[Congressional Record Volume 141, Number 207 (Friday, December 22, 1995)]
[Senate]
[Page S19261]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      SENATE RESOLUTION 205--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. 205

       Whereas, in the case of United States of America v. Karl 
     Zielinski, Case No. F12187-94, a criminal action pending in 
     the Superior Court of the District of Columbia, the United 
     States Attorney has caused a trial subpoena to be served on 
     Michael O'Leary, a Senate employee on the staff of the 
     Committee on the Judiciary;
       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 740(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 requests 
     for testimony made to them in their official capacities: Now, 
     therefore, be it
       Resolved, That Michael O'Leary is authorized to provide 
     testimony in the case of United States of America v. Karl 
     Zielinski, except concerning matters for which a privilege 
     should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Michael O'Leary in connection with the testimony authorized 
     by section 1 of this resolution.

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