[Congressional Record Volume 150, Number 125 (Wednesday, October 6, 2004)]
[Senate]
[Pages S10610-S10611]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   SENATE LEGAL COUNSEL AUTHORIZATION

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 450, 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. 450) to authorize testimony and 
     representation of the 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 Justice Department's Enron Task Force has brought a 
case in Federal court in Texas against six individuals formerly 
associated with the Enron Corporation and Merrill Lynch. The indictment 
alleges conspiracy, false statements, obstruction of justice, and 
perjury relating to transactions involving offshore power barges. The 
Government alleges that Enron in essence parked assets with Merrill 
Lynch to enhance fraudulently Enron's financial statements.
  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 two of the individuals who are now 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 June of this year, the Senate agreed to 
Senate Resolution 394, authorizing a former subcommittee counsel and a 
subcommittee detailee who interviewed the defendants to testify at this 
trial.
  The trial of this case began on September 20, 2004, in Houston. One 
of the defendants has now additionally subpoenaed a former subcommittee 
employee and a former detailee to testify about the same events. 
Accordingly, this resolution would authorize the former subcommittee 
staff to testify at this trial with representation by the Senate Legal 
Counsel.
  Mr. McCONNELL. 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 be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 450) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

[[Page S10611]]

                              S. Res. 450

       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 to 
     Enron Corporation to law enforcement and regulatory officials 
     and agencies;
       Whereas, by Senate Resolution 394, 108th Congress, the 
     Senate authorized testimony and legal representation of a 
     former employee of, and a detailee to, the Permanent 
     Subcommittee on Investigation 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;
       Whereas, in the case of United States v. Daniel Bayly, et 
     al., subpoenas for testimony have been issued to Claire 
     Barnard, a former employee of, and Edna Falk Curtin, a former 
     detailee to, Permanent Subcommittee on Investigation;
       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 
     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 Claire Barnard and Edna Falk Curtin 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 
     Claire Barnard and Edna Falk Curtin in connection with the 
     testimony authorized in section one of this resolution.

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