[Congressional Record Volume 148, Number 111 (Thursday, September 5, 2002)]
[Senate]
[Page S8327]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                AUTHORIZING TESTIMONY AND REPRESENTATION

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to S. Res. 323, submitted earlier today by the two leaders.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       To authorize testimony and representation in Senator Mitch 
     McConnell, et al, v. Federal Election Commission, et al., and 
     consolidated cases.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. DASCHLE. Mr. President, the U.S. District Court in the District 
of Columbia has consolidated for adjudication a number of challenges 
pending before it to the constitutionality of the Bipartisan Campaign 
Reform Act of 2002, which Congress enacted into law this spring.
  These challenges include the lead case, which was filed by our 
colleague, Senator McConnell. Four of our other colleagues who played 
major roles in the passage of this landmark law, Senators McCain, 
Feingold, Snowe, and Jeffords, have intervened to join in defending the 
act. Recognizing the significant constitutional issues presented by the 
passage of this landmark legislation, the Senate acted to ensure that 
Senators on both sides of the constitutional questions would be able to 
present their views in court.
  Since these lawsuits were filed shortly after the law was signed, 
there have been comprehensive pretrial proceedings under the 
supervision of the three-judge court that is handling this case. The 
court is aiming to decide this case as soon as possible after the law 
takes effect after the mid-term elections in November, and in time for 
the Supreme Court to hear the inevitable appeal in its forthcoming 
term.
  As part of the proceedings in the discovery phase of the case, the 
Members who are participating on either side of the controversy have 
each been asked to give deposition testimony. Accordingly, at the 
Members' joint request, the enclosed resolution would authorize them to 
provide testimony in these cases, except, in keeping with Senate 
practice, when a privilege should be asserted under the speech or 
debate clause or when their presence is required on the Senate floor.
  Finally, in order to ensure that the Senate's interests are protected 
in connection with the discovery process in this matter, the resolution 
authorizes the Senate Legal Counsel to appear in this litigation as an 
amicus curiae in the name of the Senate to assist in the presentation 
of views, to the parties, and, if necessary, the court, of the 
applicability of the principles of legislative privilege to discovery 
issues arising in this litigation.
  Mr. REID. Mr. President, I ask unanimous consent that the resolution 
and the preamble be agreed to; that the motion to reconsider be laid 
upon the table; and that a statement by the majority leader be printed 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 323) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                               S. Res 323

       Whereas, in the case of Senator Mitch McConnell, et al. v. 
     Federal Election Commission, et al., No. 02-CV-582, and 
     consolidated cases, pending in the United States District 
     Court for the District of Columbia, notices for the taking of 
     depositions have been served on Senator Mitch McConnell, who 
     is a plaintiff, and Senators Olympia Snowe, James Jeffords, 
     John McCain, and Russell Feingold, who are intervenor-
     defendants;
       Whereas, pursuant to sections 703(c) and 706(a) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(c) 
     and 288e(a), the Senate may direct its counsel to appear as 
     amicus curiae in the name of the Senate in any legal 
     proceeding in which the powers and responsibilities of 
     Congress under the Constitution are placed in issue;
       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, by Rule VI of the Standing Rules of the Senate, no 
     Senator shall absent himself from the service of the Senate 
     without leave; and
       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, in the case of Senator Mitch McConnell, et 
     al. v. Federal Election Commission, et al., and consolidated 
     cases, Senators Mitch McConnell, Olympia Snowe, James 
     Jeffords, John McCain, and Russell Feingold, and any other 
     Senator who agrees to participate in this litigation, are 
     authorized to testify, except concerning matters for which a 
     privilege should be asserted and when their attendance at the 
     Senate is necessary for the performance of their legislative 
     duties.
       Sec. 2. That the Senate Legal Counsel is authorized to 
     appear as amicus curiae in the name of the Senate in the case 
     of Senator Mitch McConnell, et al. v. Federal Election 
     Commission, et al., and consolidated cases, to represent the 
     interests of the Senate in connection with discovery sought 
     from Senators in these cases.




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