[Congressional Record Volume 142, Number 103 (Friday, July 12, 1996)]
[Senate]
[Pages S7835-S7836]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            AUTHORIZING SENATE LEGAL COUNSEL REPRESENTATION

  Mr. GORTON. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of a Senate resolution submitted 
earlier today by Senators Lott and Daschle.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A resolution (S. Res. 278) to authorize testimony, 
     production of documents and representation of Senate employee 
     in State of Florida versus Kathleen Bush.

  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. LOTT. Mr. President, the case of State of Florida versus Kathleen 
Bush is a criminal prosecution brought by the State attorney for 
Broward County, FL, alleging aggravated child abuse and organized 
fraud. The case, which has received significant publicity, presents 
allegations that the defendant deliberately made her child ill to 
obtain attention from medical personnel, the media, and others. The 
State asserts that the defendant engaged in a letter-writing campaign 
to numerous government officials as part of her fraudulent and abusive 
activities. Indeed, the public record reflects that, through the 
defendant's efforts, the defendant and her daughter had personal 
meetings with Mrs. Clinton and Senator Graham, among others.
  The State intends to introduce into evidence at trial the letters 
that the defendant wrote to government officials about her daughter. 
The prosecutor has requested that Senator Graham's office provide 
testimony to authenticate the correspondence between the defendant and 
the office. This resolution would authorize an employee on Senator 
Graham's staff to testify and produce documents in this case, with 
representation from the Senate Legal Counsel.
  Mr. GORTON. I ask unanimous consent that the resolution be agreed to, 
the preamble be agreed to, the motion to reconsider be laid upon the 
table, and that any statements relating to

[[Page S7836]]

the resolution be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution was agreed to.
  The preamble was agreed to.
  The resolution (S. Res. 278) and its preamble are as follows:

                              S. Res. 278

       Whereas, in the case of State of Florida v. Kathleen Bush, 
     Case No. 96-6912 CF10(A), pending in the Circuit Court for 
     Broward County, Florida, testimony and document production 
     has been requested from Mary Chiles, an employee on the staff 
     of Senator Bob Graham;
       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), the Senate may direct its counsel to 
     represent employees of the Senate with respect to any 
     subpoena, order, or request for testimony or documents 
     relating to their official responsibilities;
       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: Now, therefore, be it
       Resolved, That Mary Chiles, and any other employee from 
     whom testimony may be required, are authorized to testify and 
     to produce documents in the case of State of Florida v. 
     Kathleen Bush, except concerning matters for which a 
     privilege should be asserted.
       Sec. 2. That the Senate Legal Counsel is authorized to 
     represent Mary Chiles, and any other employee from whom 
     testimony or document production may be required, in 
     connection with State of Florida v. Kathleen Bush.

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