[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 699 Agreed to Senate (ATS)]

111th CONGRESS
  2d Session
S. RES. 699

To authorize testimony and legal representation in City of St. Paul v. 
 Irene Victoria Andrews, Bruce Jerome Berry, John Joseph Braun, David 
                Eugene Luce, and Elizabeth Ann McKenzie


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 9, 2010

   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 City of St. Paul v. 
 Irene Victoria Andrews, Bruce Jerome Berry, John Joseph Braun, David 
                Eugene Luce, and Elizabeth Ann McKenzie

Whereas, in the case of City of St. Paul v. Irene Victoria Andrews, Bruce Jerome 
        Berry, John Joseph Braun, David Eugene Luce, and Elizabeth Ann McKenzie, 
        Case No. 10-071-634, pending in Ramsey County District Court in St. 
        Paul, Minnesota, the prosecution has sought testimony from Shelly 
        Schafer, an employee of Senator Al Franken;
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;
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 Shelly Schafer is authorized to testify in the case 
of City of St. Paul v. Irene Victoria Andrews, Bruce Jerome Berry, John 
Joseph Braun, David Eugene Luce, and Elizabeth Ann McKenzie, except 
concerning matters for which a privilege should be asserted.
    Sec. 2.  The Senate Legal Counsel is authorized to represent Shelly 
Schafer, and any other employee from whom evidence may be sought, in 
connection with the testimony authorized in section one of this 
resolution.
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