[Congressional Record Volume 140, Number 82 (Friday, June 24, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 24, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          AUTHORITY FOR REPRESENTATION BY SENATE LEGAL COUNSEL

  Mr. MITCHELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Senate Resolution 233, a 
resolution authorizing representation by the Senate legal counsel, 
submitted earlier today by myself; that the resolution be agreed; the 
preamble adopted; that the motion to reconsider be laid upon the table; 
and, that my explanatory statement appear at the appropriate place in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the resolution (S. Res. 233) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, is as follows:

                              S. Res. 233

       Whereas, in the case of Bahre v. Butler, Case No. 9410917-
     05, pending in the Superior Court for Cobb County, Georgia, 
     the plaintiff has caused to be issued subpoenas for the 
     testimony of Senators Bob Dole, Sam Nunn, and Paul Coverdell;
       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 Members 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 
     can, by administrative or judicial process, be taken from 
     such control or possession but by permission of the Senate;
       Whereas, by Rule VI of the Standing Rules of the Senate, no 
     Senator shall absent himself from the service of the Senate 
     without leave: Now, therefore, be it
       Resolved, That the Senate Legal Counsel is authorized to 
     represent Senators Bob Dole, Sam Nunn, and Paul Coverdell in 
     connection with the subpoenas in Bahre v. Butler.

  Mr. MITCHELL. Mr. President, the plaintiff in a child custody action 
against her former spouse has caused subpoenas to be issued for the 
testimony of Senators Dole, Nunn, and Coverdell in the Superior Court 
for Cobb County, GA.
  None of the Senators has any relevant testimony to contribute to the 
disposition of this case. This resolution would authorize the Senate 
legal counsel to represent the Senators in order to move to quash the 
subpoenas.

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