[Congressional Record Volume 153, Number 53 (Tuesday, March 27, 2007)]
[Senate]
[Pages S3981-S3982]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                AUTHORIZING LEGAL COUNSEL REPRESENTATION

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of S. Res. 128.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 128) to authorize testimony, document 
     production, and legal representation in United States v. 
     Philip G. Balcombe, Sansi G. Coonan, John S. Dear, Jan 
     Lustig, Michella A. Marusa, Martin J. Ryan, Eleanore M. 
     Vouselas, and Bruno Keller.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. REID. Mr. President, this resolution concerns a request for 
testimony, documents, and representation in an action pending in 
Federal district court in Albuquerque, NM. In this action, antiwar 
protesters have been charged with failure to comply with official signs 
and directions for refusing repeated requests by law enforcement 
officials and building management to leave the office building housing 
Senator Pete Domenici's Sante Fe, NM, office on September 26, 2006. A 
trial of these defendants is scheduled to commence on April 12, 2007. 
The prosecution has requested that a member of the Senator's staff who 
had conversations with the defendants during the events in question 
testify and produce any relevant documents. Senator Domenici 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 Domenici'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.

[[Page S3982]]

  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 this matter be printed 
in the Record, with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 128) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 128

       Whereas, in the case of United States v. Philip G. 
     Balcombe, Sani G. Coonan, John S. Dear, Jan Lustig, Michella 
     A. Marusa, Martin J. Ryan, Eleanore M. Vouselas, and Bruno 
     Keller, Cr. No. 07-207, pending in federal district court in 
     Albuquerque, New Mexico, testimony and documents have been 
     requested from Maggie Murray, an employee in the office of 
     Senator Pete Domenici;
       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 Maggie Murray and any other employees of 
     Senator Domenici's office from whom testimony or the 
     production of documents may be required are authorized to 
     testify and produce documents in the case of United States v. 
     Philip G. Balcombe, Sansi G. Coonan, John S. Dear, Jan 
     Lustig, Michella A. Marusa, Martin J. Ryan, Eleanore M. 
     Vouselas, and Bruno Keller, except concerning matters for 
     which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Maggie Murray and other employees of Senator Domenici's staff 
     in the actions referenced in section one of this resolution.

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