[Congressional Record Volume 140, Number 24 (Tuesday, March 8, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 8, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
            AUTHORIZATION FOR TESTIMONY OF SENATE EMPLOYEES

  Mr. HOLLINGS. Madam President, on behalf of the majority leader and 
the Republican leader, I send a resolution to the desk authorizing the 
testimony of Senate employees. I ask unanimous consent that the Senate 
proceed to its immediate consideration, the resolution be adopted, the 
preamble be agreed to, that the motion to reconsider be laid upon the 
table, and a statement by the majority leader be placed in the Record 
at the appropriate place.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. MITCHELL. Madam President, in Haywood Galbreath v. Associated 
Press, case No. CV 933132 RJK, pending in the U.S. District Court for 
the Central District of California, the plaintiff seeks damages from 
the defendant Associated Press for, among other things, alleged 
interference with prospective economic advantage. The plaintiff 
contends that the actions of the Associated Press caused him to be 
denied press credentials for the 1993 Presidential inaugural ceremonies 
at the Capitol. This occurred, it is alleged, because the Standing 
Committee of Press Photographers, which issued the credentials, was 
chaired by an employee of Associated Press.
  The defendant Associated Press has requested that Maurice Johnson, 
the superintendent of the Senate Press Photographers' Gallery, provide 
testimony concerning the process of granting press credentials for the 
inaugural ceremonies. The Joint Congressional Committee on Inaugural 
Ceremonies was responsible for making the necessary arrangements for 
the inaugural ceremonies. Mr. Johnson assisted in the task of 
allocating press credentials for the inaugural ceremonies.
  This lawsuit involves a dispute solely between private parties. There 
is no claim that any committee or employee of the Congress acted 
improperly, nor is the Standing Committee of Press Photographers a 
defendant. The inaugural ceremony is a congressional function, and the 
courts have held, Consumers Union of United States, Inc. v. Periodical 
Correspondents' Association, 515 F.2d 1341, 1351 (D.C. Cir. 1975), 
cert. denied, 423 U.S. 1051 (1976), that the responsibility for press 
accreditation in the Congress is committed to the Congress and not 
subject to judicial review. Nevertheless, in the interests of justice, 
the Senate may provide evidence under its control to aid the court in 
evaluating the claims between private parties in this case.
  The proposed resolution would authorize testimony by Maurice Johnson, 
as well as the production of documents and the testimony of any other 
Senate employee that may be required. It also would authorize the 
Senate legal counsel to represent any employees in connection with 
their testimony or the production of documents in this case.
  So the resolution was agreed to.
  The preamble was agreed to.
  The resolution (S. Res. 184), with its preamble, is as follows:

                              S. Res. 186

       Whereas, in the case of Haywood Galbreath v. Associated 
     Press, Case No. CV 933132, pending in the United States 
     District Court for the Central District of California, the 
     defendant Associated Press seeks the testimony of Maurice 
     Johnson, an employee of the Senate who is the Superintendent 
     of the Press Photographers' Gallery of the Senate;
       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 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 consistently with the 
     privileges of the Senate;
       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) (1988), the Senate may direct its counsel to 
     represent committees, Members, officers and employees of the 
     Senate with respect to testimony and documents provided in 
     their official capacity: Now, therefore, be it
       Resolved, That Maurice Johnson, and any other employee of 
     the Senate from whom testimony or the production of documents 
     is required, are authorized to testify and to produce 
     documents in the case of Haywood Galbreath v. Associated 
     Press, except concerning matters for which a privilege should 
     be asserted.
       Sec. 2. That the Senate Legal Counsel is directed to 
     represent Maurice Johnson, and any other employee of the 
     Senate whose testimony is required, in connection with the 
     testimony and production of documents authorized under 
     section 1.

  Mr. HOLLINGS. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. PELL. Madam President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________