[Congressional Record Volume 144, Number 103 (Tuesday, July 28, 1998)]
[Senate]
[Page S9161]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      AUTHORIZING TESTIMONY AND REPRESENTATION OF SENATE EMPLOYEE

  Mr. CAMPBELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 258, 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. 258) to authorize testimony and 
     representation of Senate employee in State of Tennessee v. 
     Ronald W. Byrd.

  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 request for 
testimony in a criminal trespass action pending in the Court of General 
Sessions for Sullivan County, Tennessee. The case involves an incident 
at Senator Fred Thompson's Blountville office in which an individual 
refused to leave the premises and was arrested by public safety 
personnel for trespassing. The State is seeking testimony from the 
Senator's caseworker who has knowledge of these events.
  This resolution would authorize the caseworker to testify, except 
where a privilege should be asserted, with representation by the Senate 
Legal Counsel.
  Mr. CAMPBELL. 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. 258) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, is as follows:

                              S. Res. 258

       Whereas, in the case of State of Tennessee v. Ronald W. 
     Byrd, Case No. S 113068, pending in the Court of General 
     Sessions for Sullivan County, Tennessee, testimony has been 
     requested from Kathy Tipton, an employee in the office of 
     Senator Fred Thompson;
       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 Kathy Tipton is authorized to testify in the 
     case of State of Tennessee v. Ronald W. Byrd, except 
     concerning matters for which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Kathy Tipton in connection with the testimony authorized in 
     section one of this resolution.

                          ____________________