[Congressional Record Volume 153, Number 27 (Tuesday, February 13, 2007)]
[Senate]
[Pages S1926-S1927]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    AUTHORIZING LEGAL REPRESENTATION

  Mr. CARDIN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 80, 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. 80) to authorize testimony, document 
     production, and legal representation in State of Oregon v. 
     Rebecca Michelson, Michele Darr, and Vernon Huffman.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. REID. Mr. President, this resolution concerns a request for 
testimony,

[[Page S1927]]

documents, and representation in criminal trespass actions in Multnomah 
County Circuit Court in Portland, OR. In this action, anti-war 
protestors have been charged with criminally trespassing in the 
building housing Senator Gordon Smith's Portland, OR office on December 
12, 2006, for refusing repeated requests by the police to leave the 
premises. Trials on charges of trespass are scheduled to commence on 
February 26, 2007. The prosecution has subpoenaed a member of the 
Senator's staff who had conversations with the defendant protestors 
during the charged events. Senator Smith would like to cooperate by 
providing testimony and any relevant documents from his staff. This 
resolution would authorize that staff member, and any other employee of 
Senator Smith's office from whom evidence may be required, to testify 
and produce documents in connection with this action, with 
representation by the Senate Legal Counsel.
  Mr. CARDIN. 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 
the resolution be printed in the Record, without intervening action or 
debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 80) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                               S. Res. 80

       Whereas, in the cases of State of Oregon v. Rebecca 
     Michelson (2101093-1), Michele Darr (2101093-2), and Vernon 
     Huffman (2101093-3), pending in Multnomah County Circuit 
     Court in Portland, Oregon, testimony and documents have been 
     requested from Kellie Lute, an employee in the office of 
     Senator Gordon Smith;
       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 
     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 Kellie Lute and any other employees of 
     Senator Smith'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 Oregon v. Rebecca 
     Michele Darr, and Vernon Huffman, except concerning matters 
     for which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Kellie Lute and other employees of Senator Smith's staff in 
     the actions referenced in section one of this resolution.

                          ____________________