[Congressional Record Volume 143, Number 160 (Thursday, November 13, 1997)]
[Senate]
[Page S12706]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     AUTHORIZING TESTIMONY AND SENATE LEGAL COUNSEL REPRESENTATION

  Mr. NICKLES. Mr. President, I ask unanimous consent the Senate 
proceed to the immediate consideration of Senate Resolution 162 
submitted earlier in the day by Senators Lott and Daschle.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A resolution (S. Res. 162) to authorize testimony and 
     representation of Senate employees in United States v. 
     Blackley.

  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, this resolution concerns a criminal 
prosecution brought against Ronald Blackley, the former chief of staff 
of former Secretary of Agriculture Mike Espy. The Independent Counsel, 
who is bringing this prosecution, seeks evidence from the Committee on 
Agriculture, Nutrition, and Forestry concerning representations made to 
the Committee about Mr. Blackley during the Committee's consideration 
of the nomination of Secretary Espy in January 1993. This resolution 
would authorize the testimony of employees and former employees of the 
Committee from whom testimony may be required, with representation by 
the Senate Legal Counsel.
  Mr. NICKLES. Mr. President, 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 was agreed to.
  The preamble was agreed to.
  The resolution (S. Res. 162), with its preamble, is as follows:

                              S. Res. 162

       Whereas, in the case of United States v. Blackley, Criminal 
     Case No. 97-0166, pending in the United States District Court 
     for the District of Columbia, testimony has been requested 
     from Brent Baglien, a former employee on the staff of the 
     Committee on Agriculture, Nutrition, and Forestry;
       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 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 Brent Baglien, and any other present or 
     former employee from whom testimony may be required, are 
     authorized to testify in the case of United States v. 
     Blackley, except concerning matters for which a privilege 
     should be asserted.
       Sec. 2. That the Senate Legal Counsel is authorized to 
     represent Brent Baglien and any present or former employee of 
     the Senate in connection with testimony in United States v. 
     Blackley.

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