[Congressional Record Volume 146, Number 65 (Tuesday, May 23, 2000)]
[Senate]
[Page S4334]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           AUTHORIZING ACTION IN STATE OF INDIANA V. AMY HAN

  Mr. ALLARD. Mr. President, I ask unanimous consent that the Senate 
now proceed to the immediate consideration of S. Res. 312, submitted 
earlier by Senator Lott and Senator Daschle.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 312) to authorize testimony, document 
     production, and legal representation in State of Indiana v. 
     Amy Han.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. LOTT. Mr. President, this resolution concerns a request for 
testimony in a criminal action in Indiana Superior Court for the County 
of Marion. In the case of State of Indiana v. Amy Han, the county 
prosecutor has charged the defendant with two counts of criminal 
trespass on Senator Lugar's Indianapolis office. Pursuant to subpoenas 
issued on behalf of the county prosecutor, this resolution authorizes 
two employees in Senator Lugar's office who witnessed the events giving 
rise to the trespass charges, and any other employee in the Senator's 
office from whom testimony may be required, to testify and produce 
documents at trial, with representation by the Senate Legal Counsel.
  Mr. ALLARD. 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 a statement of explanation be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 312) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 312

       Whereas, in the case of State of Indiana v. Amy Han, C. No. 
     99-148243, pending in the Indiana Superior Court of Marion 
     County, Criminal Division, testimony has been requested from 
     Lesley Reser and Lane Ralph, employees in the office of 
     Senator Richard Lugar;
       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 Lesley Reser and Lane Ralph, and any other 
     employee of Senator Lugar's office from whom testimony may be 
     required, are authorized to testify and produce documents in 
     the case of State of Indiana v. Amy Han, except concerning 
     matters for which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Lesley Reser, Lane Ralph, and any other employee of Senator 
     Lugar's office in connection with the testimony and document 
     production authorized in section one of this resolution.

                          ____________________