[Congressional Record Volume 144, Number 48 (Monday, April 27, 1998)]
[Senate]
[Page S3657]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 218--TO AUTHORIZE TESTIMONY, PRODUCTION OF DOCUMENTS, 
               AND REPRESENTATION BY SENATE LEGAL COUNSEL

  Mr. LOTT. (for himself and Mr. Daschle) submitted the following 
resolution; which was considered and agreed to:

                              S. Res. 218

       Whereas, in the case of Buroojy, et al. v. Walsh, et al., 
     Civil Case No. 97-91407, pending in the Superior Court of the 
     State of Arizona, documents have been subpoened from the 
     offices of Senator John McCain and Senator Jon Kyl;
       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, 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 Members, officers, or employees of the Senate with 
     respect to any subpoena, order, or request for evidence 
     relating to their official responsibilities;
       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 employees of the offices of Senator McCain 
     and Senator Kyl are authorized to testify and produce 
     documents in the case of Buroojy, et al. v. Walsh, et al., 
     except concerning matters for which a privilege or objection 
     should be asserted.
       Sec. 2. That the Senate Legal Counsel is authorized to 
     represent Senator McCain and Senator Kyl and their employees 
     in connection with the testimony and document production 
     authorized in section one of this resolution.

                          ____________________