[Congressional Record Volume 147, Number 107 (Friday, July 27, 2001)]
[Senate]
[Page S8367]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 141--TO AUTHORIZE TESTIMONY AND LEGAL REPRESENTATION 
           IN PEOPLE OF THE STATE OF NEW YORK V. ADELA HOLZER

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

                              S. Res. 141

       Whereas, the District Attorney of the County of New York in 
     the State of New York is seeking testimony before the Grand 
     Jury of the County of New York from Garry Malphrus, an 
     employee on the staff of the Committee on the Judiciary, in a 
     criminal action prosecuted by the People of the State of New 
     York against Adela Holzer;
       Whereas, pursuant to sections 703(a) and 704(a)(2) of the 
     Ethics of 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 Garry Malphrus is authorized to testify in 
     People of the State of New York v. Adela Holzer, except 
     concerning matters for which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Garry Malphrus in connection with the testimony authorized in 
     section one of this resolution.

                          ____________________