[Congressional Record Volume 144, Number 139 (Wednesday, October 7, 1998)]
[Senate]
[Page S11810]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           AUTHORIZING REPRESENTATION BY SENATE LEGAL COUNSEL

  Mr. McCAIN. I ask unanimous consent the Senate proceed to the 
immediate consideration of S. Res. 290, submitted earlier by Senators 
Lott and Daschle.
  The PRESIDING OFFICER. Without objection, the clerk will report.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 290) 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 pro se civil case 
brought against the CIA and other defendants by a state prisoner. Last 
month, the plaintiff served a subpoena for documents upon Senator John 
F. Kerry, apparently because of the Senator's former role as Chairman 
of the Subcommittee on Terrorism, Narcotics and International 
Operations of the Foreign Relations Committee. After Senator Kerry 
objected to the subpoena and advised the plaintiff that the documents 
he sought were privileged by the Speech or Debate Clause, the plaintiff 
filed a motion asking the court to compel Senator Kerry to produce the 
documents. Accordingly, this resolution would authorize the Senate 
Legal Counsel to represent Senator Kerry in connection with this 
subpoena and to respond to the motion to compel.
  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 any statements relating to the resolution appear in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 290) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 290

       Whereas, Senator John F. Kerry has received a subpoena for 
     documents in the case of Tyree v. Central Intelligence 
     Agency, et al., Case No. 98-CV-11829, now pending in the 
     United States District Court for the District of 
     Massachusetts;
       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 with respect to any subpoena, 
     order, or request for documents 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: Now, therefore, 
     be it
       Resolved, That the Senate Legal Counsel is authorized to 
     represent Senator Kerry in connection with the subpoena 
     served upon him in the case of Tyree v. Central Intelligence 
     Agency, et al.

                          ____________________