III 111th CONGRESS 1st Session S. RES. 250 IN THE SENATE OF THE UNITED STATES August 6, 2009 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 People of the State of California v. Amir Shervin.

Whereas, in the case of People of the State of California v. Amir Shervin, No. 05–221878, pending in Superior Court in Alameda County, California, the prosecution has sought testimony from Eric Vizcaino, an employee of Senator Barbara Boxer; 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 an employee 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

That Eric Vizcaino and any other employee of Senator Boxer's office from whom testimony may be necessary are authorized to testify in the case of People of the State of California v. Amir Shervin, except concerning matters for which a privilege should be asserted.

2.The Senate Legal Counsel is authorized to represent employees of Senator Boxer's office in connection with the testimony authorized in section one of this resolution.