[Congressional Record Volume 141, Number 100 (Monday, June 19, 1995)]
[Senate]
[Page S8630]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



[[Page S 8630]]

           AUTHORIZING REPRESENTATION BY SENATE LEGAL COUNSEL

  Mr. DOLE. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Senate Resolution 136 
submitted earlier today by myself and Senator Daschle.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       A resolution (S. Res. 136) to authorize representation by 
     Senate legal counsel.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the resolution?
  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. DOLE. Mr. President, in the case of United States ex rel. Sequoia 
Orange Co. versus Sunland Packing House Co., and consolidated cases, 
pending in the U.S. District Court for the Eastern District of 
California, the private relator is opposing a motion filed by the 
Department of Justice to dismiss these cases. The court has scheduled a 
hearing on the Government's motion for this week. On Friday afternoon 
of last week, the relator caused a subpoena to be delivered to the 
office of Senator Dianne Feinstein seeking to compel her to appear to 
testify at the hearing on Wednesday, June 21, 1995, in Fresno, CA.
  The Senate's standing rules require all Senators to attend the 
Senate's sessions unless granted leave to be absent by the Senate. This 
resolution would authorize the Senate Legal Counsel to seek to quash 
the subpoena to protect Senator Feinstein's right to attend the 
Senate's sessions.
  Mr. President, I ask unanimous consent that 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.
  The resolution (S. Res. 136) was agreed to.
  The preamble was agreed to.
  So the resolution, with its preamble, is as follows:

                              S. Res. 136

       Whereas, in the case of United States ex rel. Sequoia 
     Orange Company v.  Sunland Packing House Company, Case No. 
     CV-F-88-566 OWWW/DLB, and consolidated cases, pending in the 
     United States District Court for the Eastern District of 
     California, a subpoena for testimony at a hearing has been 
     issued to Senator Dianne Feinstein;
       Whereas, by Rule VI of the Standing Rules of the Senate, no 
     Senator shall absent himself or herself from the service of 
     the Senate without leave;
       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, 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 the Senate Legal Counsel is directed to 
     represent Senator Feinstein in connection with the subpoena 
     issued to her in these cases.
     

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