[Congressional Record Volume 153, Number 74 (Monday, May 7, 2007)]
[Senate]
[Page S5669]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 BY SENATE LEGAL COUNSEL AUTHORIZATION

  Mr. BROWN. I ask unanimous consent that the Senate proceed to the 
immediate consideration of S. Res. 189 submitted earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 189) to authorize testimony and legal 
     representation in the District of Columbia v. Ellen E. 
     Barfield, Eve-Leona Tetaz, Jeffrey A. Leys, and Jerome A. 
     Zawada.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. REID. Mr. President, this resolution concerns a request for 
testimony and representation in actions pending in the Superior Court 
for the District of Columbia. In these actions, anti-war protesters 
have been charged with unlawful assembly for refusing repeated requests 
to leave Senator McCain's Washington, DC., office on or about February 
5, 2007. Trials of these defendants are scheduled to commence on May 
11, 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 in this case. Senator McCain would like to cooperate 
by providing testimony from his staff. This resolution would authorize 
that staff member, and any other employee of Senator McCain's office 
from whom evidence may be required, to testify in this action, with 
representation by the Senate Legal Counsel.
  Mr. BROWN. I ask unanimous consent that the resolution be agreed to, 
the preamble agreed to, the motion to reconsider be laid upon the 
table, and that any statements relating thereto be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 189) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 189

       Whereas, in the cases of District of Columbia v. Ellen E. 
     Barfield (Cr. No. 07-3133), Eve-Leona Tetaz (Cr. No. 07-
     3144), Jeffrey A. Leys (Cr. No. 07-5009), and Jerome A. 
     Zawada (Cr. No. 07-5088), pending in the Superior Court for 
     the District of Columbia, testimony has been requested from 
     Katie Landi, an employee in the office of Senator John 
     McCain;
       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 Katie Landi and any other employees of 
     Senator McCain's office from whom testimony may be required 
     are authorized to testify in the cases of District of 
     Columbia v. Ellen E. Barfield, Eve-Leona Tetaz, Jeffrey A. 
     Leys, and Jerome A. Zawada, except concerning matters for 
     which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Katie Landi and other employees of Senator McCain's staff in 
     the actions referenced in section one of this resolution.

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