[Congressional Record Volume 150, Number 37 (Tuesday, March 23, 2004)]
[Senate]
[Pages S3046-S3047]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                AUTHORIZING SENATE LEGAL REPRESENTATION

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 323, 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. 323) to authorize legal 
     representation in United States of America v. Elena Ruth 
     Sassower.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. FRIST. Mr. President, this resolution concerns representation by 
the Senate legal counsel of five Members and four of their employees 
who have been subpoenaed to provide testimony and documents in a 
criminal trial by a defendant charged with disrupting proceedings at a 
hearing of the Senate Committee on the Judiciary in May 2003. These 
subpoenas 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, 
under controlling precedent, the testimony and documents sought by the 
subpoenas are 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. 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. 323) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 323

       Whereas, in the case of United States of America v. Elena 
     Ruth Sassower, Crim. No. M-4113-3, pending in the Superior 
     Court of the District of Columbia, the defendant has served 
     subpoenas for testimony and documents upon Senators Orrin 
     Hatch, Patrick Leahy, Saxby Chambliss, Hillary Rodham 
     Clinton, and Charles Schumer, and on Senate employees Tamera 
     Luzzatto, Chief of Staff to Senator Clinton, Leecia Eve, 
     Counsel to Senator Clinton, Joshua Albert, Legislative 
     Correspondent to Senator Clinton, and Michael Tobman, 
     Director of Intergovernmental Affairs for Senator Schumer; 
     and,
       Whereas, pursuant to sections 703(a) and 288c(a)(2) of the 
     Ethias 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

[[Page S3047]]

     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.

                          ____________________