[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 323 Agreed to Senate (ATS)]







107th CONGRESS
  2d Session
S. RES. 323

 To authorize testimony and representation in Senator Mitch McConnell, 
 et al. v. Federal Election Commission, et al., and consolidated cases.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 5, 2002

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

_______________________________________________________________________

                               RESOLUTION


 
 To authorize testimony and representation in Senator Mitch McConnell, 
 et al. v. Federal Election Commission, et al., and consolidated cases.

Whereas, in the case of Senator Mitch McConnell, et al. v. Federal Election 
        Commission, et al., No. 02-CV-582, and consolidated cases, pending in 
        the United States Court for the District of Columbia, notices for the 
        taking of depositions have been served on Senator Mitch McConnell, who 
        is a plaintiff, and Senators Olympia Snowe, James Jeffords, John McCain, 
        and Russell Feingold, who are intervenor-defendants;
Whereas, pursuant to sections 703(c) and 706(a) of the Ethics in Government Act 
        of 1978, 2 U.S.C. Sec. Sec. 288b(c) and 288e(a), the Senate may direct 
        its counsel to appear as amicus curiae in the name of the Senate in any 
        legal proceeding in which the powers and responsibilities of Congress 
        under the Constitution are placed in issue;
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;
Whereas, by rule VI of the Standing Rules of the Senate, no Senator shall absent 
        himself from the service of the Senate without leave; 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 consistent with the 
        privileges of the Senate: Now, therefore be it
    Resolved, That, in the case of Senator Mitch McConnell, et al. v. 
Federal Election Commission, et al., and consolidated cases, Senators 
Mitch McConnell, Olympia Snowe, James Jeffords, John McCain, and 
Russell Feingold, and any other Senator who agrees to participate in 
this litigation, are authorized to testify, except concerning matters 
for which a privilege should be asserted and when their attendance at 
the Senate is necessary for the performance of their legislative 
duties.
    Sec. 2. That the Senate Legal Counsel is authorized to appear as 
amicus curiae in the name of the Senate in the case of Senator Mitch 
McConnell, et al. v. Federal Election Commission, et al., and 
consolidated cases, to represent the interests of the Senate in 
connection with discovery sought from Senators in these cases.
                                 <all>