[Congressional Record Volume 149, Number 055 (Monday, April 7, 2003)]
[Senate]
[Page S4909]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

SENATE RESOLUTION 105--TO AUTHORIZE TESTIMONY AND LEGAL REPRESENTATION 
           IN STATE OF NEW HAMPSHIRE V. MACY E. MORSE, ET AL.

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

       Whereas, in the case of State of New Hampshire v. Macy E. 
     Morse, et al., pending in Portsmouth District Court for the 
     State of New Hampshire, testimony has been requested from 
     Joel Maiola, a staff member in the office of Senator Judd 
     Gregg;
       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 privilege 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 Joel Maiola is authorized to provide 
     testimony in the case of State of New Hampshire v. Macy E. 
     Morse, et al., except concerning matters for which a 
     privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Joel Maiola in connection with any testimony authorized in 
     section one of this resolution.

                          ____________________