[Congressional Record Volume 152, Number 21 (Friday, February 17, 2006)]
[Senate]
[Page S1459]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               S. RES. 376 (PASSED THURSDAY, FEBRUARY 16)

  Mr. REID. Mr. President pursuant to Senate Resolution 213, 109th 
Congress, the Senate authorized the Senate legal counsel to represent 
Senators John McCain and Jon Kyl in a pro se civil action in which the 
plaintiff complained that the Senator defendants violated their duties 
under the common law and the Federal Criminal Code by failing to 
investigate or prosecute the alleged commission of 1.6 million crimes. 
After the Senate legal counsel moved to dismiss the action, the 
plaintiff sought to amend the complaint to name 29 additional 
defendants, including Senators Bill Frist, Joseph I. Lieberman, Mitch 
McConnell, Rick Santorum, and Ted Stevens, as well as 14 judges and 10 
executive branch officials.
  In a January 13, 2006, Memorandum Opinion and Order, the district 
court accepted the amended complaint for filing and dismissed it. The 
court held that plaintiff's criminal claims failed on the merits and 
that plaintiff's civil claims were barred under the Federal Tort Claims 
Act for plaintiff's failure to exhaust his administrative remedies 
under the act. The court also prohibited the plaintiff from filing in 
that court any further claim arising out of the subject matter of the 
case against any of the 31 defendants.
  Plaintiff appealed the dismissal of his case. Accordingly, this 
resolution would authorize the Senate legal counsel to represent the 
five additionally named Senator defendants on appeal in defending the 
dismissal of the amended complaint against all of the Senator 
defendants.

                          ____________________