[Congressional Record Volume 146, Number 5 (Monday, January 31, 2000)]
[Senate]
[Page S165]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S165]]
             AUTHORIZING TESTIMONY AND LEGAL REPRESENTATION

  Mr. GRASSLEY. Madam President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of S. Res. 249, submitted 
earlier by Senators Lott and Daschle.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 249) to authorize testimony, document 
     production, and legal representation in Thomas Dwyer v. City 
     of Pittsburgh, et al.

  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 rights action in the United States District Court 
for the Western District of Pennsylvania. The action against local 
authorities in Pittsburgh arises out of a premises search and civil 
commitment proceedings they initiated. The plaintiff sought casework 
assistance from Senator Rick Santorum's office at around the same time 
that the plaintiff came to the attention of local authorities as a 
potential threat to himself or others. This resolution would permit an 
employee on Senator Santorum's staff to testify at a deposition, with 
representation by the Senate Legal Counsel, about his communications 
with the parties to this matter.
  Mr. GRASSLEY. Madam 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 be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 249) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              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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