[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 146 Agreed to Senate (ATS)]

103d CONGRESS
  1st Session
S. RES. 146

  To authorize testimony, production of documents, and representation.


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                   IN THE SENATE OF THE UNITED STATES

           September 23 (legislative day, September 7), 1993

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

_______________________________________________________________________

                               RESOLUTION


 
  To authorize testimony, production of documents, and representation.

Whereas, in the case of United States v. Deborah Gore Dean, Cr. No. 92-0181, 
        pending in the United States District Court for the District of 
        Columbia, the defendant has caused a subpoena to be served on former 
        Senator William Proxmire, and has placed several current and former 
        Members of the Senate on a list of potential witnesses filed with the 
        court;
Whereas, by the privileges of the Senate of the United States and rule XI of the 
        Standing Rules of the Senate, no evidence under the control or in the 
        possession of the Senate may, by the judicial process, be taken from 
        such control or possession but by permission of the Senate;
Whereas, when it appears that evidence under the control or in the possession of 
        the Senate may promote the administration of justice, the Senate will 
        take such action as will promote the ends of justice consistently with 
        the privileges of the Senate;
Whereas, in regard to present Senators, by rule VI of the Standing Rules of the 
        Senate, no Senator shall absent himself or herself from the service of 
        the Senate without leave;
Whereas, pursuant to sections 703(a) and 704(a)(2) of the Ethics in Government 
        Act of 1978 (2 U.S.C. Sec. 288b(a) and 288c(a)(2) (1988)), the Senate 
        may direct its counsel to represent committees with respect to subpoenas 
        or orders issued to them, and to represent Members and employees of the 
        Senate with respect to subpoenas or orders issued to them in their 
        present or former official capacity: Now, therefore, be it
    Resolved, That Senator William Proxmire and any other present or 
former Senators whose testimony or document production may be required 
are authorized to testify and produce documents in the trial of United 
States v. Deborah Gore Dean, Cr. No. 92-0181 (D.D.C.), except as to 
matters for which a privilege should be asserted and except, with 
respect to sitting Members of the Senate, when their attendance at the 
Senate is necessary for the performance of their legislative duties.
    Sec. 2. That the Senate Legal Counsel is directed to represent 
Senator William Proxmire and any other present or former Members in 
connection with the testimony or document production authorized under 
section 1.
    Sec. 3. That the authority provided by Senate Resolution 140, 103d 
Congress, for testimony by present and former Senate employees shall 
apply to document production by them, the authority provided by Senate 
Resolution 334, 102d Congress, for the production of documents to the 
Independent Counsel by the chairman and ranking minority member of the 
Committee on Banking, Housing, and Urban Affairs, shall apply to the 
production of documents by them to the defendant, and the Senate Legal 
Counsel is directed to represent the Committee on Banking, Housing, and 
Urban Affairs in connection with any subpoena to the committee for 
documents.

                                 <all>