[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 443 Agreed to Senate (ATS)]







108th CONGRESS
  2d Session
S. RES. 443

 To authorize testimony, document production, and legal representation 
                  in United States v. Roberto Martin.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2004

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

_______________________________________________________________________

                               RESOLUTION


 
 To authorize testimony, document production, and legal representation 
                  in United States v. Roberto Martin.

Whereas, in the case of United States v. Roberto Martin, Crim. No. 04-CR-20075, 
        pending in federal district court in the Southern District of Florida, 
        testimony and documents have been requested from an employee in the 
        office of Senator Bob Graham;
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 consistent with the 
        privileges of the Senate: Now, therefore, be it
    Resolved, That employees of Senator Graham's office from whom 
testimony or the production of documents may be required are authorized 
to testify and produce documents in the case of United States v. 
Roberto Martin, except concerning matters for which a privilege should 
be asserted.
    Sec. 2. The Senate Legal Counsel is authorized to represent Senator 
Graham's staff in the action referenced in section one of this 
resolution.
                                 <all>