[Congressional Record Volume 153, Number 53 (Tuesday, March 27, 2007)]
[Senate]
[Page 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 immediate consideration of S. Res. 129 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. 129) to authorize testimony, document 
     production, and legal representation in State of Alaska v. 
     Robert S. Mulford and Don G. Muller.

  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 actions pending in state 
court in Fairbanks, AK. In these actions, two anti-war protesters have 
been charged with criminal trespass for refusing repeated requests by 
building management and local police to leave Senator Ted Stevens' 
Fairbanks, AK office on February 20, 2007. A trial of these defendants 
is scheduled to commence on April 5, 2007. The prosecution has 
subpoenaed testimony and documents from a member of the Senator's staff 
who had conversations with the defendants during the events in 
question. Senator Stevens 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 
Stevens' 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. REID. 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 any statements relating to this matter be 
printed in the Record, and that there be no intervening action or 
debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 129) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 129

       Whereas, in the cases of State of Alaska v. Robert S. 
     Mulford (Cr. No. 4FA-07-547) and Don G. Muller (Cr. No. 4FA-
     07-548), pending in state court in Fairbanks, Alaska, 
     testimony and documents have been requested from Diane 
     Hutchison, an employee in the office of Senator Ted Stevens;
       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 Diane Hutchison and any other employees of 
     Senator Stevens' 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 Alaska v. Robert 
     S. Mulford and Don G. Muller, except concerning matters for 
     which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Diane Hutchison and other employees of Senator Stevens' staff 
     in the actions referenced in section one of this resolution.

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