[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 141 Agreed to Senate (ATS)]

103d CONGRESS
  1st Session
S. RES. 141

 To direct the Senate Legal Counsel to appear as amicus curiae in the 
       name of the Senate in United States v. Durenberger, et al.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 6 (legislative day, June 30), 1993

    Mr. Mitchell (for himself and Mr. Dole) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION


 
 To direct the Senate Legal Counsel to appear as amicus curiae in the 
       name of the Senate in United States v. Durenberger, et al.

Whereas, in the case of United States v. Durenberger, et al., Cr. No. 3-93-65, 
        pending in the United States District Court for the District of 
        Minnesota, Senator Dave Durenberger is charged with conspiring to submit 
        false claims to the Senate and his codefendants are charged with making 
        false statements to the Select Committee on Ethics in affidavits that 
        Senator Durenberger submitted to the Committee;
Whereas, this case places in issue Senator Durenberger's privilege under the 
        Speech or Debate Clause, Article I, Section 6, Clause 1 of the 
        Constitution, to be free from questioning in any other place about his 
        communications to the Ethics Committee; and
Whereas, pursuant to sections 703(c), 706(a), 709(l), and 713(a) of the Ethics 
        in Government Act of 1978, 2 U.S.C. 288b(c), 288e(a), 288h(1), and 
        288l(a) (1988), the Senate may direct its Counsel to appear as amicus 
        curiae in the name of the Senate in any legal action which places in 
        issue the powers and responsibilities of Congress under the 
        Constitution, including the privilege of Members to be free from 
        questioning in any other place about any speech or debate: Now, 
        therefore, be it
    Resolved, That the Senate Legal Counsel is directed to appear as 
amicus curiae in the name of the Senate in United States v. 
Durenberger, et al., to defend the constitutional privilege of Senators 
under the Speech or Debate Clause to be free from questioning in any 
other place about their communications to the Select Committee on 
Ethics.

                                 <all>