[Congressional Record Volume 145, Number 43 (Thursday, March 18, 1999)]
[Senate]
[Page S2934]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 AUTHORIZATION OF SENATE REPRESENTATION

  Mr. STEVENS. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 70, submitted earlier 
today by Senators Lott and Daschle.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The legislative clerk read as follows:

       A resolution (S. Res. 70) to authorize representation of 
     Senate and Members of the Senate in the case of James E. 
     Pietrangelo, II v. United States Senate, 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 civil action 
commenced in the United States District Court for the Northern District 
of Ohio against the United States Senate and all Members of the Senate 
by a pro se plaintiff during the impeachment trial of President 
Clinton. The amended complaint improperly seeks judicial intervention 
directing Senators on how they should have voted on the question of 
whether to convict on the impeachment articles.
  The action is subject to dismissal on numerous jurisdictional 
grounds, including lack of constitutional standing, political question, 
sovereign immunity, and the Speech or Debate Clause. This resolution 
authorizes the Senate Legal Counsel to represent the Senate and 
Senators in this suit to move for its dismissal.
  Mr. STEVENS. Mr. President, I ask unanimous consent that the 
resolution be agreed to, the preamble be agreed to, and the motion to 
reconsider be laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 70) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                               S. Res. 70

       Whereas, in the case of James E. Pietrangelo, II v. United 
     States Senate, et al., Case No. 1:99-CV-323, pending in the 
     United States District Court for the Northern District of 
     Ohio, the plaintiff has named the United States Senate and 
     all Members of the Senate as defendants;
       Whereas, pursuant to sections 703(a) and 704(a)(1) 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 defend 
     the Senate and Members of the Senate in civil actions 
     relating to their official responsibilities: Now, therefore, 
     be it
       Resolved, That the Senate Legal Counsel is directed to 
     represent the Senate and all Members of the Senate in the 
     case of James E. Pietrangelo, II v. United States Senate, et 
     al.

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