[Congressional Record Volume 154, Number 154 (Friday, September 26, 2008)]
[Senate]
[Pages S9866-S9867]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 AUTHORIZING THE PRODUCTION OF RECORDS

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             AUTHORIZING TESTIMONY AND LEGAL REPRESENTATION

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
Senate proceed en bloc to the immediate consideration of S. Res. 686 
and S. Res. 687, which were submitted earlier today.
  The PRESIDING OFFICER. Without objection, the Senate will proceed to 
the measures en bloc.
  Thereupon, the Senate proceeded to consider the resolutions en bloc.


                              s. res. 686

  Mr. REID. Mr. President, the office of Senator Christopher S. Bond 
has received a U.S. request from the U.S. Department of Justice for 
records regarding a former employee that may be relevant to its 
investigation into improper activities by lobbyists. The Justice 
Department has advised that its request arises from its belief that 
Senator Bond himself was an innocent victim of potentially improper 
conduct by lobbyists and former staff. Senator Bond seeks to comply 
with this request. Accordingly, in keeping with Senate rules and 
practice, this resolution would authorize the office of Senator Bond to 
produce documents for use in this investigation.


                              s. res. 687

  Mr. REID. Mr. President, this resolution concerns a request for 
testimony and representation in a criminal action pending before the 
Sixth Judicial Circuit Court, Oakland County, MI, in which the 
defendant is charged with two counts: malicious use of 
telecommunications services and possession of a firearm by a felon. The 
first count arises out of a threatening telephone conversation the 
defendant had with a member of Senator Stabenow's staff. The 
prosecuting attorney has subpoenaed that staff member for the trial, 
which is likely to be held in the first week of November 2008. Senator 
Stabenow would like to cooperate by providing testimony from that staff 
member. This resolution would authorize that staff member, and any 
other employee of Senator Stabenow's office from whom evidence may be 
required, to testify in connection with this action, with 
representation by the Senate Legal Counsel.
  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
resolutions be agreed to, the preambles be

[[Page S9867]]

agreed to en bloc, and the motions to reconsider be laid upon the 
table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolutions (S. Res. 686 and 687) were agreed to.
  The preambles were agreed to.
  The resolutions, with their preambles, read as follows:

                              S. Res. 686

       Whereas, the United States Department of Justice is 
     conducting an investigation into improper activities by 
     lobbyists and related matters;
       Whereas, the Office of Senator Christopher S. Bond has 
     received a request for records from the Department of Justice 
     for use in the investigation of a former employee;
       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 
     can, by administrative or judicial process, be taken from 
     such control or possession but by permission of the Senate; 
     and
       Whereas, when it appears that evidence under the control or 
     in the possesion of the Senate is needed for the promotion 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 the Office of Senator Christopher S. Bond is 
     authorized to provide to the United States Department of 
     Justice records requested for use in legal and investigatory 
     proceedings, except where a privilege should be asserted.

                              S. Res. 687

       Whereas, in the case of People of the State of Michigan v. 
     Sereal Leonard Gravlin (Case No. 08-007750), pending in, the 
     Sixth Judicial Circuit Court (Oakland County, Michigan), the 
     prosecuting attorney has subpoenaed-testimony from Ruth 
     Gallop, an employee in the office of Senator Debbie Stabenow;
       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 Ruth Gallop and any other employee of 
     Senator Stabenow's office from whom testimony may be required 
     are authorized to testify in the case of People of the State 
     of Michigan v. Sereal Leonard Gravlin, except concerning 
     matters for which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Ruth Gallop and any other employee of the Senator from whom 
     evidence may be required in the action referenced in section 
     one of this resolution.

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