[Congressional Record Volume 144, Number 128 (Wednesday, September 23, 1998)]
[Senate]
[Page S10843]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  SENATE RESOLUTION 281--TO AUTHORIZE TESTIMONY AND REPRESENTATION OF 
                        EMPLOYEES OF THE SENATE

  Mr. LOTT (for himself and Mr. Daschle) submitted the following 
resolution; which was considered and agreed to:

                              S. Res. 281

       Whereas, in the case of United States v. Alphonso Michael 
     Espy, Criminal Case No. 97-0335, pending in the United States 
     District Court for the District of Columbia, a trial subpoena 
     has been served upon Galen Fountain and Jo Nobles, employees 
     of the Senate, and Leslie Chalmers Tagg, formerly an employee 
     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. 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 Galen Fountain, Jo Nobles, Leslie Chalmers 
     Tagg, and any other employee from whom testimony may be 
     required, are authorzed to testify in the case of United 
     States v. Alphonso Michael Espy, except concerning matters 
     for which a privilege should be asserted.
       Sec. 2. That the Senate Legal Counsel is authorized to 
     represent Galen Fountain, Jo Nobles, Leslie Chalmers Tagg, 
     and any other employee of the Senate, in connection with 
     testimony in United States v. Alphonso Michael Espy.

                          ____________________