[Congressional Record Volume 140, Number 114 (Monday, August 15, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 15, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                AUTHORITY TO TESTIFY WITH REPRESENTATION

  Mr. DASCHLE. On behalf of the majority whip and the Republican 
leader, I send a resolution to the desk authorizing a Senate employee 
to testify with representation, and I ask unanimous consent that the 
Senate proceed to its immediate consideration; that the resolution be 
agreed to; that the preamble be agreed to; that the motion to 
reconsider be laid upon the table; and that a statement by Senator Ford 
appear at the appropriate place in the Record.
  Mr. DURENBERGER. We have no objection.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FORD. Mr. President, the Department of Justice has caused a 
subpoena to be issued to a Senate employee on Senator Mitchell's staff 
named Mary Leblanc to testify in connection with a pending 
investigation into potential fraud in Farmers Home Administration 
programs. The Justice Department's investigation is into possible 
wrongdoing by private citizens in connection with applications for 
Federal loan assistance. The Department has advised the Office of 
Senate Legal Counsel with regard to this subpoena that no wrongdoing by 
anyone on Senator Mitchell's staff is in any way involved.
  In response to this subpoena, this resolution would authorize May 
Leblanc to testify in this investigation and to be represented by the 
Senate Legal Counsel.
  So the resolution was agreed to.
  The preamble was agreed to.
  The resolution (S. Res. 249), with its preamble, is as follows:

                              S. Res. 249

       Whereas, the Department of Justice has caused a subpoena to 
     be issued for the testimony of Mary Leblanc, an employee of 
     the Senate on the staff of Senator George J. Mitchell, as a 
     witness in connection with a pending investigation into 
     potential fraud by private citizens in Farmers Home 
     Administration programs;
       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, when it appears that evidence under the control or 
     in the possession of the Senate is needed for the promotion 
     of justice, the Senate will take such action as will promote 
     the ends of justice consistent 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), the Senate may direct its counsel to 
     represent employees of the Senate with respect to subpoenas 
     issued to them in their official capacities: Now, therefore, 
     be it
       Resolved, That Mary Leblanc is authorized to testify in 
     conjunction with law enforcement investigations or related 
     proceedings, except concerning matters for which a privilege 
     should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Mary Leblanc in connection with the testimony authorized by 
     section 1 of this resolution.

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