[Congressional Record Volume 153, Number 57 (Tuesday, April 10, 2007)]
[Senate]
[Page S4236]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                AUTHORIZING LEGAL COUNSEL REPRESENTATION

  Mr. HARKIN. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of S. Res. 140, 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. 140) to authorize legal 
     representation in In the Matter of the Application of 
     Committee on Finance.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. REID. Mr. President, this resolution concerns a request for 
representation of the Committee on Finance in a proceeding in the U.S. 
District Court for the District of Columbia. The Finance Committee has 
obtained from that court, in connection with a hearing the committee is 
holding this Thursday, a writ compelling the production of a Federal 
prisoner, whom the committee has scheduled to appear as a witness 
before it.
  Notwithstanding the long history of congressional committee seeking, 
and the court's approving, such writs to authorize the production of 
Federal prisoners to provide needed testimony before Congress, the U.S. 
Department of Justice has moved to quash the writ in response to 
objections made by the Bureau of Prisons to decisions the committee 
made about the organization of its hearing and presentation of its 
witnesses. The Justice Department's motion to quash challenges the 
authority of the court to issue a writ compelling a federal prisoner to 
be produced to appear in a congressional as opposed to a judicial 
proceeding.
  This resolution will authorize the Senate legal counsel to represent 
the Finance Committee in connection with this proceeding in order to 
protect the committee's interests in obtaining testimony it needs.
  Mr. HARKIN. Mr. President, I ask unanimous consent that the 
resolution and the preamble be agreed to en bloc, the motion to 
reconsider be laid upon the table, and that any statements related 
thereto be printed in the Record, with no intervening action.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 140) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 140

       Whereas, in a proceeding styled In the Matter of the 
     Application of Committee on Finance for a Writ of Habeas 
     Corpus Ad Testificandum, Misc. No. 07-134, in the United 
     States District Court for the District of Columbia, the 
     Senate Committee on Finance filed an application for a writ 
     of habeas corpus ad testificandum;
       Whereas, on April 4, 2007, the Chief Judge of the United 
     States District Court for the District of Columbia issued the 
     writ sought by the Committee;
       Whereas, the United States Department of Justice has raised 
     questions about the Committee's application for the writ and 
     the writ that was issued;
       Whereas, pursuant to section 708(c) of the Ethics in 
     Government Act of 1978, 2 U.S.C. Sec. 288g(c), the Senate may 
     direct the Senate Legal Counsel to perform such duties 
     consistent with the purposes and limitations of title VII of 
     the Ethics in Government Act as the Senate may direct: Now, 
     therefore, be it
       Resolved That the Senate Legal Counsel is authorized to 
     represent the Committee on Finance in the proceeding styled 
     In the Matter of the Application of Committee on Finance for 
     a Writ of Habeas Corpus Ad Testificandum, Misc. No. 07-134 
     (D.D.C.).

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