[Congressional Record Volume 150, Number 4 (Friday, January 23, 2004)]
[Senate]
[Page S220]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 AUTHORIZATION TO SENATE LEGAL COUNSEL

  Mr. DeWINE. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 290, 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. 290) to authorize testimony, document 
     production and legal representation in State of Idaho v. 
     Joseph Daniel Hooper.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. FRIST. Mr. President, this resolution concerns a request for 
testimony and documents in a criminal action in Idaho District Court 
for the County of Kootenai. In the case of State of Idaho v. Joseph 
Daniel Hooper, the Coeur d'Alene city attorney's office has charged the 
defendant with misdemeanor telephone harassment arising out of calls he 
made to Senator Craig's Coeur d'Alene office. The defendant is also 
facing a second, separate misdemeanor action for harassing telephone 
calls made to his Congressman's office.
  Pursuant to subpoena issued on behalf of the city prosecutor, this 
resolution authorizes an employee in Senator Craig's Coeur d'Alene 
office who witnessed the events giving rise to this action, and any 
other employee in the Senator's office from whom testimony may be 
required, to testify and produce documents at trial, with 
representation by the Senate legal counsel.
  Mr. DeWINE. 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. 290) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 290

       Whereas, in the case of State of Idaho v. Joseph Daniel 
     Hooper, C. No. CRM-03-019550, pending in the District Court 
     of the first Judicial District of the Senate of Idaho, in and 
     for the County of Kootenai, testimony has been requested from 
     Michelle A. Panos, an employee in the Coeur d'Alene office of 
     Senator Larry E. Craig;
       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; 
     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 Michelle A. Panos, or any other current or 
     former employee of Senator Craig's, is authorized to testify 
     and produce documents in the case of State of Idaho v. Joseph 
     Daniel Hooper, except concerning matters for which a 
     privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Michelle A. Panos and any other current or former employee of 
     Senator Craig's in connection with the testimony and document 
     production authorized in section one of this resolution.

                          ____________________