[Congressional Record Volume 153, Number 123 (Monday, July 30, 2007)]
[Senate]
[Page S10335]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   SENATE LEGAL COUNSEL AUTHORIZATION

  Mr. SANDERS. Madam President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 284 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. 284) to authorize testimony and legal 
     representation in City and County of Denver v. Susan I. 
     Gomez, Daniel R. Egger, and Carter Merrill.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. REID. Madam President, this resolution concerns a request for 
testimony and representation in trespass actions in Denver County Court 
in Denver, CO. In these actions, protesters have been charged with 
trespassing in the building housing Senator Ken Salazar's Denver, CO, 
office on February 21, 2007, for refusing repeated requests by the 
police to leave the premises. Trials on charges of trespass are 
scheduled to commence on August 22, 2007. The defense has subpoenaed a 
member of the Senator's staff who had conversations with the defendant 
protesters during the charged events. Senator Salazar would like to 
cooperate by providing testimony from his staff. This resolution would 
authorize that staff member, and any other employee of Senator 
Salazar's office from whom evidence may be required, to testify in 
connection with these actions, with representation by the Senate Legal 
Counsel.
  Mr. SANDERS. I ask unanimous consent that the resolution be agreed 
to, the preamble be agreed to, the motions 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. 284) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 284

       Whereas, in the cases of City and County of Denver v. Susan 
     I. Gomez (07GS008693), Daniel R. Egger (07GS008692), and 
     Carter Merrill (07GS967589), pending in Denver County Court 
     in Denver, Colorado, testimony has been requested from 
     Matthew Cheroutes, an employee in the office of Senator Ken 
     Salazar;
       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 Matthew Cheroutes and any other employees of 
     Senator Salazar's office from whom testimony may be required 
     are authorized to testify in the cases of City and County of 
     Denver v. Susan I. Gomez, Daniel R. Egger, and Carter 
     Merrill, except concerning matters for which a privilege 
     should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Matthew Cheroutes and other employees of Senator Salazar's 
     staff in the actions referenced in section one of this 
     resolution.

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