[Congressional Record Volume 149, Number 41 (Thursday, March 13, 2003)]
[Senate]
[Page S3761]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             AUTHORIZING TESTIMONY AND LEGAL REPRESENTATION

  Mr. BENNETT. Mr. President, I ask unanimous consent that the Senate 
now proceed to the immediate consideration of S. Res. 86, which was 
submitted earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 86) to authorize testimony and legal 
     representation in W. Curtis Shain v. G. Hunter Bates, et al.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. BENNETT. 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 that any statements relating to 
this matter be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 86) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                               S. Res. 86

       Whereas, in the case of W. Curtis Shain v. G. Hunter Bates, 
     et al., No. 03-CI-00153, pending in Division II of the Oldham 
     Circuit Court, Twelfth Judicial Circuit, Commonwealth of 
     Kentucky, an affidavit has been requested from Senator Mitch 
     McConnell;
       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 Members 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, 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 Senator McConnell is authorized to provide 
     testimony in the case of W. Curtis Shain v. G. Hunter Bates, 
     et al., except concerning matters for which a privilege 
     should be asserted and when his attendance at the Senate is 
     necessary for the performance of his legislative duties.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Senator McConnell in connection with any testimony authorized 
     in section one of this resolution.

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