[Congressional Record Volume 144, Number 48 (Monday, April 27, 1998)]
[Senate]
[Page S3663]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 AUTHORIZING TESTIMONY, PRODUCTION OF DOCUMENTS AND REPRESENTATION BY 
                          SENATE LEGAL COUNSEL

  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 218 submitted earlier 
today by Senators Lott and Daschle.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       A resolution (S. Res. 218) to authorize testimony, 
     production of documents, and representation by Senate legal 
     counsel in a civil case.

  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 civil case 
pending in the Superior Court for the State of Arizona. Prior to the 
litigation, some of the defendants sought assistance from Senator 
McCain's and Senator Kyl's offices in connection with a child custody 
dispute. The plaintiffs in the ensuing litigation have alleged, among 
other things, that the defendants defamed them in connection with the 
custody dispute. The plaintiffs have now subpoenaed correspondence from 
the files of the offices of Senator McCain and Senator Kyl.
  Senators McCain and Kyl are willing to provide the requested 
correspondence to the parties in this case. Accordingly, this 
resolution would authorize Senator McCain's and Senator Kyl's offices 
to produce and authenticate documents in this case, except where a 
privilege or objection should be asserted. The resolution also would 
authorize the Senate Legal Counsel to represent Senator McCain's and 
Senator Kyl's offices, to protect the Senate's privileges in connection 
with this matter.
  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the 
resolution be agreed to, the preamble be agreed to, and the motion to 
reconsider be laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 218) was agreed to.
  The preamble was agreed to.
  The resolution (S. Res. 218), with its preamble, reads as follows:

                              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.

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