[Congressional Record Volume 144, Number 66 (Thursday, May 21, 1998)]
[Senate]
[Page S5357]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  AUTHORIZING TESTIMONY AND DOCUMENT PRODUCTION AND REPRESENTATION OF 
                           SENATE EMPLOYEES.

  Mr. DeWINE. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 233, submitted 
earlier today by Senators Lott and Daschle.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The legislative clerk read as follows:

       A resolution (S. Res. 233) to authorize testimony and 
     document production and representation of Senate employees in 
     People v. James Eugene Arenas.

  The Senate proceeded to consider the resolution.
  Mr. LOTT. Mr. President, the case of People versus James Eugene 
Arenas is a criminal case pending in the Municipal Court for Fresno, 
California. The defendant has been charged with threatening to kill a 
state official and to blow up a county courthouse.
  The California Attorney General, who is prosecuting the case, has 
subpoenaed an employee on Senator Barbara Boxer's staff to testify at a 
preliminary hearing in this case. The remarks underlying these charges 
were made by the defendant in a conversation with the Senate staffer 
following a referral from the Senator's office to state authorities of 
a casework request from the defendant.
  This resolution would authorize Senator Boxer's staff to testify and 
produce relevant documents, with representation from the Senate Legal 
Counsel.
  Mr. DeWINE. 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 a statement of 
explanation appear at the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 233) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, is as follows:

                              S. Res. 233

       Whereas, in the case of People v. James Eugene Arenas, Case 
     No. 98F2403, pending in the Municipal Court for Fresno, 
     California, testimony and document production have been 
     requested from Kelly Gill, an employee on the staff of 
     Senator Barbara Boxer;
       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 or the production 
     of documents 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 Kelly Gill, and any other employee from whom 
     testimony or document production may be required, are 
     authorized to testify and produce documents in the case of 
     People v. James Eugene Arenas, except concerning matters for 
     which a privilege should be asserted.
       Sec. 2. That the Senate Legal Counsel is authorized to 
     represent Kelly Gill, and any other employee from whom 
     testimony or document production may be required, in 
     connection with People v. James Eugene Arenas.




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