[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 432 Agreed to Senate (ATS)]








109th CONGRESS
  2d Session
S. RES. 432

 To authorize testimony of a Member of the Senate in E.M. Gunderson v. 
                            Neil G. Galatz.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 5, 2006

Mr. Frist submitted the following resolution; which was considered and 
                               agreed to

_______________________________________________________________________

                               RESOLUTION


 
 To authorize testimony of a Member of the Senate in E.M. Gunderson v. 
                            Neil G. Galatz.

Whereas, in E.M. Gunderson v. Neil G. Galatz, File No. 04-106, pending before 
        the Fee Dispute Arbitration Committee of the State Bar of Nevada, the 
        petitioner has requested an affidavit from Senator Harry Reid;
Whereas, pursuant to sections 703(a) and 704(a)(2) of the Ethics in Government 
        Act of 1978, 2 U.S.C. 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 Harry Reid is authorized to testify in the 
case of E.M. Gunderson v. Neil G. Galatz, except when his attendance at 
the Senate is necessary for the performance of his legislative duties 
and except concerning matters for which a privilege should be asserted.
    Sec. 2. The Senate Legal Counsel is authorized to represent Senator 
Harry Reid in connection with the testimony authorized in section one 
of this resolution.
                                 <all>