[Congressional Record Volume 154, Number 175 (Monday, November 17, 2008)]
[Senate]
[Pages S10601-S10602]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   SENATE LEGAL COUNSEL AUTHORIZATION

  Mr. WHITEHOUSE. Madam President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of S. Res. 706, submitted 
earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 706) to authorize testimony and legal 
     representation in Peter Bergel v. Pacific Gas & Electric.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. REID. Mr. President, this resolution concerns a request for 
testimony in a civil action in Multnomah County Court in Portland, OR. 
In this action, the plaintiff, an anti-war protester, seeks damages for 
an alleged false arrest in March 2007 in the lobby of a private office 
building housing Senator Smith's Portland, OR office. The defendant 
owner of the building has requested that an employee in the Senator's 
Portland office provide in connection with upcoming summary judgment 
proceedings a declaration concerning relevant communications the 
employee had with building security officers related to the events in 
question. Senator Smith would like to cooperate by providing testimony 
from that employee. This resolution would authorize that employee to 
testify in connection with this action, with representation by the 
Senate Legal Counsel.
  Mr. WHITEHOUSE. I ask unanimous consent that the resolution be agreed 
to, the preamble be agreed to, the motions to reconsider be laid upon 
the table en bloc with no intervening action or debate, and any 
statements be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 706) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 706

       Whereas, in the case of Peter Bergel v. Pacific Gas & 
     Electric, No. 0712-15723, pending in Multnomah County Circuit 
     Court in Portland, Oregon, the defendant has requested 
     testimony from Denise Racanelli, an employee in the office of 
     Senator Gordon Smith;
       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

[[Page S10602]]

     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 Denise Racanelli is authorized to testify in 
     the case of Peter Bergel v. Pacific Gas & Electric, except 
     concerning matters for which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Denise Racanelli in connection with the testimony authorized 
     in section one of this resolution.

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