[Congressional Record Volume 151, Number 128 (Wednesday, October 5, 2005)]
[Senate]
[Page S11166]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       AUTHORIZATION OF TESTIMONY, DOCUMENT PRODUCTION AND LEGAL 
                             REPRESENTATION

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of S. Res. 267, 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. 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.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. FRIST. Mr. President, this resolution concerns a request for 
testimony, documents, and representation in related criminal trespass 
actions in Concord District Court in the State of New Hampshire. In 
these actions, 6 defendants have been charged with criminally 
trespassing on the premises of Senator Judd Gregg's Concord, NH, office 
on June 2, 2005, for refusing repeated requests to leave Senator 
Gregg's office at the end of the business day in order to allow the 
office to close. Trials on the charge of trespass are scheduled to 
commence or about October 18, 2005. The State has subpoenaed a member 
of the Senator's staff who witnessed the defendants' conduct. The 
enclosed resolution would authorize that staff member, and any other 
employees of Senator Gregg's office from whom evidence may be required, 
to testify and produce documents in connection with these actions.
  Mr. FRIST. I ask unanimous consent that the resolution be agreed to, 
the preamble be agreed to and the motion to reconsider be laid upon the 
table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 267) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 267

       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. 288b(a) and 
     288c(a)(2), the Senate may direct its counsel to represent an 
     employee 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;
       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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