[Congressional Record Volume 151, Number 128 (Wednesday, October 5, 2005)]
[Senate]
[Pages S11142-S11143]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 267--TO AUTHORIZE TESTIMONY, DOCUMENT PRODUCTION, AND 
LEGAL REPRESENTATION IN STATE OF NEW HAMPSHIRE V. ANNE MILLER, MARY LEE 
    SARGENT, JESSICA ELLIS, LYNN CHONG, DONALD BOOTH, EILEEN REARDON

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

       Whereas, in the cases of State of New Hampshire v. Anne 
     Miller, Mary Lee Sargent, Jessica Ellis, Lynn Chong, Donald 
     Booth, Eileen Reardon, pending in Concord District Court, New 
     Hampshire, testimony and documents have been requested from 
     Carol Carpenter, an employee in the office of Senator Judd 
     Gregg;
       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 an employee of the Senate with respect to

[[Page S11143]]

     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;
       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 Carol Carpenter and other employees of 
     Senator Gregg's office from whom testimony or the production 
     of documents may be required are authorized to testify and 
     produce documents in the cases of State of New Hampshire v. 
     Anne Miller, Mary Lee Sargent, Jessica Ellis, Lynn Chong, 
     Donald Booth, Eileen Reardon, except concerning matters for 
     which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Carol Carpenter and other employees of Senator Gregg's office 
     in connection with the testimony and document production 
     authorized in section one of this resolution.

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