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




                         AUTHORIZING TESTIMONY

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of S. Res. 688 which was 
submitted earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 688) to authorize testimony in United 
     States v. Max Obuszewski, et al.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. REID. Mr. President, this resolution concerns a request for 
testimony in a criminal misdemeanor action in Superior Court for the 
District of Columbia. In this action, protesters have been charged with 
disruption of Congress for loudly chanting slogans during Senate debate 
on or about the afternoon of March 12, 2008. A trial is scheduled to 
commence on September 29, 2008. The prosecution has subpoenaed a 
doorkeeper of the Senate who witnessed the charged conduct. The Senate 
Sergeant at Arms would like to cooperate by providing testimony from 
that employee. This resolution would authorize that employee to testify 
in connection with this action.
  Mr. WHITEHOUSE. Mr. President, 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 be printed 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 688) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, is as follows:

                              S. Res. 688

       Whereas, in the case of United States v. Max Obuszewski, et 
     al., Case No. 2008-CMD-5824, pending in the Superior Court 
     for the District of Columbia, the prosecution has subpoenaed 
     testimony from Justin Beller, an employee in the Office of 
     the Senate Sergeant at Arms;
       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 Justin Beller is authorized to testify in 
     the case of United States v. Max Obuszewski, et al., except 
     concerning matters for which a privilege should be asserted.

                          ____________________