[Congressional Record Volume 144, Number 113 (Tuesday, September 1, 1998)]
[Senate]
[Page S9790]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 269--TO AUTHORIZE PRODUCTION OF SENATE 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. 269

       Whereas, in the case of Rose Larker, et al. v. Kevin A. 
     Carias-Herrera, et al., Civil No. 97CA06257, pending in the 
     Superior Court for the District of Columbia, a subpoena has 
     been issued for the production of documents of the Sergeant-
     at-Arms and Doorkeeper 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. 288b(a) and 
     288c(a)(2), the Senate may direct its counsel to represent 
     Members, officers, and employees of the Senate with respect 
     to any subpoena, order, or request for testimony or document 
     production 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 or administrative 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 the Sergeant-at-Arms and Doorkeeper of the 
     Senate is authorized to produce documents relevant to the 
     case of Rose Larker, et al. v. Kevin A. Carias-Herrera, et 
     al.
       Sec. 2. That the Senate Legal Counsel is authorized to 
     represent the Sergeant-at-Arms and Doorkeeper of the Senate 
     in connection with the production of documents in this case.

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