[Congressional Record Volume 142, Number 46 (Friday, March 29, 1996)]
[Senate]
[Pages S3247-S3248]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           AUTHORIZING REPRESENTATION BY SENATE LEGAL COUNSEL

  Mr. LOTT. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration, en bloc, of Senate Resolution 
239, a resolution submitted by Senators Dole and Daschle and Senate 
Resolution 240, submitted by Senators Warner and Ford; I further ask 
that the resolutions be agreed to, the motions to reconsider be laid 
upon the table, all en bloc, and that any statements relating to the 
resolutions appear at the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the resolutions en bloc (S. Res. 239 and S. Res. 240) were agreed 
to.
  The preambles were agreed to.
  The resolutions, en bloc, with their preambles, are as follows:

                              S. Res. 239

       Whereas, in the case of Robert E. Barrett v. United States 
     Senate, et al., No. 96CV00385 (D.D.C.), pending in the United 
     States District Court for the District of Columbia, the 
     plaintiff has named the United States Senate as a defendant;
       Whereas, pursuant to sections 703(a) and 704(a)(1) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) 
     and 288c(a)(1)(1994), the Senate may direct its counsel to 
     defend the Senate in civil actions relating to its official 
     responsibilities: Now, therefore, be it
       Resolved, That the Senate Legal Counsel is authorized to 
     represent the United States Senate in the case of Robert E. 
     Barrett v. United States Senate, et al.

  Mr. DOLE. Mr. President, the plaintiff in Barrett versus United 
States Senate is a Federal prisoner in Michigan. He has brought a civil 
action in Federal district court in the District of Columbia, seeking, 
among other things, a declaration from the court that the U.S. Court of 
Appeals for the Seventh Circuit is unable to adjudicate his claims 
impartially because of its bias against prisoners.
  The plaintiff has named the U.S. Senate, among others, as a defendant 
in his lawsuit. The Senate is not, however, a proper party to this 
suit. In fact, the plaintiff asserts no claim against the Senate. This 
resolution authorizes the Senate Legal Counsel to represent the Senate 
in this action.

                              S. Res. 240

       Whereas, in the case of United States v. Byron C. Dale, et 
     al., Civil No. 95-1023, in the United States District Court 
     for the District of South Dakota, Northern Division, the 
     defendants have named Senator Robert J. Dole as a codefendant 
     in a counterclaim against the United States;
       Whereas, pursuant to sections 703(a) and 704(a)(1) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) 
     and 288c(a)(1)(1994), the Senate may direct its counsel to 
     defend its Members in civil actions relating to their 
     official responsibilities: Now, therefore, be it

[[Page S3248]]

       Resolved, That the Senate Legal Counsel is authorized to 
     represent Senator Dole in the case of United States v. Byron 
     C. Dale, et al.
  Mr. WARNER. Mr. President, the legal action United States versus 
Dale, currently pending in the U.S. District Court in South Dakota, was 
brought by the United States to foreclose two mortgages executed by the 
Farmers Home Administration of the U.S. Department of Agriculture on 
real estate in Corson County, SD, belonging to the defendants.
  The defendants in that action have filed a counterclaim against the 
United States, naming as codefendants Speaker of the House Newt 
Gingrich, Federal Reserve Chairman Alan Greenspan, Treasury Secretary 
Robert Rubin, Secretary of Agricultural Dan Glickman, and the Senator 
majority leader. The counterclaim seeks a court order compelling 
televised congressional hearings regarding Federal farm and monetary 
policy and the enactment of legislation favored by the defendant.
  Lawsuits alleging that citizens have been aggrieved by a Member's 
failure to act in accordance with the citizens' views have been filed 
against Members of Congress from time to time. As the Senate has noted 
previously in response to such lawsuits, every citizen has a 
constitutionally protected right to petition the Government for the 
redress of grievances. However, elected officials have the discretion 
to agree or disagree with communications they receive, and to decide 
how best to respond to the many points of view which are presented to 
them. This resolution authorizes the Senate Legal Counsel to represent 
the majority leader in this action.

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