[Congressional Record Volume 144, Number 141 (Friday, October 9, 1998)]
[Senate]
[Page S12253]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    AUTHORIZING TESTIMONY AND REPRESENTATION BY SENATE LEGAL COUNSEL

  Mr. COATS. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 297 submitted earlier 
by Senators Lott and Daschle.
  The PRESIDING OFFICER. The clerk will report the resolution.
  The legislative clerk read as follows:

       A resolution (S. Res. 297) to authorize testimony and 
     representation of former and current Senate employees and 
     representation of Senator Craig in Student Loan Fund of 
     Idaho, Inc. v. Riley, 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, this resolution concerns a request for 
testimony in a civil action set for trial in the U.S. District Court 
for District of Idaho. This case arises out of a dispute between the 
plaintiff, a private corporation, and the Department of Education 
concerning the status of certain student loan guaranty reserve funds. 
Counsel for the plaintiff wishes to question a former member of Senator 
Craig's staff about her recollection of meetings with representatives 
from the Department of Education during a time period in which she 
served as a legislative aid to the Senator.
  This resolution would authorize testimony by the former staff member, 
and any other former or current employees of the Senate, except where a 
privilege should be asserted, with representation by the Senate Legal 
Counsel. The resolution would also authorize the Senate Legal Counsel 
to represent Senator Craig and his employees in connection with this 
matter in order to protect the Senator's privileges.
  Mr. COATS. 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, 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. 297) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 297

       Whereas, in the case of Student Loan Fund of Idaho, Inc. v. 
     Riley, et al., Case No. CV 94-0413-S-LMB, pending in the 
     United States District Court for the District of Idaho, 
     testimony has been requested from Elizabeth Criner, a former 
     employee of Senator Larry Craig;
       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 Senators and 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 Elizabeth Criner, and any other former or 
     current Senate employee from whom testimony may be required, 
     are authorized to testify in the case of Student Loan Fund of 
     Idaho, Inc. v. Riley, et al., except concerning matters for 
     which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Senator Larry Craig, Elizabeth Criner, and any other Member 
     or employee of the Senate in connection with the testimony 
     authorized in section one of this resolution.

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