[Congressional Record Volume 150, Number 5 (Monday, January 26, 2004)]
[Senate]
[Page S252]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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SENATE RESOLUTION 291--TO AUTHORIZE TESTIMONY AND LEGAL REPRESENTATION 
    IN THE CASE OF JAMES McKOY V. NORTH FORK SERVICES/JOINT VENTURE

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

                              S. Res. 291

       Whereas, in the case of James McKoy v. North Fork Services/
     Joint Venture, No. 2004-CAA-00002, pending before the United 
     States Department of Labor, testimony has been requested from 
     Resi Cooper, an employee in the Long Island office of Senator 
     Hillary Rodham Clinton;
       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 Resi Cooper is authorized to testify in the 
     case of James McKoy v. North Fork Services/Joint Venture, 
     except concerning matters for which a privilege should be 
     asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Resi Cooper in connection with the testimony authorized in 
     section one of this resolution.

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