[Congressional Record Volume 142, Number 14 (Thursday, February 1, 1996)]
[Senate]
[Page S866]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            AUTHORIZING TESTIMONY BY FORMER SENATE EMPLOYEE

  Mrs. KASSEBAUM. Mr. President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of Senate Resolution 221, 
a resolution submitted earlier today by Senators Dole and Daschle; 
further, that the resolution be agreed to, the preamble 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. 221) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, is as follows:

                              S. Res. 221

       Whereas, the plaintiff in Margaret C. Carlson v. Mike 
     Eassa, et al., No. MDA 7203, a civil action pending in the 
     Superior Court of California, County of Monterey, is seeking 
     testimony through submission of a declaration by Amy L. 
     Silvestri, a former employee of the Senate on the staff of 
     Senator William V. Roth, Jr.;
       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: Now, therefore, be it
       Resolved, That Amy L. Silvestri is authorized to submit a 
     declaration in the case of Margaret C. Carlson v. Mike Eassa, 
     et al., except concerning matters for which a privilege 
     should be asserted.

  Mr. DOLE. President, the plaintiff in a child support controversy 
pending in California Superior Court has requested that a former 
caseworker for Senator William V. Roth, Jr., submit a declaration for 
use in that proceeding. The plaintiff, who resides in Delaware, 
obtained assistance from Senator Roth's office in aid of her efforts to 
obtain child support.
  The substance of telephone conversations between Senator Roth's 
caseworker and the Monterey County District Attorney's office, which 
has responsibility in child support matters in California, has become 
an issue in the case, as a contention has been made that Senator Roth's 
caseworker had authority to speak for the constituent regarding 
proposed settlement of the case. Senator Roth's former caseworker has 
informed the plaintiff's attorney to the contrary that she never sought 
to convey to the District Attorney instructions about settling the case 
or represented herself as authorized to speak for the constituent in 
approving a settlement.
  Senator Roth's believes that it is appropriate for his former 
caseworker to submit a declaration describing her conversations with 
the District Attorney's office to ensure that the Court is accurately 
informed about the limited role played by his office.
  Mr. President, this resolution would authorize Senator Roth's former 
caseworker to submit a declaration in this matter.

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