[Congressional Record Volume 149, Number 105 (Wednesday, July 16, 2003)]
[Senate]
[Page S9512]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            AUTHORIZING SENATE LEGAL COUNSEL REPRESENTATION

  Mr. ALEXANDER. I ask unanimous consent that the Senate proceed to the 
immediate consideration of S. Res. 197, which was submitted earlier 
today, and I ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 197) to authorize testimony, document 
     production, and legal representation in State of Colorado v. 
     Carrie Ann Hoppes, et al.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. FRIST. Mr. President, this resolution concerns a request for 
testimony, documents, and representation in related criminal trepass 
actions in Arapahoe County Court in the State of Colorado. In these 
actions, seven defendants have been charged with criminally trespassing 
on the premises of Senator Wayne Allard's Englewood, CO, office on 
December 4, 2002. Upon its closing that day, the defendants refused 
repeated requests to leave Senator Allard's office, and, as a result, 
were arrested. Trials on the charge of trespass are scheduled to be 
held on or about July 23, 2003. The State has subpoenaed several of the 
Senator's staff members who witnessed the defendants' conduct. The 
enclosed resolution would authorize those staff members, and any other 
employees of Senator Allard's office from whom evidence may be 
required, to testify and produce documents in connection with these 
actions, with representation from the Senate Legal Counsel.
  Mr. ALEXANDER. I ask unanimous consent that the resolution and the 
preamble be agreed to, the motion to reconsider be laid upon the table, 
and any statements relating to this matter be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 197) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 197

       Whereas, in the cases of State of Colorado v. Carrie Ann 
     Hoppes, Andrew M. Bennett, Christopher J. Friedman, Andrew 
     Jonathan Tirman, Carolyn Elizabeth Bninski, Melissa Noelle 
     Rossman, Rachael Esther Kaplan, pending in the Arapahoe 
     County Court, Colorado, testimony and documents have been 
     requested from employees in the office of Senator Wayne 
     Allard;
       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 consistently with the 
     privileges of the Senate: Now, therefore, be it
       Resolved, that employees of Senator Allard's office from 
     whom testimony or the production of documents may be required 
     are authorized to testify and produce documents in the cases 
     of State of Colorado v. Carrie Ann Hoppes, Andrew M. Bennett, 
     Christopher J. Friedman, Andrew Jonathan Tirman, Carolyn 
     Elizabeth Bninski, Melissa Noelle Rossman, Rachael Esther 
     Kaplan, except concerning matters for which a privilege 
     should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     employees of Senator Allard's office in connection with the 
     testimony and document production authorized in section one 
     of this resolution.

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