[Congressional Record Volume 143, Number 96 (Wednesday, July 9, 1997)]
[Senate]
[Page S7129]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   AUTHORIZING PRODUCTION OF RECORDS

  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Senate Resolution 107, 
submitted earlier today by Senators Lott and Daschle.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 107) to authorize the production of 
     records by Senator Robert C. Byrd and Senator John D. 
     Rockefeller IV.

  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, Senator Byrd and Senator Rockefeller have 
each received a request from a State prosecutor in West Virginia for 
copies of correspondence between a West Virginia resident and their 
offices for use in a pending criminal prosecution in that State. 
Senator Byrd and Senator Rockefeller believe that granting the 
prosecutor's request would serve the ends of justice. This resolution 
authorizes them to provide copies of correspondence in response to the 
prosecutor's request.
  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the 
resolution be agreed to; that the preamble be agreed to; that 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. 107) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, is as follows:

                              S. Res. 107

       Whereas, a prosecutor for the State of West Virginia has 
     requested that Senator Robert C. Byrd and Senator John D. 
     Rockefeller IV provide him with copies of constituent 
     correspondence relevant to a criminal case, State of West 
     Virginia v. Brenda S. Cook, No. 97-F-20 (Circ. Ct. of Hardy 
     Cnty., W. Va.);
       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 documents, papers, and 
     records 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 Senator Robert C. Byrd and Senator John D. 
     Rockefeller IV are authorized to provide to the State of West 
     Virginia copies of correspondence relevant to the criminal 
     case, State of West Virginia v. Brenda S. Cook.

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