[Congressional Record Volume 150, Number 2 (Wednesday, January 21, 2004)]
[Senate]
[Page S122]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    AUTHORIZING LEGAL REPRESENTATION

  Mr. McCONNELL. Madam President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of S. Res. 286 which was 
submitted earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 286) to authorize legal 
     representation in the United States of America v. Parviz 
     Karim-Panahi.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. FRIST. Madam President, this resolution concerns representation 
by the Senate legal counsel of twenty-two members and three employees 
of the Committee on Armed Services and the chairman and ranking member 
and two employees of the Committee on Foreign Relations, who have been 
subpoenaed to provide testimony and produce documents in a criminal 
trial by a defendant charged with disrupting proceedings at a hearing 
of the Senate Committee on Armed Services in September 2003. These 
subpoenas, which were issued by the defendant on his own behalf, are 
not well taken. As the testimony and documents sought by these 
subpoenas are either irrelevant or cumulative of the testimony and 
evidence that will be offered at trial from other sources, evidence 
from these Senators and Senate employees is unnecessary. Moreover, the 
testimony and documents sought by the subpoenas as privileged under the 
Speech or Debate Clause of the Constitution.
  This resolution would authorize the Senate Legal Counsel to represent 
the Senators and staff who have been subpoenaed by the defendant, as 
well as any other Members, officers, or employees who may be 
subpoenaed, in order to quash the subpoenas and protect the privileges 
of the Senate.
  Mr. McCONNELL. Madam 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 any statements relating to this 
matter be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 286) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 286

       Whereas, in the case of United States of America v. Parviz 
     Karim-Panahi, Crim. No. M-8374-03, pending in the Superior 
     Court of the District of Columbia, the defendant has 
     attempted to serve subpoenas for testimony and documents upon 
     Senators Daniel K. Akaka, Wayne Allard, Evan Bayh, Joseph R. 
     Biden, Robert C. Byrd, Hillary Rodham Clinton, Susan M. 
     Collins, Mark Dayton, Elizabeth Dole, John Ensign, Lindsey O. 
     Graham, James M. Inhofe, Edward M. Kennedy, Carl Levin, 
     Richard G. Lugar, John McCain, Bill Nelson, E. Benjamin 
     Nelson, Mark Pryor, Jack Reed, Pat Roberts, Jeff Sessions, 
     James M. Talent, and John W. Warner, and on Senate employees 
     Judith A. Ansley, Staff Director of the Committee on Armed 
     Services, Scott W. Stucky, General Counsel to the Committee 
     on Armed Services, June M. Borawski, Printing and Document 
     Clerk of the Committee on Armed Services, Paul F. Clayman, 
     Chief Counsel of the Committee on Foreign Relations, and 
     Susan Oursler, Chief Clerk of the Committee on Foreign 
     Relations; and,
       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, officers, and employees of the Senate with 
     respect to any subpoena, order, or request for testimony or 
     documents relating to their official responsibilities: Now, 
     therefore, be it
       Resolved, That the Senate Legal Counsel is authorized to 
     represent the above-listed Senators and Senate employees who 
     are the subject of subpoenas and any other Member, officer, 
     or employee who may be subpoenaed in this case.

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