[Congressional Record Volume 144, Number 68 (Monday, June 1, 1998)]
[Senate]
[Pages S5525-S5526]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          AUTHORITY FOR DOCUMENT PRODUCTION AND REPRESENTATION

  Mr. LOTT. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 239, submitted 
earlier today by Senators Lott and Daschle.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A resolution (S. Res. 239) to authorize testimony and 
     document production and representation of Senate employees in 
     Pointe

[[Page S5526]]

     Properties, Inc., et al. v. Michael J. Bevenour, et al.

  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, the case of Pointe Properties, Inc., et al. 
versus Michael J. Bevenour, et al., is a civil case pending in the 
Superior Court for the District of Columbia.
  This defamation action by a land development company and two of its 
officers and directors arises out of two 1996 letters prepared and 
distributed by the defendants, members of a citizens group opposed to 
the development of certain land in Maryland's Anne Arundel County. A 
few months prior to mailing these letters, some of the defendants met 
with Mike Morrill of Senator Mikulski's staff to discuss plaintiffs' 
land-development proposal. Counsel for these defendants have asked Mr. 
Morrill to testify about that meeting, and Senator Mikulski would like 
Mr. Morrill to be authorized to do so.
  This resolution would authorize Senator Mikulski's staff to testify 
and produce relevant documents, with representation from the Senate 
Legal Counsel.
  Mr. President, I ask unanimous consent that the resolution be agreed 
to, the preamble be agreed to, and that the motion to reconsider be 
laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 239) was agreed to.
  The preamble was agreed to.
  The resolution (S. Res. 239), with its preamble, reads as follows:

                              S. Res. 239

       A Resolution (S. Res. 239) to authorize testimony and 
     document production and representation of Senate employees in 
     Pointe Properties, Inc., et al. v. Michael J. Bevenour, et 
     al:
       Whereas, in the case of Pointe Properties, Inc., et al. v. 
     Michael J. Bevenour, et al., No. 96-CA-009720, pending in the 
     Superior Court for the District of Columbia, testimony has 
     been requested from Mike Morrill, an employee on the staff of 
     Senator Barbara A. Mikulski;
       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 Mike Morrill, and any other employee from 
     whom testimony or document production may be required, are 
     authorized to testify and produce documents in the case of 
     Pointe Properties, Inc., et al. v. Michael J. Bevenour, et 
     al., except concerning matters for which a privilege should 
     be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Mike Morrill, and any other employee from whom testimony or 
     document production may be required, in connection with 
     Pointe Properties, Inc., et al. v. Michael J. Bevenour, et 
     al.

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