III 112th CONGRESS 2d Session S. RES. 403 IN THE SENATE OF THE UNITED STATES March 21, 2012 Mr. Reid (for himself and Mr. McConnell) submitted the following resolution; which was considered and agreed to RESOLUTION To authorize testimony, document production, and legal representation in United States v. Richard F. Dickie Scruggs.

Whereas, in the case of United States v. Richard F. Dickie Scruggs, Case No. 3:09–CR–00002–GHD–SAA, pending in the United States District Court for the Northern District of Mississippi, the defense has served a subpoena for testimony on Hugh Gamble, a former employee of Senator Trent Lott, and a subpoena for testimony and document production on Brad Davis, an employee of Senator Thad Cochran; 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; 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 Hugh Gamble, Brad Davis, and any other employee from whom testimony may be necessary are authorized to testify, and Brad Davis is authorized to produce documents, in the case of United States v. Richard F. Dickie Scruggs, except concerning matters for which a privilege should be asserted.

2.The Senate Legal Counsel is authorized to represent Hugh Gamble, Brad Davis, and any other employee of the Senate from whom evidence may be sought, in connection with the testimony and document production authorized in section one of this resolution.