[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 239 Agreed to Senate (ATS)]







105th CONGRESS
  2d Session
S. RES. 239

 To authorize testimony and document production and representation of 
   Senate employees in Pointe Properties, Inc., et al. v. Michael J. 
                            Bevenour, et al.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 1, 1998

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

_______________________________________________________________________

                               RESOLUTION


 
 To authorize testimony and document production and representation of 
   Senate employees in Pointe Properties, Inc., et al. v. Michael J. 
                            Bevenour, et al.

Whereas, in the case of Pointe Properties, Inc., et al. v. Michael J. Bevenour, 
        et al., No. 96-CA-009720, pending in the Superior Court for the District 
        of Columbia, testimony has been requested from Mike Morrill, an employee 
        on the staff of Senator Barbara A. Mikulski;
Whereas, pursuant to sections 703(a) and 704(a)(2) of the Ethics in Government 
        Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) and 288c(a)(2), the Senate may 
        direct its counsel to represent employees of the Senate with respect to 
        any subpoena, order, or request for testimony or the production of 
        documents relating to their official responsibilities;
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; and
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: Now, therefore, be it
    Resolved, That Mike Morrill, and any other employee from whom 
testimony or document production may be required, are authorized to 
testify and produce documents in the case of Pointe Properties, Inc., 
et al. v. Michael J. Bevenour, et al., except concerning matters for 
which a privilege should be asserted.
    Sec. 2. The Senate Legal Counsel is authorized to represent Mike 
Morrill, and any other employee from whom testimony or document 
production may be required, in connection with Pointe Properties, Inc., 
et al. v. Michael J. Bevenour, et al.
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