[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 141 Agreed to Senate (ATS)]







107th CONGRESS
  1st Session
S. RES. 141

To authorize testimony and legal representation in People of the State 
                      of New York v. Adela Holzer.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2001

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

_______________________________________________________________________

                               RESOLUTION


 
To authorize testimony and legal representation in People of the State 
                      of New York v. Adela Holzer.

Whereas the District Attorney of the County of New York in the State of New York 
        is seeking testimony before the Grand Jury of the County of New York 
        from Garry Malphrus, an employee on the staff of the Committee on the 
        Judiciary, in a criminal action prosecuted by the People of the State of 
        New York against Adela Holzer;
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 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 or administrative 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 Garry Malphrus is authorized to testify in People of 
the State of New York v. Adela Holzer, except concerning matters for 
which a privilege should be asserted.
    Sec. 2. The Senate Legal Counsel is authorized to represent Garry 
Malphrus in connection with the testimony authorized in section 1 of 
this resolution.
                                 <all>