[Congressional Record Volume 144, Number 137 (Monday, October 5, 1998)]
[Senate]
[Page S11513]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           AUTHORIZING REPRESENTATION BY SENATE LEGAL COUNSEL

  Mr. GRAMS. Mr. President, I now ask unanimous consent that the Senate 
proceed to the immediate consideration of Senate Resolution 287, 
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. 287) to authorize representation by 
     Senate legal counsel.

  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 civil action 
commenced in United States District Court for the District of Hawaii in 
July 1998. The action sought to appeal a 1993 court order in another 
case. The complaint named Senator Inouye as one of two defendants, 
apparently because of the plaintiff's dissatisfaction with Senator 
Inouye's casework assistance regarding certain state law violations 
that Hawaii harbors officials charged against the plaintiff. Shortly 
after the complaint was filed, and before either Senator Inouye or the 
other defendant had been served with the complaint, the district court 
dismissed the action sua sponte. The plaintiff has now appealed the 
dismissal to the Ninth Circuit.
  This resolution would authorize the Senate Legal Counsel to represent 
Senator Inouye in this matter to move the Ninth Circuit to affirm the 
judgment of the district court.
  Mr. GRAMS. 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 in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 287) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 287

       Whereas, Senator Daniel K. Inouye has been named as a 
     defendant in the case of O'Leary v. Fujikawa, et al., Case 
     No. 98-16439, now pending in the United States Court of 
     Appeals for the Ninth Circuit;
       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)(1), the Senate may direct its counsel to 
     represent Members of the Senate in civil actions with respect 
     to their official responsibilities: Now, therefore, be it 
     Resolved, That the Senate Legal Counsel is authorized to 
     represent Senator Daniel K. Inouye in the case of O'Leary v. 
     Fujikawa, et al.

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