[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 706 Agreed to Senate (ATS)]







110th CONGRESS
  2d Session
S. RES. 706

  To authorize testimony and legal representation in Peter Bergel v. 
                        Pacific Gas & Electric.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           November 17 (legislative day, September 17), 2008

   Mr. Reid (for himself and Mr. McConnell), submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION


 
  To authorize testimony and legal representation in Peter Bergel v. 
                        Pacific Gas & Electric.

Whereas, in the case of Peter Bergel v. Pacific Gas & Electric, No. 0712-15723, 
        pending in Multnomah County Circuit Court in Portland, Oregon, the 
        defendant has requested testimony from Denise Racanelli, an employee in 
        the office of Senator Gordon Smith;
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 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 Denise Racanelli is authorized to testify in the 
case of Peter Bergel v. Pacific Gas & Electric, except concerning 
matters for which a privilege should be asserted.
    Sec. 2.  The Senate Legal Counsel is authorized to represent Denise 
Racanelli in connection with the testimony authorized in section one of 
this resolution.
                                 <all>