[Congressional Record Volume 148, Number 90 (Monday, July 8, 2002)]
[Senate]
[Page S6432]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AUTHORIZING TESTIMONY, DOCUMENT PRODUCTION, AND LEGAL REPRESENTATION
Mr. REID. Mr. President, I ask unanimous consent that the Senate
proceed to the consideration of S. Res. 299 submitted earlier today by
the majority and the Republican leaders.
The PRESIDING OFFICER. The clerk will report the resolution by title.
The assistant legislative clerk read as follows:
A resolution (S. Res. 299) to authorize testimony, document
production and legal representation in City of Columbus
versus Jacqueline Downing, et al. and City of Columbus versus
Vincent Ramos.
There being no objection, the Senate proceeded to consider the
resolution.
Mr. DASCHLE. Mr. President, this resolution concerns requests for
testimony in criminal actions in Franklin County Municipal Court in
Ohio. In the cases of City of Columbus v. Jacqueline Downing, et al.
and City of Columbus v. Vincent Ramos, the city prosecutor has charged
the defendants with criminal trespass for refusing to leave Senator
DeWine's Columbus office after the building was closed for the night,
and with resisting arrest. Pursuant to subpoenas issued on behalf of
the city prosecutor, this resolution authorizes an employee in Senator
DeWine'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 in
these cases, with representation by the Senate legal counsel.
Mr. REID. I ask unanimous consent that the resolution and preamble be
agreed to en bloc, the motion to reconsider be laid upon the table, and
that a statement by the majority leader be printed in the Record, with
no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 299) was agreed to.
The preamble was agreed to.
The resolution (S. Res. 299), with its preamble, reads as follows:
S. Res. 299
Whereas, in the cases of City of Columbus v. Jacqueline
Downing, et al., Nos. 2002 CR B 01082-25, 010835-37 and City
of Columbus v. Vincent Ramos, No. 2002 CR B 010835-37 pending
in the Franklin County Municipal Court in the State of Ohio,
testimony has been requested from Michael Dawson, an employee
in the office of Senator Mike DeWine;
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 consistent with the
privileges of the Senate: Now, therefore, be it
Resolved, That Michael Dawson and any other employee of
Senator DeWine's office from whom testimony may be required
are authorized to testify and produce documents in the cases
of City of Columbus v. Jacqueline Downing, et al., and City
of Columbus v. Vincent Ramos, except concerning matters for
which a privilege should be asserted.
Sec. 2. The Senate Legal Counsel is authorized to represent
Michael Dawson and any other employee of Senator DeWine's
office in connection with the testimony and document
production authorized in section one of this resolution.
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