[Congressional Record Volume 144, Number 128 (Wednesday, September 23, 1998)]
[Senate]
[Page S10858]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


    AUTHORIZING TESTIMONY AND REPRESENTATION BY SENATE LEGAL COUNSEL

  Mr. McCAIN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 281, submitted 
earlier by Senators Lott and Daschle.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 281) to authorize testimony and 
     representation of employees of the Senate in United States v. 
     Alphonso Michael Espy.

  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 criminal 
prosecution brought against former Secretary of Agriculture Mike Espy, 
alleging acceptance of illegal gratuities and related charges. The 
Independent Counsel, who is bringing this prosecution, seeks testimony 
at trial from two present and one former employee of the Senate about 
communications with meat and poultry processing industry 
representatives and Executive Branch officials about a labeling rule 
promulgated by the Agriculture Department in 1993. The trial is 
scheduled to begin on October 1.
  In keeping with the Senate's practice regarding similar matters, this 
resolution would authorize testimony by employees of the Senate, except 
where a privilege should be asserted, with representation by the Senate 
Legal Counsel.
  Mr. McCAIN. I ask unanimous consent that the resolution be agreed to, 
the preamble be agreed to, the motion to reconsider be laid upon the 
table, and that any statements relating to the resolution appear at the 
appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 281) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 281

       Resolved,
       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 authorized 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.

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