[Congressional Record Volume 143, Number 137 (Monday, October 6, 1997)]
[Senate]
[Page S10445]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            AUTHORIZING TESTIMONY BY EMPLOYER OF THE SENATE

  Mr. DOMENICI. Mr. President, acting in behalf of the majority leader, 
first I ask unanimous consent that the Senate proceed to the immediate 
consideration of Senate Resolution 130, 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. 130) to authorize testimony by a 
     Member and employee of the Senate.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  Mr. LOTT. Mr. President, United States versus Delyla D. Wilson is a 
criminal case set for trial in the U.S. District Court for the District 
of Montana, charging the defendant with assault on Federal officials. 
The case arises out of the defendant's disruption of a public meeting 
in Montana earlier this year attended by Senator Conrad Burns, along 
with other Federal and State officials.
  Both parties have subpoenaed an employee on Senator Burns' staff, who 
witnessed this incident, to testify at the trial. This resolution would 
authorize the employee to testify and would also authorize Senator 
Burns' testimony at related State proceedings.
  Mr. DOMENICI. 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 the resolution appear at 
this point in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 130) was agreed to.
  The preamble was agreed to.
  The resolution with its preamble reads as follows:

                              S. Res. 130

       Whereas, in the case of United States v. Delyla D. Wilson, 
     Case No. 97-CR-82-BLG, pending in the United States District 
     Court for the District of Montana, subpoenas have been issued 
     for testimony by Dwight MacKay, an employee on the staff of 
     Senator Conrad Burns;
       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 Dwight MacKay is authorized to testify in the 
     case of United States v. Delyla D. Wilson, except concerning 
     matters for which a privilege should be asserted.
       Sec. 2. The testimony of Senator Conrad Burns in related 
     state proceedings is authorized.

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