[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 360 Agreed to Senate (ATS)]

113th CONGRESS
  2d Session
S. RES. 360

 To authorize testimony and representation in United States v. Onstad.


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                   IN THE SENATE OF THE UNITED STATES

                           February 24, 2014

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

_______________________________________________________________________

                               RESOLUTION


 
 To authorize testimony and representation in United States v. Onstad.

Whereas, in the case of United States v. Onstad, Crim. No. 13-65, pending in the 
        United States District Court for the District of Montana, the 
        prosecution has requested the production of testimony from Tom Lopach, 
        Chief of Staff for United States Senator Jon Tester;
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 current and former 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 Tom Lopach, Chief of Staff for United States Senator 
Jon Tester, and any other current or former employee of the Senator's 
office from whom relevant testimony may be sought, are authorized to 
testify in the case of United States v. Onstad, except concerning 
matters for which a privilege should be asserted.
    Sec. 2.  The Senate Legal Counsel is authorized to represent 
current and former employees of Senator Tester's office in connection 
with the production of testimony authorized in section one of this 
resolution.
                                 <all>