[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 86 Agreed to Senate (ATS)]







108th CONGRESS
  1st Session
S. RES. 86

 To authorize testimony and legal representation in W. Curtis Shain v. 
                        G. Hunter Bates, et al.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 13, 2003

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

_______________________________________________________________________

                               RESOLUTION


 
 To authorize testimony and legal representation in W. Curtis Shain v. 
                        G. Hunter Bates, et al.

Whereas in the case of W. Curtis Shain v. G. Hunter Bates, et al., No. 03-CI-
        00153, pending in Division II of the Oldham Circuit Court, Twelfth 
        Judicial Circuit, Commonwealth of Kentucky, an affidavit has been 
        requested from Senator Mitch McConnell;
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 Members 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;
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 Senator McConnell is authorized to provide testimony 
in the case of W. Curtis Shain v. G. Hunter Bates, et al., except 
concerning matters for which a privilege should be asserted and when 
his attendance at the Senate is necessary for the performance of his 
legislative duties.
    Sec. 2. The Senate Legal Counsel is authorized to represent Senator 
McConnell in connection with any testimony authorized in section one of 
this resolution.
                                 <all>