[Congressional Record Volume 141, Number 76 (Tuesday, May 9, 1995)]
[Senate]
[Page S6368]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 AUTHORIZING TESTIMONY BY SENATE EMPLOYEE AND REPRESENTATION BY SENATE 
                             LEGAL COUNSEL

  Mr. GORTON. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Senate Resolution 119, 
submitted earlier today by Senators Dole and Daschle, authorizing 
representation by Senate legal counsel.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The legislative clerk read as follows:

       A resolution (S. Res. 119) to authorize testimony by Senate 
     employee and representation by Senate legal counsel.

  Mr. GORTON. Mr. President, I ask unanimous consent that the 
resolution be considered and agreed to, the preamble be agreed to and 
the motion to reconsider be laid upon the table; and that any 
statements relating to the resolution appear at the appropriate place 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the resolution (S. Res. 119) was considered and agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, is as follows:
       Whereas, in the case of United States v. George C. 
     Matthews, Case No. 95-CR-11, pending in the United States 
     District Court for the Eastern District of Wisconsin, a 
     subpoena for testimony has been issued to Darin Schroeder, an 
     employee of the Senate on the staff of Senator Feingold;
       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) (1994), 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 Darin Schroeder and any other employees in 
     Senator Feingold's office from whom testimony may be 
     necessary are authorized to testify and to produce records in 
     the case of United States v. George C. Matthews, except 
     concerning matters for which a privilege should be asserted.
       Sec. 2. That the Senate Legal Counsel is directed to 
     represent Darin Schroeder and any other employee in 
     connection with the testimony authorized under section 1.

  Mr. DOLE. Mr. President, the United States has issued a subpoena for 
Darin Schroeder, an employee on the staff of Senator Feingold, to 
testify at the trial of a defendant who was indicted last January for 
threatening to bring a bomb to a post office building in Milwaukee to 
kill or injure individuals and to damage or destroy the building. The 
defendant is alleged to have made the threat in a telephone 
conversation with Mr. Schroeder, who handles postal service constituent 
casework for Senator Feingold.
  This resolution would authorize Mr. Schroeder, as well as any other 
employees on Senator Feingold's staff from whom testimony may be 
required, to testify and to produce records at trial, and to be 
represented by the Senate Legal Counsel.


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