Title 2, The CongressRelease 119-102
§288c Defending the Senate, Committee, Subcommittee, Member, Officer, or Employee of Senate
Title 2 › CHAPTER 9D — OFFICE OF SENATE LEGAL COUNSEL › § 288c
Summary
When ordered under section 288b(a), the Counsel must defend the Senate, its committees or subcommittees, and its Members, officers, or employees in civil lawsuits in any federal, state, or local court if the case challenges a Senate proceeding or action—like issuing a subpoena or order—done in their official role. The Counsel will only represent a Member, officer, or employee if that person agrees.
Full Legal Text
Title 2, §288c
The Congress, Source: USLM XML via OLRC
(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.
Legislative History
Notes & Related Subsidiaries
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.
Reference
Citations & Metadata
Citation
2 U.S.C. § 288c
Title 2, The Congress
Last Updated
Aug 21, 2026
Release point: 119-102