[Congressional Record Volume 150, Number 89 (Thursday, June 24, 2004)]
[Senate]
[Pages S7496-S7497]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 AUTHORIZATION FOR TESTIMONY AND REPRESENTATION BY SENATE LEGAL COUNSEL

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 394, which was 
submitted earlier today.
  The PRESIDING OFFICER. The clerk will state the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 394) authorizing testimony and 
     representation by Senate legal counsel in United States v. 
     Daniel Bayly, et al.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. FRIST. Mr. President, this resolution concerns a request for 
testimony and representation in a criminal case arising out of the 
Enron debacle. The Enron Task Force of the U.S. Department of Justice 
has brought a case in Federal court in Texas against six individuals 
formerly associated with the Enron Corporation and Merrill Lynch. The 
indictment alleges criminal conspiracy, false statements, obstruction 
of justice, and perjury relating to transactions involving electrical-
generating power barges moored off the coast of Nigeria. The government 
is alleging that Enron in essence parked assets with Merrill Lynch to 
enhance fraudulently Enron's financial statements. This case is being 
tried this summer in Houston.
  The transactions at the center of this case were the subject of 
extensive investigation and a hearing by the Permanent Subcommittee on 
Investigations of the Committee on Government Affairs during the last 
Congress. In the course of the subcommittee's investigation, 
subcommittee staff interviewed a Merrill Lynch executive, Robert S. 
Furst, who is now one of the defendants on trial, about these 
transactions.
  Last Congress the Senate agreed to Senate Resolution 317, authorizing 
the Permanent Subcommittee on Investigations to cooperate with requests 
from law enforcement agencies for access to subcommittee records from 
its Enron Investigation. In response to requests for information an 
assistance, pursuant to this authority the Subcommittee has cooperated 
with inquiries made by the Justice Department's Enron Task Force.
  The parties have now asked for authorization for a former 
subcommittee counsel and a subcommittee detailee who interviewed Mr. 
Furst to testify, if necessary, at this trial about the information the 
witness communicated to the Subcommittee at the interview.
  The chairman and ranking member of the subcommittee would like to 
assist in this matter, should it prove necessary. According, this 
resolution would authorize the former subcommittee attorney and the 
subcommittee detailed to testify at this trial with representation by 
the Senate Legal Counsel.
  Mr. FRIST. 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 measure 
be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 394) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 394

       Whereas, by Senate Resolution 317, 107th Congress, the 
     Senate authorized the Permanent Subcommittee on 
     Investigations of the Committee on Governmental Affairs to 
     produce records from its investigation into the collapse of 
     Enron Corporation to law enforcement and regulatory officials 
     and agencies;
       Whereas, in the case of United States v. Daniel Bayly, et 
     al., Cr. No. H-03-363, pending in the United States District 
     Court for the Southern District of Texas, the parties have 
     requested testimony from Tim Henseler, a former employee of, 
     and Jim Pittrizzi, a detailee to, the Permanent Subcommittee 
     on Investigations of the Committee on Governmental Affairs;
       Whereas, pursuant to sections 703(a) and 704(a)(2) of the 
     Ethics in Government Act of

[[Page S7497]]

     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 
     can, by administrative or judicial 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 is needed for the promotion 
     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 Tim Henseler and Jim Pittrizzi are 
     authorized to testify in the case of United States v. Daniel 
     Bayly, et al., except concerning matters for which a 
     privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Tim Henseler and Jim Pittrizzi in connection with the 
     testimony authorized in section one of this resolution.

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