[Congressional Record Volume 141, Number 64 (Thursday, April 6, 1995)]
[Senate]
[Page S5453]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


      SENATE RESOLUTION 106--RELATIVE TO THE SENATE LEGAL COUNSEL

  Mr. DOLE (for himself and Mr. Daschle) submitted the following 
resolution; which was considered and agreed to:

                               S.Res. 106

       Whereas, in the case of Pittston Coal Group, Inc. v. I.U., 
     UMWA, Case No. 93-0162-A, pending in the United States 
     District Court for the Western District of Virginia, a 
     subpoena for testimony at a deposition has been issued to 
     Marisa Spatafore, a former employee of the Senate on the 
     staff of Senator Rockefeller;
       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 subpoenas or orders issued to them in 
     their official capacity: Now, therefore, be it
       Resolved That Marisa Spatafore is authorized to testify in 
     the case of Pittston Coal Group, Inc., v. I.U., UMWA, except 
     concerning matters for which a privilege should be asserted.
       Sec. 2. That the Senate Legal Counsel is directed to 
     represent Senator Rockefeller, Marisa Spatafore, and any 
     other Member or employee of the Senate from whom testimony or 
     documents may be sought in connection with this case.

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