[Congressional Record Volume 144, Number 113 (Tuesday, September 1, 1998)]
[Senate]
[Page S9805]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        AUTHORIZATION FOR REPRESENTATION BY SENATE LEGAL COUNSEL

  Ms. SNOWE. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 269 submitted earlier 
today by Senators Lott and Daschle.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 269) to authorize production of 
     Senate documents and representation by Senate Legal Counsel 
     in the case of Rose Larker, et al. v. Kevin A. Carias-
     Herrera, 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 Rose Larker, et al. v. Kevin A. 
Carias-Herrera, et al., pending in the Superior Court for the District 
of Columbia, involves claims of personal injury by the named plaintiff, 
a former employee of the Sergeant at Arms who worked in Environmental 
Services. The defendant in this case has issued a subpoena for 
documents to the Senate Sergeant at Arms. The enclosed resolution would 
authorize the Sergeant at Arms to produce such documents. It would also 
authorize the Senate Legal Counsel to represent the Sergeant at Arms in 
connection with the production of such documents.
  Ms. SNOWE. Mr. President, I ask unanimous consent that the resolution 
be agreed to, the preamble be agreed to, the motion to reconsider be 
laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 269) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, is as follows:

                              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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