[Congressional Record Volume 146, Number 5 (Monday, January 31, 2000)]
[Senate]
[Pages S160-S161]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 249--TO AUTHORIZE TESTIMONY, DOCUMENT PRODUCTION, AND 
   LEGAL REPRESENTATION IN THOMAS DWYER V. CITY OF PITTSBURGH, ET AL

  Mr. LOTT (for himself and Mr. Daschle) submitted the following 
resolution; which was considered and agreed to:

[[Page S161]]

                              S. Res. 249

       Whereas, in the case of Thomas Dwyer v. City of Pittsburgh, 
     et al., pending in the United States District Court for the 
     Western District of Pennsylvania, testimony has been 
     requested from Emmet Mahon, an employee in the office of 
     Senator Rick Santorum;
       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 or administrative 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 Emmet Mahon is authorized to testify and 
     produce documents in the case of Thomas Dwyer v. City of 
     Pittsburgh, et al., except concerning matters for which a 
     privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Emmet Mahon in connection with the testimony and document 
     production authorized in section one of this resolution.

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