Senate in any proceeding with respect to any subpena or order directed to the Senate or such committee, subcommittee, Member, officer, or employee in its or his official or representative capacity.

(b)

Representation of a Member, officer, or employee under subsection (a) shall be undertaken by the Counsel only upon the consent of such Member, officer, or employee.

Source credit: (Pub. L. 95–521, title VII, § 704, Oct. 26, 1978, 92 Stat. 1877.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-521 · 92 Stat. 1877

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-521 on 1978-10-26.

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