[Congressional Record Volume 153, Number 114 (Tuesday, July 17, 2007)]
[Senate]
[Page S9530]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    AUTHORIZING SENATE LEGAL COUNSEL

  Mr. KENNEDY. Madam President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 274 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. 274) to authorize representation by 
     the Senate Legal Counsel in the case of Lewis v. Bayh.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. REID. Mr. President, this resolution concerns a pro se civil 
action filed against Senator Evan Bayh, in which plaintiff alleges, as 
best as can be pieced together from the complaint, which offers no 
factual support, that the Senator intervened in the processing of 
plaintiffs FOIA request to the Department of the Treasury to block 
access to documents in order to protect the identities of constituents 
whose names would have been revealed in the documents and who, 
according to plaintiff, had violated plaintiffs civil and 
constitutional rights.
  This resolution authorizes the Senate Legal Counsel to represent 
Senator Bayh in this suit and to move for its dismissal on both 
threshold jurisdictional grounds and failure to state a claim on the 
merits.
  I urge the Senate to approve this important legislation.
  Mr. KENNEDY. Madam 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 related 
thereto be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 274) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 274

       Whereas, in the case of Lewis v. Bayh, Case No. 07-CV-0939 
     (D.D.C.), pending in the United States District Court for the 
     District of Columbia, the plaintiff has named as defendant 
     Senator Evan Bayh;
       Whereas, pursuant to sections 703(a) and 704(a)(1) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) 
     and 288c(a)(1), the Senate may direct its counsel to defend 
     the Senate and Members, officers, and employees of the Senate 
     in civil actions relating to their official responsibilities: 
     Now therefore, be it
       Resolved, That the Senate Legal Counsel is authorized to 
     represent Senator Evan Bayh in the case of Lewis v. Bayh.

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